Loading...
HomeMy WebLinkAbout00-06409 ~ ~~; , ~ LISA LYNNE HOKE, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-6409 CIVIL TERM : SHAWN FRANKLIN MORRIS, . CIVIL ACTION - LAW . Defendant : IN CUSTODY OODER OF COURT AND refi, this 31* upon consideration of the attached ordered and directed as follows: 1. A Hearing is scheduled in Court Room # ;;l" of the CUmberland County Court House, on the e9.CtfJI day of '--1lA7JemJ~, 2000, at _L?'o o'clock, -R.m., at which time testimony will be taken. For purposes of the Hearing, the Mother, Lisa Lynne Hoke, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. day of O~ Custody Conciliation , 2000, Report, it is 2. Pending the Hearing, the Father shall have primary physical custody of the Children. The Mother shall have partial custody of the Children every Friday from 1:00 p.m until 7:00 p.m. which shall be supervised by the Mother's sister, Lorrie Harner. The Mother shall also have custody of the Children every Sunday with supervision by the Mother's mother, Kay Snyder, from 12:00 noon until 6:00 p.m. The supervising individual shall provide transportation for the exchange of custody and the Mother shall remain in the car during all exchanges. The Mother shall provide at least two hours advance notice to the Father if she is unable to exercise her right to a period of custody under this provision and the Father shall not make alternative plans for the Children for at least one-half hour after the scheduled exchange time. 3. In 2000, the Mother shall have custody of the Children on Thanksgiving Day from 10:00 a.m. until 4:00 p.m. and on Christmas Eve from 12:00 noon until 8:00 p.m. Either Lorrie Harner or Kay Snyder may provide supervision for the holiday periods of custody. cc: Heather M. Faust, Esquire - Counsel for Mother Jacqueline M. Verney, Esquire - Counsel for Father J~ _'~ 00 c'<<\D' J~ II , ~ ,,,. ~- - , '" "' -= , - ~~ J 1 f::;L\:\}-{;i:P1CE "'_. .,., .....T. 'n' 10""'f'V IJr- ! ~ '.. :' ,_ ,j , :"',\)l'i 1 t\li , GO CCn \ PH 3: 33 Olnv\8ERlJli'~O COUt-IrY PENNSYLVANIA ~"~ r'-~~ _ , _ !l!l1l'l~Wf;i5f::.~"'R'Ifl!jljfI;\W.;j'!!>1M'R_'f,li'l'r'!!'fIJ'1h'm<~","'J~"\\\"'~\I;!lWjil[;:jilffil.'ii'~~~_!lI~,..~~11IJI_"""_ ~< ~ .. . J , . ... LISA LYNNE HOKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 00-6409 CIVIL TERM . : SHAWN FRANKLIN MORRIS, . CIVIL ACTION - LAW . Defendant : IN CUSTODY CUSTODY <nICILIATICN SUMMARY REE'(Rr IN ACCXlIDl\NCI& WITH CUMBERLAND COONTY 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 aJRRENTLY IN CUSTODY OF Amber-Lynne Nichole Morris December 20, 1994 Alison Kara-Lynne Morris September 14, 1996 Father Father 2. A conciliation COnference was held on October 17, 2000, with the following individuals in attendance: The Mother, Lisa Lynne Hoke, with her counsel, Heather M. Faust, Esquire, and the Father, Shawn Franklin Morris, with his counsel, Jacqueline M. Verney, Esquire. 3. No prior custody orders have been issued in this matter. The Mother filed this Petition for CUstody of the Children, who have been residing with the Father since November 1999. As the parties were not able to reach an agreement as to ongoing custody arrangements at the COnference, it will be necessary to schedule a Hearing. However, the parties were able to establish temporary arrangements without prejUdice to either party's position at Hearing, pending a determination by the COurt. 4. The Mother's position on custody is as follows: The Mother seeks primary physical custody of the Children. According to the Mother, the Children resided with her until the Father came to the residence in November 1999 and took the Children without her consent when a babysitter was there. Although the Mother stated she had regular contact with the Children from November 1999 through August 2000, the Mother's periods of custody were required to be at the Father' s house under the Father' s supervision. The Mother stated that the Father harassed her during these periods of custody and on October 2 the Father advised her that she could have no contact with the Children due to the filing of the CUstody Petition. The Mother believes that the Father only seeks to retain custody so that his Mother will allow him to continue to reside in her residence. The Mother confirmed that she currently resides in a three bedroom trailer with her boyfriend and three teenage children. The Mother II ." . .~ stated that the Children would be given one of the bedrooms if she were to have custody. Finally the Mother expressed concerns regarding the Father's failure to properly care for the Children. 5. The Father's position on custody is as follows: The Father believes the Children should continue to reside primarily with him. The Father proposed that the Mother resume periods of supervised visitation which would then eventually increase to alternating weekend periods of partial custody. The Father expressed concerns about the adequacy of the Mother's living arrangements for the Children. The Father believes that the teenage Children in the Mother's household are a harmful influence on the Children. The Father expressed ocncerns regarding the availability and use of drugs in the Mother's household (denied by Mother), 6. The parties made several disturbing allegations at the Conference concerning abuse, drugs and other factors seriously threatening the Children's well-being. It is difficult to determine to what extent the allegations are attributable to the obvious hostility between the parties. 7. The Conciliator recormnends an Order in the form as attached scheduling a Hearing in this matter and establishing temporary custody arrangements pending Hearing. At least one-half day will be required for the Hearing. nr.J.o hv1 1'1. ..