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HomeMy WebLinkAbout08-0082 THOMAS B. MORRISON, Plaintiff vs. KELLY A. MORRISON, Defendant 1. Plaintiff is Thomas B. Morrison, who currently resides at 191 South Locust Point Road, Mechanicsburg, Pa. 17055. 2. Defendant is Kelly A. Morrison, whose current address is P.O. Box 1381 Mechanicsburg, Pa. 17055. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Krystal A. Morrison 8/5/94 (13) P.O. Box 1381 Mechanicsburg, Pa. 17055 Mother and Father married on April 22, 1995 and separated on November 27, 2007. Mother currently has primary physical custody of the child. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 68 - 8t2,.- Civil Term ACTION IN CUSTODY CUSTODY COMPLAINT During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Thomas B. Morrison Kelly A. Morrison 191 South Locust Point Rd Mechanicsburg, Pa. 17055 2002 - 11/27/07 Kelly A. Morrison P.O. Box 1381 11/27/07 - present. Mechanicsburg, Pa. 17055 The mother of the child is Kelly A. Morrison. She currently resides in Mechanicsburg. Her physical address is unknown. She is married to Thomas B. Morrison. The father the child is Thomas B. Morrison. He currently resides at 191 South Locust Point Road, Mechanicsburg, Pa. 17055. He is married to Kelly A. Morrison. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides alone. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with the child. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated in November 2007, when Mother left the marital home with the child. Father is seeking a custod Order which would provide him with liberal periods of partial custody. Such request would be in the best interest of the child because it would ensure that the child has re ular contact with both parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Date: /s/o 0- Ily s Ja Adams, Esquire .1-1. No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 676 omas B. Morriss Plaintiff y w c Cz ? C O 'rn _ u1 THOMAS B. MORRISON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KELLY A. MORRISON DEFENDANT 2008-0082 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, January 11, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, February. 11, 2008 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 6; 171 7 :"i Pj £I 1 i`. r t519 ? n THOMAS B. MORRISON, Plaintiff vs. KELLY A. MORRISON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 82 Civil Term : ACTION IN CUSTODY STIPULATION AND CUSTODY AGREEMENT 4u day This Stipulation and Custody Agreement is made this i ` of V419V-L.1041 ,2008, by and between Kelly A. Morrison, (Hereinafter referred to as r "Mother"), of Mechanicsburg, Cumberland County, Pennsylvania, and Thomas B. Morrison, (Hereinafter referred to as "Father"), of Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Krystal Ann Morrison, born 8/5/94; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have liberal periods of partial custody with the child as mutually agreed by the parties. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose i Y care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Jam s R. D mmel, Esquire 4431 ont St. Harrisburg, Pa. 17110-1741 (717) 234-2401 Attorney for Mother 4 Q J e Adams, Esquire Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Father Kelly A. M ison, Mother Date: g 7/0 Y homas B. Morrison, F their Date: - ?y- ©? C) O 'i -Tj 4 GJ FE B 2 0 2008 THOMAS B. MORRISON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2008 - 82 Civil Term KELLY A. MORRISON, ACTION IN CUSTODY Defendant ORDER AND NOW, this Z,2--day of , 2008, having reviewed the attached agreement between the parties, it is hereby O DERED and DECREED that the stipulation entered by the parties on February 14, 2008, shall be entered as an Order of Court. cc: VJames Demmel, Esquire, for mott ?Jane Adams, Esquire, for father l?D t •F_.S' ?'ri?.? lam-, P 'rtL 30 FEB g 0 2008pf ? THOMAS B. MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-0082 CIVIL ACTION - LAW KELLY A. MORRISON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 20th day of February, 2008, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ?- V Jac eline M. Verney, Esquire, Cust y Conciliator