HomeMy WebLinkAbout03-3875
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243.6090
ATTORNEY FOR PLAINTIFF
RONALD E. MORGAN, .JR. and,
A. PAULLETTE BANSEMER,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 03-::I~7JCIVIL
CECELlA M. MORGAN,
Defendant
: IN CUSTODY
COMPLAINT FOR CUSTODY
NOW, come the plaintiffs, Ronald E. Morgan, Jr. and A. Paullette Bansemer, by
their attorney, Nathan C. Wolf, Esquire, and present the following complaint for custody,
representing as follows:
1. The plaintiff is Ronald E. Morgan, Jr., the natural father of the children who are
the subjects of this action (hereinafter referred to as "Father"), an adult individual residing
at 440 Shippensburg Road, Newville, Cumberland County, Pennsylvania 17241.
2. The plaintiff is A. Paullette Bansemer, the paternal grandmother of the children
who are the subjects of this action (hereinafter referred to as "Grandmother"), an adult
individual residing at 440 Shippensburg RO,ad, Newville, Cumberland County,
Pennsylvania 17241.
3. The defendant is Cecelia M. Morgan, the natural mother of the children who are
the subjects of this action (hereinafter referred to as "Mother"), an adult individual residing
at 211 First Avenue, Lakemont, Blair County, Pennsylvania, 16602.
4. Plaintiff Grandmother seeks primary physical custody of the following children:
Name Present Residence Aqe
Krystle Paulette Morgan
211 First Avenue
Lakemont, PA 16602
15 years
D.O.B.5/28/1988
Kaitlin Rose Morgan
211 First Avenue
Lakemont, PA 16602
7 years, 11 months
D.O.B.8/13/1996
5, Plaintiff Father and Defendant Mother are the natural parents of the child.
6. The child was born during the marriage of the natural parents.
7. The children are presently in the temporary custody of Father and Grandmother
since June of 2003 with the permission of Mother but previously the children resided with
the following parties for the following specified periods:
a. With Father and Mother between the time of their birth and approximately 3
years after the youngest child was born, when the natural parents separated.
b. With Mother and with Mother's boyfriend, Ed Sipes (hereinafter "Sipes") for
two years following the divorce of the natural parents.
c, With Mother having primary custody of the children and father having periods
of partial physical custody and visitation since the divorce of the parties.
d. With Father and Grandmother from June, 2003 until the present.
8. The natural parents were married, but were divorced by a decree entered in the
Blair County Court of Common Pleas, on May 30, 2000, at docket no. 99 GN 6484.
9. The mother of the children is currently unmarried.
10. The father of the children is currently unmarried.
11. Plaintiffs have no information of any other custody proceeding concerning the
children pending in a court of this Commonwealth or any other state.
12. Plaintiffs 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.
13. The best interests and permanent welfare of the children will be served by
granting the relief requested herein becausl3 Mother has engaged in an ongoing
relationship with Sipes since 2000.
14, In 2002, Mother and the children had resided with Sipes for approximately two
years, when Mother broke off her relationship with Sipes after she had discovered that
Sipes had been viewing pornographic materials on the internet which featured explicit
photographs of young girls. Mother relayed that she did not trust Sipes around the
children and therefore she and the children moved out of Sipes' residence.
15. After a period of approximately six months, Mother and Sipes resumed their
relationship, and while Sipes maintained his own residence, he would frequently spend
nights at Mother's house with the children present.
16. Sometime in late April or early May, Sipes was in the home with the older child,
Krystle, when he grabbed her as she walked by him and began trying to fondle her in her
genital area and on her chest. The child was able to pull herself from Sipes' grip and
immediately went to her bedroom, where she remained until Mother returned to the home.
17. The child did not report the incident until weeks later upon fear that both no
one would believe her and that she would be the target of retaliatory conduct on the part
of Sipes or Mother.
18. The child did ultimately report the incident to other adults who, in turn, made a
reporting to Children and Youth Services.
19. When informed of these facts, Mother's response was to accuse the child of
fabricating or, at least, exaggerating, her description of Sipes' actions and refused to
support her daughter in pursuing action against Sipes.
20. Upon information and belief, Children and Youth Services has conducted an
investigation and has determined that this report is indicated for abuse and there are
potential criminal charges now pending.
21. Plaintiffs believe and therefore aver that it is in the children's best interests to
protect them from the environment in which this activity was permitted to occur and to
prevent such incidents from occurring in the future.
22. Mother has effectively permitted the children to be exposed to an individual who
has illustrated that he presents & significant threat to the best interests and permanent
welfare of the children.
23. Grandmother and Father are ready, willing and able to provide for the support,
care and maintenance and emotional needs of the children for the children's entire life.