#')00 Date I rU~AA~_-IA , Dawn S. Sunday, Esquire (j CUstody Conciliator II . LISA LYNNE HOKE PLAINTIFF V. SHAWN FRANKLIN MORRIS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-6409 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 29 day ofEPTEMBEe, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 17TH day of OCTOBER ,2000, at 3:00 PM 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 appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIIE COURT, By: Is/ Dawn S. Sunday. Esq.tJP Custody Conciliator Tbe 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 TIIE 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 II *"1 ",r'~~"~,,,", )t\3 a? /03 -Oc? /03- aj ~. ~"-"I"-" ~-, ,~" . ',' -",,;. ~ '---"",--,>~" "H", ,,_., --'T']'-J"""-""'" ""-~"""""-"'("~J"J-~-"""-'''-{;.fiJ'''{ OF Ti,t.~~~~~,~._~?!:~~!9r~'T'i r , ,,-uil\dY 00 OCT -.j tJ" ". ,,~ "" III .j'd:..! CU'.S..... IV[, ""~-:I ,-", ,-"--, /"f"_' .. P;:" ..[" .;u "uUNI)' r:NNSYLVANIA M- ~ ~~ ~ 4(9f~ ~~.~~. C'~~ ;F4~ ~,~ ~_ ~'_~lI'Wiji!1Ij,j'Hrl~!WtlffiJi1j11'!f!!O"~"';""";!) "':04Ii"",~_"""""',j'","1~w.uP'.'ni"''''''''''''''''-i''-~'''-\F''N''",,,n;l}''*'~''~fe1!<""1<'''''''":'l1''''fi''1:~'"",,,~, ~~,,~, ," . I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LISA LYNNE HOKE, Plaintiff No. CD- (p L/tJ'l ~ v. Civil Action - Law SHAWN FRANKLIN MORRIS, Defendant In Custody ORDER You, Shawn Franklin Morris, Defendant, have been sued in court to obtain sole custody ofthe following children: Amber-Lyrme Nichole Morris and Alison Kara-Lynne Morris. You are ordered to appear in person at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Permsylvania, 17013, on the_ day of 2000, at _.M., for o a conciliation or mediation conference. o a pretrial conference. o a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. I I ... - , . , J_~ ,,-~.,,,,, 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 AMERICANS WITH DISABILITIES ACT OF 1990 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. BY THE COURT: Date: J. " ",. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA LYNNE HOKE, Plaintiff No. f.H; _ (, '1DCf CU;J J.u- v. Civil Action - Law SHAWN FRANKLIN MORRIS, Defendant . . In Custody COMPLAINT FOR SOLE CUSTODY 1. The plaintiff is Lisa Lynne Hoke, residing at 3050 Old Trail Road, #35 B 10, York Haven, York County, Pennsylvania, 17370. 2. The defendant is Shawn Franklin Morris, residing at 301 Fireside Drive, Camp Hill, Cumberland County, Pennsylvania, l70ll. 3. Plaintiff seeks sole custody of the following children: Name Present Address Date of Birth Amber-Lynne Nichole Morris 301 Fireside Drive, Camp Hill, Cumberland County, Pennsylvania, 170ll 12/20/94 Alison Kara-Lynne Morris 301 Fireside Drive, Camp Hill, Cumberland County, Pennsylvania, 170ll 09/14/96 4. The children were born out of wedlock. l ,."",. ~ I , --", 5. The children are presently in the custody of Shawn Franklin Morris, defendant herein, who resides at 301 Fireside Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 6. During the past five (5) years, the children have resided with the following persons and at the following addresses: Name Address Dates Lisa Lynne Hoke 1 West Manor Avenue, Dec. 1994 - Sept. 1995 and Kay Snyder Enola, Cumberland County, Pennsylvania, 17025 Lisa Lynne Hoke and 155 Salem Church Road, Sept. 1995 - Dec. 1995 Shawn Franklin Morris Mechanicsburg, Cumberland County, Pennsylvania, 17055 Lisa Lynne Hoke and 38 North Enola Drive, Dec. 1995 - April 1996 Christopher Hoke Enola, Cumberland County, Pennsylvania, 17025 Lisa Lynne Hoke and 155 Salem Church Road, April 1996 - Nov. 1996 Shawn Franklin Morris Mechanicsburg, Cumberland County, Pennsylvania, 17055 Lisa Lynne Hoke and 38 North Enola Drive, Nov. 1996 - March 1997 Christopher Hoke Enola, Cumberland County, Pennsylvania, 17025 -2- II Lisa Lynne Hoke and Shawn Franklin Morris Lisa Lynne Hoke, Charles Christopher Hoke and Heidi Lynne Hoke Shawn Franklin Morris, Loretta Rose Maddenfort and Mark Maddenfort L.'.<< ' "." 155 Salem Church Road, March 1997 - Dec. 1997 Mechanicsburg, Cumberland County, Pennsylvania, 17055 115 York Street, Dec. 1997 - Nov. 1999 Enola, Cumberland County, Pennsylvania, 17025 301 Fireside Drive, Nov. 1999 - Present Camp Hill, Cumberland County, Pennsylvania, 17011 7. The mother of the children is Lisa Lynne Hoke, currently residing at 3050 Old Trail Road, #35 B 10, York Haven, York County, Pennsylvania, 17370. She was never married to Shawn Franklin Morris. 8. The father of the children is Shawn Franklin Morris, currently residing at 301 Fireside Drive, Cumberland County, Pennsylvania, 17011. He was never married to Lisa Lynne Hoke. 9. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: Name Jim Evans Christopher Charles Hoke Ii Relationship Paramour Son -3- I". _ ',.~,~ Heidi Lynne Hoke Rebecca Lee Ellen Evans Daughter Paramour's daughter 10. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons: Name Loretta Rose Maddenfort Mark Maddenfort Amber-Lynne Nichole Morris Alison Kara-Lynne Morris Relationship Mother Brother Daughter Daughter 11. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 13. Plaintiff does 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. 14. The best interest and permanent welfare of the children will be served by granting the relief requested. -4- Ii -J' , .' "d,' - _,,= ~-'" ....-..-,;, 15. 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, Plaintiff respectfully requests the Court to grant her sole custody of Amber-Lynne Nichole Morris and Alison Kara-Lynne Morris. Respectfully submitted, N,.AJ.:tJ\ i II t CJ..AAV: Heather M. Faust Attorney ID #77947 Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Dated: September 19, 2000 Attomeys for Plaintiff -5- II ;" -,~- , ", -' ....."