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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. rr/r f/rz .2003 f~1itt fJ Br~~~ Paullette A. Bansemer ,2003 f:!&o~a~~ ): ~{\ J - .L ~ ~ 0 ~ '- .() -. ~ ~ '0 lJ., 0 ( , () ,- .. 1 .~ ~ I - [i " ') -- I -, -' (, - l:.o:.. - ..) , , " n -i) . 0 -<. 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 ~ ~;/- ~ rP';/ Mp -$ ~ ~~jt, k fp % r"'~',ri \--.fI'" /'-- JIi'\:\,'/,;:)..C/\ll,I:Jd ,ur\::"";;--/-, ,-'~-~.~-;.:::I,::::\:(y) 0-:::" ;;' 'j, l J f:o- el.~ @e/~ @-ell 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 J</ 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. ~~~/&' 11fl,..,k 1.5a-n /Ja~ A. PAULLETTE BANSEMER (SEAL) (SEAL) .U.-A- (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. ~~~L/J1~ / Notary Public (SEAL) Notarial Seal Susan C. Plank, Notary Public Logan Twp" Blair County My Commi..ion Bxpi"" July 3. 2006 Member, PennsylV8nlaAssOClatlon ofNofarle. o ~~ ""t'(~~ n1r" -'". ~ 6> -< r-' <: ....> ."' "'-~I- , '""-(-. :i"c: :z =2 , . C":! (,d ':) ','1 ;1 -'!} 'r' - ]l':~~ \:'::~~1; ."'1"1 "5::0 -,-0 ~:jrn <~ ~J -< .,. ;.:..... G::; r'0 (Xl 5: l.D :.n 0'> 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 -0 ,-- " ~~\;. ~ r-.: ::'. <- -"I: ,:..;.:;;. Cl "" o '1 v. : NO. 03- 3875 CIVIL CECELlA M. MORGAN, Defendant ,I':; PETITION TO AMEND ACTION TO INCLUDE ADDITIONAL PARTY ..,- :..~) :n CJ ~_:' '"j - :; (~) . ~r'i c" ) >"') ~fn -;:.~ :.1J -< ~~. ~ :to, =2 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. (/ (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 be: :cc !-~ lJ.JQ ~?-~--' (~) ~ t~j ~:.; Ei~ ~l: t~ . U- o c.> tr. M x: a... o ""7 'S~ l~~~Z :._1;,::( 3 (J) ,.1~5 ~-~CL ::s o L{") I 0- W (/l (-, C) . 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. J. ~o o V'\1'.\\IJ'\VSNN3d IJ}\\\CC r,'C'-',DtJ'fI,\\'J \3 \) : \ \ ~l'\l 8 - cDS ~,() ~'cN J'~iJ\~:';}:\;,j , jO 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 y-V; 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 0 '..-' (:J ~ C.') -',-1 :0 '""t1 " "'~l n I ~; ";J , 2: _.~- I [75 , .:;~) -< ,- " "~-., .::', , ~. .. '..) . --I 0, )J u.; ay o ~t1 /1,/ (11,0 Plaintiff In The Court of Connon Pleas of Cumberland SAid,', Shutf' , . J"~ 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.) .j . Arbitrator, dissents. (Insert name if applicable.) Date ofHe3):i6.g: DatepfAward: JilL.... /Y\. t::f:lk,'.., .. (Chairman) &"i\f~ bl( ..~~~ ........."'~"'".'..~.. ~ 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 Q, ~'"" me tn :<;1,q -- 1?\<?, v.> 4: ~ ~'o """ '>/rn :;: C5 ,,,-\ 'Z: a. C2 <;"" ~ $ <-- c; ~~ 0) .' "'" "'- c ~ ~