24. Grandmother and Father can provide sufficient means to care for the welfare
of the children.
25. Grandmother has been married to Robert A. Sansemer for years, has a stable
home, is in excellent physical condition and believes that the children's best interests
would be served by awarding primary physical custody of the child to her.
26. Father, who seeks to have a meaningful relationship with the children, concurs
that Grandmother is well-suited to provide an appropriate environment for the children and
seeks an award of partial physical custody and visitation with the children.
27. Plaintiffs will encourage and facilitate contact between the children and their
other relatives, so that they might have meaningful relationships with the children.
28. The older child, who is nearly fifteen, has expressed a strong desire to have the
court award primary physical custody to her maternal Grandmother.
29. Plaintiff Grandmother believes that the best interests of the children would be
best served by an award of primary physical custody, plaintiff also believes that the
children must continue to have a relationship with the Mother, which she will encourage
and facilitate with all reasonable efforts, conditioned only upon Mother's agreement to
prevent Sipes from having contact with the children and therefore agrees that under those
circumstances, Mother should be permitted reasonable visitation and contact with the
children.
30. Plaintiffs, however, fear that without an Order of Court regarding custody,
granting primary custody to Grandmother, that the defendant will again permit the children
to be exposed to Sipes who may again attempt to make sexual advantage upon either or
both of the children, and moreover, that defendant would cut-off contact between the
children and Plaintiffs as retaliation for pursuing this custody action.
31, Entering an order granting temporary primary physical custody will permit the
full adjudication of this matter, and will protect the children from suffering negative
repercussions of reporting these incidents to other adults.
WHEREFORE, Plaintiffs, Ronald E. Morgan, Jr. and A. Paullette Bansemer,
respectfully request that this Honorable Court enter an order providing joint legal custody
of the children between all parties and that the children's paternal grandmother, A.
Paullette Bansemer, have primary physical custody of the children with father, Ronald E.
Morgan, Jr. having rights to visitation and partial physical custody of the children.
Furthermore, for the reasons set forth herein, Plaintiffs respectfully request that this
Honorable Court enter a temporary Order that prohibits Mother from removing the children
from the primary custody of Plaintiffs pending hearing, conciliation or further Order of
Court. Finally, the Plaintiffs request that this Court schedule an expedited conciliation or
hearing in this matter, as it deems appropriate, so that the children can be enrolled in the
proper school for the upcoming academic year.
Respectfully submitted,
August 0', 2003
VERIFICATION
We, the undersigned. hereby verify that we are the plaintiffs in this action and
that the facts stated in the above petition are true and correct to the best of our
knowledge and belief. We understand that false statements herein are made subject to
the penalties of 18 Pa. c.s. 34904, relating to unsworn falsification to authorities.
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RONALD E, MORGAN, JR, AND A.
PAULLETIE BANSEMER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
03-3875 CIVIL ACTION LAW
CECELlA M, MORGAN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, August 11, 2003 _, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 05, 2003 at 8:30 AM
for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to 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 he 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 coneiliator 48 hours prior to scheduled hearinj!.
FOR THE COURT.
By: Isl
Hubert X. Gilroy, Esq. rJ
Custody Conciliator
The CO\lrt 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, AU 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,
Cumherland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-8090
ATTORNEY FOR PLAINTIFF
RONALD E. MORGAN, JR. and,
A. PAULLETTE BANSEMER,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 03- 3875 CIVIL
CECELlA M. MORGAN,
Defendant
: IN CUSTODY
STIPULATION AND AGREEMENT
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THIS STIPULATION AND AGREEMENT entered into this Z~ day of
kGI.!ST ,2003, by and between RONALD E. MORGAN, JR. (hereinafter referred to as
"Father"), A. PAULLETTE BANSEMER (hereinafter referred to as "Grandmother") and
CECEUA M. MORGAN (hereinafter referred to as "Mother").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the Father and Mother are the natural parents of two (2) children,
namely, Krystle Paulette Morgan (Age 15 years) and Kaitlin Rose Morgan (Age 7
years); and,
WHEREAS, the parties wish to enter into an agreement relative to the custody,
partial custody, and support of the children.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties
hereto agree as follows:
1. The Mother, and the Paternal Grandparents (namely, A. Paullette
Bansemer and Robert Bansemer and hereinafter referred to as "Grandparents"
collectively) shall have shared legal custody of the children.
2. The Grandparents shall have primary physical custody of the children.
3. The Father shall have partial physical custody of the children by mutual
agreement with Grandparents as arranged from time to time.