."" -, - , ,-I K.ilbM!.li.iI VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements made therein are subject to the penalties contained in 18 Pa.C.S.A. ~4904, relating to unswom falsification to authorities. ~~~ '"~" ---"""''''''''-"-'''-'' ~",""""",,,,",~:m;lMlod_ ,~liill!>!l,=f.w<-,,_ -' litiltiI4SVjll!lUlll>W~~- &s~!!llIt.~.Il~_!,j mUI.LR .. . ~_,J. LmE! ,vu. .;:: ",~'7:' ',>",", _ _, , ,,-, ,,,~><-<,,-'~' . ,~.~ ~, ~ ~ ~ ~ .., ~< -~ ~ ~, ~\ ,,~ ~~ \ ,-. -~ - Y\ CI'~ ~ \ \(J', ~ ~,' \i \.~ ~ \ ~\ ~~~ o C \J~ m~-: Z~.i Z~~ C/)~ 'JJ ~,..., :,,::'-> ~ :0 5>8 ~. c J:'" Z .. =< en ~ C) o (I) r.." "'0 (" o~ -.,J !-'l"~in ,~-;::9 ~-)c. ~ \:,~ :.r: C}3 ::)r(") dm 0-1 .J> ~ !1I:f. ~" . 9iiJ~~ ~~ - . . .' LISA LYNNE HOKE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBRELAND COUNTY, PENNSYLANIA v. : NO. 00-6409 CIVIL TERM SHAWN FRANKLIN MORRIS, : CIVIL ACTION-LAW Defendant : IN CUSTODY DEFENDANT'S PRETRIAL MEMORANDUM AND NOW, comes the Defendant, Shawn Franklin Morris, by and through his attorney, Jacqueline M. Verney, Esquire, and hereby files this Pretrial Memorandum. I. PROCEDURAL HISTORY The children involved in this matter are Amber-Lynne Nichole Morris, D/O/B December 30,1994 and Alison Kara-Lynne Morris, D/O/B September 14,1996. Plaintiff filed this Custody action on September 19,2000 seeking sole custody ofthe children who have been residing with Defendant since November, 1999. A Conciliation Conference was held with Dawn Sunday on October 19, 2000 and the parties agreed to an interim Order granting Mother supervised periods of custody every Friday from I :00-7:00 p.m. and Sunday from 12:00 -6:00 p.m. A hearing is set for November 29, 2000 at I :30 p.m. before the Honorable Edgar B. Bayley II. WITNESSES Father expects to call the following witnesses: ..II , ~ ,I"_'~l . 1. Shawn Franklin Morris - Father will be called to testify regarding his periods of custody with the children, his level of care of the children, his relationship with the children, his responsibility concerning the children's medical and educational growth, his concerns over the care that Mother provides and other relevant matters regarding the best interest of the children. 2. Loretta Madenfort, the children's maternal grandmother will testify concerning her relationship with the children, the Father's level of care for the children, the family environment, her experience with the children's Mother and other relevant matters regarding the best interest of the children. 3. Lorrie Harner, the Mother's sister will testify concerning the level of care the children receive while in the Mother's custody and other relevant matters regarding the best interest ofthe children. III. FATHER'S POSITION ON CUSTODY Father requests an Order be entered granting the parties shared legal custody of the children with Father having primary physical custody of the children and Mother having periods of supervised custody as the Court directs. Date: 11- f7-eN Respectfully submitted, k,~ acq line M. Verney, Esquire Supreme Ct. ID 23167 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Petitioner I I ~ ~ , ~ . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Pretrial Memorandum was served on the following person by first class US Mail, postage prepaid on the date indicated: Heather M. Faust, Esquire P.O. Box 886 Harrisburg, PA 17108 Date: f /-/7 -eN ~L',L, cq ine M. Verney, Esquire #23167 6'/ 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Defendant I I ". " -.~,;. . ~J !lIi.I>.~MIiOf.,,\'. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LISA LYNNE HOKE, Plaintiff No. 00-6409 Civil Term v. Civil Action - Law In Custody SHAWN FRANKLIN MORRIS, Defendant (Judge Bayley) PLAINTIFF'S PRE-HEARING MEMORANDUM Plaintiff, Lisa Lynn Hoke (hereinafter Mother), by and through her attorneys, Killian & Gephart, in accordance with this Court's order of October 31, 2000, hereby sets forth Mother's position on custody, a list of witnesses who are expected to testify at the hearing on behalf of Mother and a summary of the anticipated testimony of each witness. I. MOTHER'S POSITION ON CUSTODY Mother seeks primary physical custody of the minor children, Amber-Lynne Nichole Morris, born December 20,1994 and Alison Kara-Lynne Morris, born September 14, 1996. Prior to November 1999, when Defendant, Shawn Franklin Morris (hereinafter Father), without Mother's knowledge or consent, removed the children from her residence, Mother had been the primary caretaker of the children since their birth. From November 1999 through August 2000, Mother had regular contact with the children; however, Mother's periods of custody were required to be at Father's house under Father's supervision. On September 19,2000, Mother filed a custody complaint captioned at the above term and number. Shortly after being served therewith, Father told Mother that she will '~!Jil<I~~j)'k , . never see the children again, even if this Court were to award her primary physical custody of the minor children. From November 1999 until present, Father has refused to encourage, permit or allow frequent and continuing contact and physical access between Mother and the minor children. II. LIST OF WITNESSES AND ANTICIPATED TESTIMONY 1. Lisa Lynne Hoke Anticipated Testimony: Mother will testify to matters impacting the physical, intellectual and emotional well-being of the minor children. 2. Melissa Snyder Anticipated Testimony: Ms. Snyder will testify to Father's present and past violent or abusive conduct toward Mother and the minor children and other relevant matters impacting the physical, intellectual and emotional well- being of the minor children. 