4. The Mother shall have partial physical custody of the children at such
times as set forth herein or as otherwise mutually agreed by the parties:
A. Mother shall have times of visitation with the children in
Cumberland County after providing Grandparents with at least twenty-four (24)
hours notice;
B. Mother shall have partial custody of the children over the
Thanksgiving, Christmas and Easter holidays in accordance with a schedule to
be agreed upon by the parties;
C. At no time shall Mother permit the children to be in the presence of
Edward Sipes, even if she is present along with the children;
D. Mother shall be permitted additional vacation time with the children
over the summer vacation from school, but shall provide at least thirty days (30)
notice to Grandparents of any extended periods of visitation longer than one (1)
week;
E. In the event that Grandparents desire to take the children on any
vacation longer than one (1) week that is not in Cumberland County,
Pennsylvania, they shall be required to provide Mother with at least thirty (30)
days notice.
5. Both parties shall have reasonable telephone contact with the children
while the children are in the other's custody.
6. Transportation of the children shall be the shared responsibility of both
parties and shall be arranged by mutual agreement from time to time.
7. Both parties shall keep the other advised immediately relative to any
emergencies concerning the children and shall further take any necessary steps to
insure that the health, welfare and well being of the children is protected.
8. The parties shall do nothing that may estrange the children from each
other or hinder the natural development of the children's love or affection for the other
party,
9. Any modification or waiver of any of the provisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
10. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
11. The parties desire that this agreement be made an order of Court through
the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County has jurisdiction over the issue of
custody of the parties' minor children and shall retain such jurisdiction should
circumstances change and either party desire further or require further modification of
said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein set forth.
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A. PAULLETTE BANSEMER
(SEAL)
(SEAL)
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(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS:
On this, the ~S day ~"d , 2003, before, the undersigned officer,
appeared Ronald E. Morgan, Jr., known to me (or satisfactorily proven) to be the same
person whose name is subscribed to the within instrument, and acknowledged that she
executed this agreement for the purposes ~herein contained.
IN WITNESS WHEREOF, I hereunto set
(SEAL)
NOTARiAl SEAL ~
TAMMY SUE HELMAN, Notary Public
Chambersburg, Franklin County
My Commission Expires Oct 31, 2005
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
On this, the ){,
day of t!(lc,UST ,2003, before, the undersigned officer,
appeared A. Paullette Bansemer, known to me (or satisfactorily proven) to be the same
person whose name is subscribed to the within instrument, and acknowledged that she
executed this agreement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto
(SEAL)
NOTARIAL SEAL
\ HAROLD $,IRWlN, III, NOTARY PUBLIC
CARLISLE BOROUGH, COUNTY OF CUMBERLAND
MY COMMISSION EXPIRES OCTOBER 22, 2006
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF BLAIR
On this, the ate ~ day o~ ' 2003, before, the undersigned officer,
appeared Cecelia M. Morgan, known to me (or satisfactorily proven) to be the same
person whose name is subscribed to the within instrument, and acknowledged that she
executed this agreement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Public
(SEAL)
Notarial Seal
Susan C. Plank, Notary Public
Logan Twp" Blair County
My Commi..ion Bxpi"" July 3. 2006
Member, PennsylV8nlaAssOClatlon ofNofarle.
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
64 SOUTH PITT STREET
CARLISLE PA 17013-3220
(717) 243-6090
ATTORNEY FOR PLAINTIFFS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
RONALD E. MORGAN, JR. and,
A. PAULLETTE BANSEMER,
Plaintiffs
: CIVIL ACTION - LAW
: IN CUSTODY
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: NO. 03- 3875 CIVIL
CECELlA M. MORGAN,
Defendant
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PETITION TO AMEND ACTION TO INCLUDE
ADDITIONAL PARTY
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AND NOW comes the petitioner, Robert Bansemer, through his attorney, Nathan
C. Wolf, Esquire and presents this petition to amend to include an additional party,
averring as follows:
1. Petitioner is the paternal Step-Grandfather of the children who are the
subjects of the instant action.
2. Petitioner is married to Plaintiff, A. Paullette Bansemer, and has been
married to her for more than 18 years.
3, Petitioner was not, however, a named party in the initial action filed by the
plaintiffs.
4. Petitioner is identified within the :stipulated agreement presented to the Court
that provides that he and the paternal grandmother shall share legal and
primary physical custody.
5. Petitioner now seeks to be permitted to be added to the docket and caption
for this matter and to be a named plaintiff in the action.
6. Petitioner concurs with the provisions of the stipulated agreement, agrees to
abide its requirements and obligations and seeks that the agreement be
entered as an Order of Court.
7. All other parties have previously signed the aforementioned stipulation that
provides petitioner with the legal and physical custody rights to the children.
WHEREFORE, Petitioner Robert A. Bansemer respectfully requests that this Honorable
Court grant the foregoing petition and permit the caption and docket to be amended in
this matter to add the petitioner as a plaintiff in this action, Furthermore, petitioner asks
that this Honorable Court accept the stipulated agreement presented with the
signatures of each of the other named parties and incorporate the provisions of the
same into an Order of Court establishing the parties' respective rights to custody as
described therein.
Respectfully submitted,
September s.. 2003
OLF, ESQUIRE
Att ey for Plaintiffs
- RWIN LAW OFFICE
64 South Pitt Street
Carlisle, Pennsylvania 17013-3220
(717) 243-6090
Supreme Court 1.0. No. 87380
VERIFICATION AND
CONFIRMATION OF AGREEMENT
I, Robert A. Bansemer, do hereby verify that the acts set forth in this petition are
true and correct to the best of my knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to
unsworn falsification to authorities. Furthermore, by the execution of this Confirmation,
I do unequivocally express my voluntary agreement to the amicable custody
arrangement provided above and request that the terms thereof be entered as an Order
of Court without the necessity of a custody conciliation, hearing or other proceeding.
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(SEAL)
WITNESSETH:
A. BANSEMER
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
On this, the 9"'- day Of)"p ~03, before, the undersigned officer,
appeared Robert A, Bansemer, known to me (or satisfactorily proven) to be the same
person whose name is subscribed to the within instrument, and acknowledged that she
executed this agreement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set y hand and official seal.
NOTARIAL SEAL ~
I HAROLD S,/RWlN.III, NOTARY PUBLIC
CARLISLE BOROUGH, COUNTY OF CUMBER, LAND
~ COMMISSION EXPIRES OCTOBER 22, 2006
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RONALD E. MORGAN, .JR. and,
A. PAULLETTE BANSEMER,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 03- 3875 CIVIL
CECELlA M. MORGAN,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, this 8"" day of ~03, upon presentation and
consideration of the attached petition, the petitioner, Robert A, Bansemer, is hereby
made a party to this action and the docket and caption may be amended to reflect the
addition of the petitioner as a plaintiff, Furthermore, the Stipulation and Agreement and
upon agreement of all of the parties, it is hereby ordered and decreed that the
agreement shall be made an Order of Court.
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SEP 1 7 Z003 ~
RONALD E. MORGAN, JR. and
A. PAULETTE BANSEMER,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAN)) COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
CECELIA M. MORGAN,
Defendant
NO. 2003 - 387S CIVIL
IN CUSTODY
COURT ORDER
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AND NOW, this 1(; day of September, 2003, the conciliator being advised the parties
have reached an agreement, the conciliator relinquishes jurisdiction.
BY TIlE COURT,
atI-'O )
Hubert X. Gilroy
Custody Conciliator
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Plaintiff
In The Court of Connon Pleas of Cumberland
SAid,', Shutf'
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County, Pennsylvania No. {) 'I -.3 J 15"
P'/OivU' /./NdS'I1J
Defendant Civil Action - Law,
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Connonwealth and that we will discharge the duties of our office
with fidelity.
Signature Signature Signature
Jo),,,, /VI. En/(;~,E'1' Name Name
Name (Chairman)
Law Firm Law Finn Law Firm
rnFl~j(,J-- SJU4. fC 13~,;el,;'1
Address Address Address
m u.h I/IV /e-s j, /, "'1 r2.11o-f.(
City, Zip' City, Zip City, Zip
b / Dr G, (. Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
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. Arbitrator, dissents. (Insert name if applicable.)
Date ofHe3):i6.g:
DatepfAward:
JilL.... /Y\. t::f:lk,'..,
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(Chairman)
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Now, the day of , 20 , at , ,M" the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys,
Notice of Entry of Award
Arbitrators' compensation to be paid upon appeal: $
By:
Deputy
Prothonotary
.
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 04-3875 CIVIL TERM
HENRY D. TRAIN, M.D.,
SAIDIS, SHUFF, FLOWER &
LINDSAY
V.
RICHARD P. MISLlTSKY
IN RE: ARBITRATION
ORDER OF COURT
AND NOW, June 13, 2005, the Court having been informed that the
above-captioned case has been settled prior to hearing, the panel of
arbitrators previously appointed is vacated, and John M. Eakin, Esquire,
Chairman of the Arbitration Panel, shall be paid the sum of $50.00.
By the Court,
J.
John M. Eakin, Esquire j'Jo7ll.. .
Market Square Building .~.~ . {,,13 os
Mechanicsburg, PA 17055 (j-,
Court Administrator
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