3. Rebecca Evans Anticipated Testimony: Ms. Evans is expected to testify to the series of events which transpired in November 1999 which resulted in the children being removed from Mother's residence by Father, without Mother's knowledge or consent, and other relevant matters impacting the physical, intellectual and emotional well-being of the minor children. Respectfully submitted, '~ FOJ...Abt Heather M. Faust Attorney ID #77947 Killian & Gephart 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: November 20, 2000 Attorneys for Plaintiff I I "~~" ~ " " . ,b~,"", , , CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Plaintiffs Pre-Hearing Memorandum upon the following by hand-delivery: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 ~~~;J~ Corrine Eggers odhouse Killian & Gephart 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 Dated: November 20, 2000 I I 27/11 '00 15:52 FAX 717 737 6779 ~.~~ , DJ P1acey ;",'""~". ~ IgJ uu", = COMMONWEALTH OF PENNSYL V ANlA COUNTY OF CUMBER 09-3-04 Hon. Thomas A. Pia 104 5. Sporting Hill R Mechanicsburg, PA 1 050 ,..."""" (717) 761-8230 DocketNo.: Q.R-OCOo4\J\-OO DateFiled: IO-a'i-ro ~TN:- H 1'10'1 01-d-. ~ Din Ne.; POLICE CRIMINAL COMPLAINT DJ.l;.'ooll:: COMMONWEALlH OF PE.NNSYLVANIA ^"""" "". ])~:JlENDANT, ,,_ Address Shawn F. Morris 301 Fireside Drive ClIDIp Hill, Pa 17011 J<.SAIAKA CfMJ39 Of (N Ham den Townshi lde:iliff~lIl!,tt1t~genty --,- 173-58-11665 UCRlNDlD13 Colk- Deft:a""'''~ l:1SIWbil:8 D.Mbn o c DNatb-'tAm~riam Dukndarn'( AKA. ~=non8lickc' Compl.ewll1:l.;:ithml:NIWI)eI' I, 1916 OBkllz Badi'= NU1TIbalD. PA0210400 p~~rt:'/altJNm1:Ib::r ~AJ::1;fIcy~Numbet(OCA) do hereby state: 1. I accuse the above TIIUIled defendant, Pennsylvania at: 108 Prowell Dr. in P311icipams were (ifth=w=p;ll"ticip..... lives at thc address set fonh above. 'With violating the laws of the Commonwealth of DEN TOWNSHIP, ClJMBERLAm> COUNTY on or aboutlO-17-QO 2140hrs lacclheit f1MOJJ;S, h=. "'P"'lingthc....,. o[above dd'cudam):Shawn Morris 2. Tho.... <1>DUn'.... by _ nC<U>e<l "...: (A) 'tering and Prowling llt Nigbt Time CC:5506 (So!\li:Jtt1I.'llWnfT1aJYoftbe~:;IulLdd1tlO~~dI!Lsnd.al "e'ltleT1~ I)fiho!ll!li;rt&C~A.cib!iOJtmtbcClmllZll~vlolo\:ed,lIritnom.m~isnoT~Dimtb1.S.!TOJtLII:ll\lY~you1UUfj[citethe speQlk&Cl:liDl\~d~..ecWn.tltthnl1l1l~or~.c:d vj(\lll1ed.) Def. did at night lime. maliciously loit or maliciously prowl around a dwelling house or any other place used whol.ly or in pan for living or dwelling purposes, be.longing' 0 or occupied by another to 'Wit: de[ was stopp<d on posted private property of apartment complex at night time in an area he had no legitimate pmpose to be at outside windows of residents annoying and alanning residents (B) Unlawful Possession of Drug Paraphe alia Act 64 sec13(a)ss(32) De!. did possess with the intent to use drug paraphernalia for the pwpose of planting.propogating.cultivating,growing, arvcsting.manufacturing.compounding.converting,producing.processing,prcparing,testing ,analyzing.packing,sroring.containillg.con . g.injecting.ingesting,inhaling and/or otherwise inIroducing inro !be huIllan hod;y a controlled substance to wit: possessed a pi which smelled of marijuana,contained burnt ashes in the bowel and is COIIlJ1\oDly used for smoking marijuana :all otltbich 1'J't'J"'t: agabttt the pcao:: 111ld gniiy 'Otthe Co~ orv~ _d rontnry to me Att of A:melXlbty~ or in "iolRtion of: A. 5506 - 13. (......., .rlb< TiU~ IH 1 OlIllD-=tIlm) (PASblaJII) {CllImb) (32) ortluo Art" 1 {SubiUllfta!l,) (f'ASt:aaal.) (""""'" of the (SubFOCOPn) (PAS....) (Cooftb) 8- C.. (.......) 3. TaSk tIJar Oa warrant ofamst or made. (In Older for a ~t of !be issuing authority,) a summons be issued and that the defendant be required to answer the charges I have to issue, the attached affidavit of probable cause must be completed and sworn to befon: 4. I verify lllal thC facts set [a<111 iLl this verilication is made subject to the pe falsification to authorities. ompl.ai.nL ~ l(uC and con<<:'( to the beet or my knowledge or ;nfOt1Tl;}i.ioll.and belief. Thi,'\ ties of Seaion 4904 of the Crimes Code (18 PA. C.S. 4904) rcJatins to unsworn C HIBIT I ~' II 27/11 '00 15:52 FAX 717 737 6779 DJ Hacey ~--. ^ 'd ',", lI!:jVVo,J I Defendant N arne: Docket Number: . POLICE CRIMINAL COMPLAINT /4LIL~~ (Signature of ant) ;-3 Ocr 00 Date: AND NOW, on this date , 1 certify the complaint has becIl properly COlI1plcled and verified.. An affidavil of probable cause must be com elcd iD. order for a warrant to issue. 09- 3-04 ~r!lII DIstrict Tho a . Placey (SEAL D.J. AOt>C~I-mOlSol'lGfT~H.-\MPl)1i}l . ~bt'~tt(Clf~l\Y;hii \,.m~'~~ " ') rn ' "..,., ," _,l::,."~..<", ,_ .' ;': ,~:,.~t.'~.::~D.~<,' - . .~W(J-r76f!J;"~':'<'",~~~r :' ,,~ci<,.,' ),)POUCEROUNDUP:iT S,~"r'&;.. -'" "--, .- q<-. r .~.. ,....."' '-":1',. < ... ;;:~~"c,,,,'.4.<;c,, ~"'~ ,." ~~'... ""~,_i'C'1.. ? Ham~e~,t\yp." h+'" t ' MAN JAILED: .Atownship man anonymi was inCuinberlan<lli:oilllty evidence Prisonyestei'd;ly.ona parole'vt:' t was ,easy olation after police said they e who tOld found him hiding behind: a car , 'said.,'::i:::l:vhile tb,ey~reinvestigatinga I ~ :daUghter's,p~9'YJing'compJainton .a pri" ~ ,eadminis. lVlftEl'll,rive alongtheConodogui" I ,ould:'hav . ,net,l1;reek;,,,,. .... , ',,',' " hie',l"'':',''':, P'l,llic'f identified the riianas 1 birted ove'. ShaWn F"Morris; 39;. of the 300 \ olice;,tele ,blockofFiresideDrive. .( also wen "Officers 'NerecalledtothelOO 1 'elp. Unsat- block of Prowell Drive. ab9:40 ~ ,r~ald 'he p.m. Tuesday after a homeown- L ii',," " erhearcl noises and the motion daughter lights around the residence'ac" ing .illicittrvated. ., Police had, no details on why i 0 or kbo. Morris was on parole.' , Middlesex, "[Wp. " " " ASSAULT ALLEGED: Tow~hip po- lice. charged William: Mark King, 31, with an Oct. 10 assault and robbery at ahoine'in the first block of BeagleCluliRoad.. "King. whose 'perinanent ad- dress is unknown, i&.charged: with aggravated: assault,simple' assault, robbery. antt theft. He was arraigned Tue'sday and placed in Cumberland:. County Prison in lieu of $25,000 bail. The victim had, told pOlice he had been drinking ,with a cou- ple at a Beagle Club Road: home for several hours on Oct. 10 when the man. beat and, robbed him and forced him to. drive the, couple to Carlisle. Township , police . said: KiIlgwa&.an:ested Jl~-~.$"!~~:i:~~}~~i~:;:~~if~tt:':' ':::':.~, ' "^"..' . "}il' mli~l,;;~ , , I f. ",'. ienteering unday at Ie able to 1 . tween 10 . is a .$5fee ; Beginner, termedi, el courses "n)ir~~t~~@;*(\ II ~'- HOt::..! - . , " .~ ~ ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA LYNNE HOKE, Plaintiff No. 00-6409 Civil Term v. Civil Action - Law In Custody SHAWN FRANKLIN MORRIS, Defendant (Judge Bayley) PLAINTIFF'S PRE-HEARING MEMORANDUM Plaintiff, Lisa Lynn Hoke (hereinafter Mother), by and through her attorneys, Killian & Gephart, in accordance with this Court's order of October 31, 2000, hereby sets forth Mother's position on custody, a list of witnesses who are expected to testify at the hearing on behalf of Mother and a summary ofthe anticipated testimony of each witness. I. MOTHER'S POSITION ON CUSTODY Mother seeks primary physical custody of the minor children, Amber-Lynne Nichole Morris, born December 20, 1994 and Alison Kara-Lynne Morris, born September 14, 1996. Prior to November 1999, when Defendant, Shawn Franklin Morris (hereinafter Father), without Mother's knowledge or consent, removed the children from her residence, Mother had been the primary caretaker of the children since their birth. From November 1999 through August 2000, Mother had regular contact with the children; however, Mother's periods of custody were required to be at Father's house under Father's supervision. On September 19, 2000, Mother filed a custody complaint captioned at the above term and number. Shortly after being served therewith, Father told Mother that she will I I J,~_" . never see the children again, even if this Court were to award her primary physical custody of the minor children. From November 1999 until present, Father has refused to encourage, permit or allow frequent and continuing contact and physical access between Mother and the minor children. II. LIST OF WITNESSES AND ANTICIPATED TESTIMONY 1. Lisa Lynne Hoke Anticipated Testimony: Mother will testify to matters impacting the physical, intellectual and emotional well-being of the rninor children. 2. Melissa Snyder Anticipated Testimony: Ms. Snyder will testify to Father's present and past violent or abusive conduct toward Mother and the minor children and other relevant matters impacting the physical, intellectual and emotional well- being of the minor children. 3. Rebecca Evans Anticipated Testimony: Ms. Evans is expected to testify to the series of events which transpired in November 1999 which resulted in the children being removed from Mother's residence by Father, without Mother's knowledge or consent, and other relevant matters impacting the physical, intellectual and emotional well-being of the minor children. Respectfully submitted, 'Mni.f-u.Jt FCUJJ::1 Heather M. Faust Attorney ID #77947 Killian & Gephart 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 Dated: November 20, 2000 Attorneys for Plaintiff II .'"~U"= ~ -"'-'- -I: . , , CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy ofthe foregoing Plaintiff's Pre-Hearing Memorandum upon the following by hand-delivery: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 ~~~V~~ Corrine Eggers odhouse Killian & Gephart 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: November 20, 2000 II < " CUMBERLAND VALLEY SCHOOL DISTRICT HEALTH REGISTRATION FORM I DEFENDANT'S EXHIBIT /!; Registration Date . School Grade (TO BE COMPLETED BY PARENT/GU,o,RDIAN) Student's NameAfY\/.?'C'R-l YtUlJ{:. Address :JOII::/!?? <;'1 Of' /)I! Mother's Name I.JSfI- L y,u~ AJf{../-/-oU /110/(.(6 (!/h>?f) ifILL. M Birth Date J~ktJ/ilIIsex r: Home Phone (jf1)7(,f7f87 :) /4IvJAl FfJf1J,fuv mORels ;(j&/.-r:"" HoKE Father's Name Guardian's Name wREm 1llA-I)wfiae:-r- Relat[onship <2:I!/h/ I?1t5T!1{l> Phon.Qrl)Jt, 1-1tj~7 Student's Doctor .uu" Student's Dentist MEDICAL HISTORY: COPy'of immunization dates atfached: Yes No If nO copy is available. please enter the dates here: Diphffieria, Tetanus L !.e-J,1-tl/; 2. IO.J.1.r;S Oral Polio L (p-)) 1- tJS 2. /0 tjJ/.?5 Measles'. Mumps', Rubella' #1. :7;J-;)J- 9& , . MMR immunization must be given after 12 months of age, 3. j-/E-Q(P 4, 1J.-;J'11a. 3. ~/.a-9/;J 4. //J-/J--CJ!;J &'0'00 Ip ~- 00 5, #2. Hepatitis S la,,)}.91 2. ) -:3 / ,. 9,5 3, 1i/',S1J-7'S HIS 1 2, 3. 4, 5, Other 'IIIJT?/CFLLJ1- frd-OO Date of last TB test Type Date of last physical examination (o',q -D () Result Date of last dental exiimination Current medication: Name Dosage Frequency Current medical treatment Physical education or sports restrictions Does your child have any problems with : (please be specific) Allergies W Special Diet O() Specify type Treatment Physical handicap Uc, Hearing /.X) Vision f\Jo Speech vO Please complete other side ~~ ~----~I ~~ , . Significant Medical Conditions (X) Yes No If Yes, Explain Allergies.............. .............. ............ Asthma.......................................... Cardiac.......................................... Chemical Dependency.................... Drugs...................................... AlcohoL.................................. Diabetes Mellitus.......................... Gastrointestinal Disorder............. Hearing Qisorder.......................... Hypertension............................. .... Neuromuscular Disorder.............. Orthopedic Condition..................... Respiratory lIIness....................... Seizure Disorder........................... Skin Disorder................................ Speech Disorder............................ Vision Disorder............................. Other (Specify)............................ o o o o o o o o o o o o o o o o o o rz( g ~ ~ 2Y ~ ~ ~ o fZI" o Report of Physical Examination (X) Normal Abnormal If Abnormal, Explain Height (inches) 4.5'/ ...,-/ Weight (pounds) ,,,Hh V Pulse ( 1lP ) I / Blood Pressure BJj /.JR ../ Hair/Scalp V Skin ../" Eyes-Visual Acuity R;lO I~S LCJ,t?I,~S v'" Ears-Hearing dB R L V Nose and Throat ...-- Teeth and Gingiva ............... Lymph Glands ~ Heart-Murmur, etc. ..,....- Lung ~ Abdomen (...../' Genitalia 1~ Neuromuscular System ~ Extremities -./'/ Spine (Presence of Scoliosis) -../ ~',q.t)O Date 0 Examination P~~~ E~infWJ:Y MECHANICSBURG FAMll Y I r1!~.CTICE 122 SOUTH FILBEHl STHEET AddrEMfCHANICSBURG, PA 17055 I I - - - ~~ ;; . Cumberland Valley School District Private Physician's Report Of Physical Examinations Of A Pupil Of School Age Dear ParenVGuardian: The School Health Law requires all children to have a medical examination upon original entry into school, in sixth grade and in eleventh grade. These examinations are recommended because these are critical periods in the growth and development of your child. We are recommending that this examination be done by your family physician, since he/she can best evaluate your child's health, assist you in obtaining necessary treatment, and keep your child's immunization status cutren!. We are giving you this form early in order that your physician may have time to examine, treat and immunize your child in early summer. If this examination is not done privately by your family physician, it will be given at school by a school physician. Please have your physician complete this form and return it signed to Sporting Hill Elementary School, 210 South Sporting Hill Road, Mechanicsburg, PA 17055 marked to the attention of the School Nurse by September 1. Your cooperation in this matter is greatly appreciated. Na?;;;;;i~ 1rJtJl?l))-!J Age Sex o 0 M F Birth Date Address Immunization Status: Required by state law before child enters school Boosters /PI,;( Ie 0 I I Diptheria - Tetanus Oral Polio Vaccine Hepatitis B Measles (Hard, Red)" Rubella (German Measles). Mumps. (p I ~ I 00 I I I / If a child had measles and/or Rubeila disease, proof of a serological tiler of at leasl 1:4 must be provided. If a child had mumps disease, written verification must be provided b an M.D. or D.O. / I HIB .. I VTtf?'CELL}~ ~ {.r&-OO . Immunization must be given ~ 12 months of age .. A 4th dose of tetanus and diphtheria (Td) including one dose on or after the fourth birthday. / I I I I I I I I Most recent T.B. Test: Type Date Results Any restrictions on play or physical activities? Any current medication? Name Dosage Frequency 3/98 (Continued on back) II '. :gln'!jJ@~~Q..~Jtl9 Yl ~[b[b~W ~@iW@@[b @a~j1la@? Dear Parents: The School Health Law requires all children to have a dental examination upon original entry Into school and'in the third grade and the seventh grade. Parents are urged .to have this examination done by their family dentist because he/she has the best knowledge of the child's oral condition and may recommend immediate steps for dental care. ... .- We are giving this form to you early in order that your dentist may have time to examine your child in early summer. After filling. it out as completely as possible, have your dentist sign the form. If this examination is not done by your family dentist, it will be given at the school by a dentist. Please mail this form to Sporting Hili Elementary, 210 South Sporting Hili Road, Mechanicsburg, PA 17055, marked to the attention of the School Nurse, before September 1. ' Vour cooperation in this matter will be greatly appreciated. --------.----------------.----------.-----.------------------------ . FAMIL V DENTIST REPORT Name of d1ik:I (last) (First) (Mici:lle) I3illt1da1& M( I F( I GIllda Room/Section The above named child last visited my office on ~ - / ;r. - 00 . At that time all necessary dental corrections had been made. Ves No This child is currently under treatment. Ves No J) ENN(~ <0 ( JJ{ef{S'CJN .A .=re of Dentist i( 6U 01. .Nq f-I-IU- .D /~E{'Yie and t7~~O Date submitted DEFENDANT'S i EXHIBIT . (1J CVs().N~ , Inventory of Concepts About Print A-mh([;~ Name Teacher OCT. 3- 0 Z090 Write in the date that the child demonstrates knowledge or control of the item. Example: 9/22 Author's name On the table, put a book that is familiar to the child. Ask him or her to pick it up and show you the items below. Example: "Show me the front cover. No~ show me the back cover." . / Front cover V Back cover V Title/Name of story ../Author'~ name Open to a page with some print and ask the child to show you each of the following: -.bop of page ~ A word ./ A capital letter ~ _ Bottom of page ./. _A letter VA lowercase letter / Say, "Where does it tell the reader what to say?" "Show me where the print starts and ends." ./" Understands that print holds the message -.:L. Turns pages from front to back ~nows correct directional movement (left to right) On a card, print a word that is repeated often in the book and show the card to the child. Say, "Show me this word on a page in the book." 1 Recognizes similarities in words . DEFENDANT'S 6 EXHIBIT 11 38 Assessment: Emetgent Uterocy in Kindergarten I: ~w Interview Assessment NOli, 0 1 2000 t J i 11 There are times during the year when you might like to take a "closer look" at a child's number sense and knowledge of number relationships by conducting an interview assessment. Ohen a one-on-one assessment is a helpful way of determining a child's knowledge in these areas, The suggestions below include ideas for materials to use and questions to ask during the interview. Some teachers find it convenient to put all the Number Sense materials into a box to make them accessible throughout the year. The interviews can be conducted during the fall, winter, or spring months, and anecdotal notes can be recorded on the child's Observation and Assessment Record. ~ cOncef)1i':or SkiIH~~., ~'~';-ri' -f"i~* .: ,,~....', ,.':'..... ..:. '. . , . ;t t" '. " ~. ~\ '-. ' '~:: 'it": ' .,.,',!l . Interview Task and Questions;\':t:o.;. "\\~.,~,.~:'"\ \:~~.~...,.~,,,~\:\,~,<~ ~}'. " ."'~':' h"_.~'~'~'::-~':,,",~_ ".';" ,.,... ~ ~" . .',,' .' ,.. - . '" : -" ., .--'' ~";,o '.- NSl r'''' none Ask: Please count I, 2, 3, 4, 5 and keep on going. NJ.f;) \~ Counts orally Go ahead. I to 10, 20,_ s ~O\ Circle or fill in the number to which child can count. NS2 20 cubes Display a group of ten cubes. I Counts with 1 to 1 Ask: Please count these to see how many there are. correspondence (If successful, try 20; if not, try 5.) to 5, 10, 20,_ Circle or fill in number for quantity counted correctly. NS9 l\O 1 0 blue cubes Display.a row of five blue cubes in 1 to 1 correspondence I I Conserves nUfbers to. 5, _ 10 red cubes with a row of five red cubes. I Y"~ to\.lWf . . . . . I i a a a a a I I Ask: Are there the same number of blue cubes as red cubes? ~ I If child says "yes," spread out the red cubes and repeat the, I I question. J Describe response in space for notes. If child conserves, ~ I try70r 10. I I Mix up 1-5 cards and place facedown. I NS10 Date Cards I i Reads f;erals 1, 2, 3, 4, 5, 6, 1-20 (TR1) Ask: Please turn over each card and tell me the number you , 7,8,9 10,11-20,_ see. Circle numerals named. If the child knows 1-5, try 6-10. I If child knows 1-10, try 11-20. I Say: I'm going to tell you a story I'd like you to act out using I , the cubes for stickers. You have 3 stickers and get 4 more. I I How many do you have? Note response. You have 8 stickers and give me 5. How many do you have? Note response. I You have 7 stickers and I have 3. How many more do. yau have? Note respanse. \" I Moth C....~ ............ NS IDe Compares and sequ numerals to S, 1 , G 1 Models/uses dir~ctional/positional words G2 Describes likenesses and differences in figures G3 Reeognizes and names figures in the environment G3 Recognizes and names figures in the environment t, f',J..: ~. bate Cards 1-10 (TR 1) Draw an enlarged version of the picture below. Use picture from assessment above models of 3.D solids Display 1-5 cards in random order. Ask: Can you show mea way to put these in order beginning with 1 ? (If successful, try 1-10.) Circle or fill in number for quantity counted correctly. Part One: Say: Let's look at this drawing. Point to the bottom figure. What can you tell me about it? Repeat question for figure at the top, middle, and to the side. How is the bottom figure different from the figure at the top? From the one in the middle? The one on the side? Tell me some ways the bottom and middle figures are alike. List positional words child understands and any descriptive attributes child uses in space for notes, for example, sides, corners, round, tall~r, shorter, and so on. Part Two: Look at this drawing. Say: Can you touch one of the figures and tell me its name? If yes, ask, are there others you can name? Repeat until child runs out of figures to name. Ask: Can you point out an example of a square in the classroom? A rectangle? A triangle? A circle? Draw a circle, square, rectangle, and triangle in the space for notes. Circle the figures named. Underline the figures recognized in the environment. Part One: Display cube, cylinder, and rectangular solid. Ask: Can you point to one of these solids and tell me its name 11f yes, ask if there are others they can name. Repeat. Ask: Can you point out an example of a rectangular box in the classroom, or by looking out the window? A cylinder? A cube? List solids in spaces for notes. Circle solids named and underline solids recognized in the environment Part Two: Put out a cube, rectangular solid, cylinder, and sphere. Say: Here's a plan for making a building using these wooden solids. Find the one you would put on the bottom and then finish the building, Tell me why you chose each block. Describe response in space for notes. How does child relate 2-D plain figures to faces of 3-D solids? (More than one interpretation may be possible.) Assessment Book . _I!t~ ...- ",. ii !: ji I I Ii II :1 ConceptS or Skill .... ',,~r" Mat" . 1 ".,"?' " . Interview Task and QuestionsY:;":~ I ,(.i',{,::; ena S'i,;' I .. . . ,.,,' .'" :~.:.., ,. . . ".". i '_ ,.'i~'r,:{::/;> I . ."'-' ' ....,,(..,"_._,....:..c.. '..;" .- ....,. P4 Class calendar Meet at the calendar and ask: What can you tell me about Identifies/descr~b !5t the pattern for this month? Do you see any patterns in the patterns A- r3 room or on someone's clothes? Note type of pattern and 411 ~ b "SZ attribute(s) that child utilizes in the space for notes. S2 A class graph Meet at a class graph. Say: Let's look at this graph. Tells about pictorial graphs Tell me one thing you notice from our graph. Tell me something else you notice. Now it's your turn to ask me some questions about the graph. Does the child tell how many, make comparisons and/or draw conclusions from the data? Note 2, 3, or_ columns. list samples of child's responses in space for notes. Ml Calendar Time Estimation Meet at the November display of feet. Hand the child three Compares/orders by materials in November, cutouts including child's foot cutout. Ask: Can you find the direct comparison: weights, December, and January. shortest foot? Which is the next shortest? Which is longest? capacities, lengths Which is your foot? Circle the word lengths if the child orders the feet successfully. Repeat in December ordering objects from lightest to heaviest. Repeat in January ordering containers holding the least to the most. PS 4 Tub of cubes Meet where the cubes are stored. Say: Please use both . ~ Uses Guess and Check hands and try to take about 10 cubes. How many did ! I to solve problems you get?_ Let's try again. How many this time? __ ! Observe if child appears to guess and check using first results to plan for the second try. (If 8 to 12 are grabbed, does the child try to grab about the same? If child gets below 8 or , more than 12, does child try to adjust?) Ask: How did your first try help with your next try? Describe responses in space for notes. Math Central. Kindergarten ~ 0" q -, '. u'., , LISA LYNNE HOKE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHAWN FRANKLIN MORRIS, Defendant 00-6409 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of November, 2000, pending the next hearing on December 8th, 2000, the temporary order of October 31, 2000, is modified. The mother shall have unsupervised temporary period of physical custody with Amber-Lynne Nicole and Alison Kara-Lynne starting on Friday December 1, 2000, at 1:00 p.m. and continuing through Sunday December 3, 2000, at 6:00 p.m. The mother shall pick up and return the child, and father and his mother shall cooperate without incident in transfer. The mother and anyone living in her house shall refrain from the use of any alcoholic beverages or any illegal drugs during the entire period of this temporary Jacqueline M. Verney, For the Defendant \ ' j' ~4"14.a'PI,p~ Esquire /.2-I-tXJ r" Heather M. Faust, Esquire For the Plaintiff It II "'I ~ -,< , ,......,.-' l "~ -, .~ f!LED-OfF!CE (j"^' "I', :1"" -'('''\'1''''''' - ',,1' ',-- ''.c ",." '~d0. Tj'RY <" ,-.,' 1. ,-____'. y~) , ...\ 00 NOV 30 PH 3: '3 CUMBEHLANO COUNTY PENNSYLVANIA ,."" ,,",,~~!~f!IJi~a.~~'1l'~fJ!'~MI'II_~~'liffil~_, _", _ r~, LISA LYNNE HOKE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHAWN FRANKLIN MORRIS, Defendant NO. 00-6409 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of December, 2000, the mother shall have temporary physical custody of Amber and Alison from noon on Saturday, December 9th, through 6:00 p.m. on Sunday, December 10th. \ Edgar B. Bayley, J. Sheriff L~ J:1.- /:< -00 R~~ Heather M. Faust, Esquire For Plaintiff Jacqueline M. Verney, Esquire For Defendant prs I I ~ ,'. . .~""" -~ ~ -.~, - -- ,~..,.,.,.~. ~,,~~~ _', ~_d >._^.,>->_~ '-'-"'-'__ "',h'," """1I""1nr h" """'''Y'''j'''' ~ ' (\;'t\C't-~ hf-\i ):\\}S-r.::~~\., ,.,~:-{j\ t:l,J '1"\'; :-, ,., ,- '~ ("..C "' ~ v" "f.,,~ \\: ?v \ ') \-, \ t\1'tC ~ . !J W .._, "0\.)\--\1'1 C\jW\8c:~~::K~f;i-\\h ?'b~\~" ~,~4~~~'-'!~I'!l'>WlI!W1W:"_'&:1F"'jjR.!11I'!_~~"~~,_.",,,,,, , ~- ,~"'" - ,-, --',- ~ . .. LISA LYNNE HOKE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHAWN FRANKLIN MORRIS, DEFENDANT 00-6409 CIVIL TERM ORDER OF COURT AND NOW, this _\ l -h day of December, 2000, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Lisa Lynne Hoke and Shawn Franklin Morris shall have joint legal custody of Amber-Lynne Nicole Morris, born December 20,1994, and Alison Kara-Lynne Morris, born September 14,1996. (3) Between now and December 30, 2000, the mother shall have the children: (a) from after school on Friday, December 15th until Sunday, December 17th at 6:00 p.m., and (b) from 3:00 p.m. Christmas Day until 6:00 p.m. December 26th. (4) Starting at noon Saturday, December 30, 2000, the mother shall have primary physical custody of the children.1 1 At the present time, the paternal grandmother, Loretta Madenfort, is the primary caretaker of Amber-Lynne and Alison. The father does not independently have the ability to care for the children. The mother has experienced substantial instability in her life, including much of the time she was with the father. However, her situation has dramatically improved. She is now in a stable relationship with James Evans, and she is not working outside of the home. While her residence will be crowded with the addition of Amber-Lynne and Alison, she has the present ability to care for the girls. Under these circumstances, we are satisfied that the best interest of the children is for them to be in the primary care of their mother. I I "_n <,',', '" I_.~~-,-, . '~ (5) Starting on Friday, January 12, 2001, the father shall have temporary physical custody of the children:2 (a) Every other Friday from 5:00 p.m. until Sunday at 6:00 p.m. If a school holiday falls on Monday, the weekend shall be extended to Monday at 6:00 p.m. (b) During each summer, starting at 6:00 p.m. on the first Sunday after the summer school vacation begins, for two consecutive weeks ending on Sunday at 6:00 p.m. The mother shall then have the children for the next two weeks. Thereafter, the parents shall alternate two-week periods for the remaining summer school vacation period. (c) Each Thanksgiving, from noon the day after Thanksgiving until 6:00 p.m. the day before school begins. (The mother shall always have the children on Thanksgiving Day.) (d) Each Christmas, from 3:00 p.m. on Christmas Day until noon on December 30th. (The mother shall always have the children on Christmas Eve until 3:00 p.m. on Christmas Day.) (6) Neither the mother nor father shall drink alcohol or use or have in their possession any illegal drugs while the children are in their care. \ ~.~)~ t ~\" 2 We have provided these periods of temporary physical custody with the father that we are hopeful he will always exercise. I I '''I .- ~ , I t , ~ I " !i I'~ , " "~ ~- , ~.\-\:\(:E F.\I:~~:~>f~\ 1,('~\\~C)\~'( en: Q 1; \ '2. ~\\ i \: ~ ~ GU Il's. . ,_" . ",!) couN Ii C\J\'!.~~~\.\S~i)i I\~\I\ ^ ~ ^ -" ~",~-,- ...... _JI!!I!IIiI~om~""'!S,'~"1,~,,,,,',*lI~~H~ "' .!}.&V'jIlr ,-",,'., " , , "~ " = ... ... Heather M. Faust, Esquire For Lisa Lynn Hoke Jacqueline M. Verney, Esquire For Sean Franklin Morris :saa I I