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HomeMy WebLinkAbout04-0619Deborah Michele Morton, Plaintiff VS. Dale Earnest Morton, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - c;/g CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Deborah Morton. Plaintiff's permanent residence is Confidential. 2. The defendant is Dale Earnest Morton, residing at 16 Mountain View Terrace, Newville, PA 17241. 3. The plaintiffseeks custody of the minor child: Name Present Residence Age Ryan Tyler Morton Confidential 2-26-95 Age 8 The child is presently in the custody of the Plaintiff, who is the biological mother. During the child's lifetime, the child has lived with the mother from birth to two months. From two months until February 1, 2004, the child has lived with both his biological parents. 4. The 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. 5. The plaintiffhas no information ora custody proceeding concerning the child pending in a court of this Commonwealth. 6. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has provided for the child's emotional, physical, educational, and medical needs including establishing a stable home environment for child, and she can continue to provide for the child. b) The mother's family can contribute to the well being of the child. c) The mother is the parent who can best facilitate any interaction between the child and the defendant. d) The defendant has not acted in the best interest of the child in ways including but not limited to the following: i) The defendant has abused the plaintiff in the presence of the child and is presently the defendant in a Protection From Abuse action, Civil Action No. 04-542, filed in Cumberland County on February 5, 2004. ii) The defendant has violated the terms of a Temporary Protection From Abuse Order signed by Judge Holler on February 6, 2004. iii) The defendant repeatedly threatens to snatch the child and keep the child permanently away from the Plaintiff. iv) The defendant took the minor child from the mother on Sunday February 1, 2004, while she was at a neighbor's house calling the police about the incident that led to the filing of the Protection From Abuse Order. The defendant brought the child back to the house after talking with police officers. v) The mother fears that without a custody order in place, the defendant will continue to intimidate her and manipulate the child in order to re-establish a relationship with her. 8. Without the action of the court, the mother and the child are in danger of irreparable hartn. 9. The mother requests that the court order the following: a. Grant her primary physical and legal custody of the child. b. Enjoin the defendant from removing the child from Cumberland County, Pennsylvania. c. Grant the defendant the defendant periods of temporary custody on alternating weekends, beginning Saturday, February 14, 2004 at 4:00p.m. until Sunday February 15, 2004 at 6:00p.m. until a custody conciliation can be scheduled. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant her primary physical and legal custody of the child. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, 'Je~ ~-- Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Plaintiff, Deborah Morton, verifies that the statements made in the above Complaint for Custody are true and correct. Plaintiffunderstands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: o2-q-o'-/ ~'~,9.x~4.~ l)h. ~'-~n Deborah Morton, Plaintiff Deborah Michele Morton, VS. Dale Earnest Morton Jr., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Dale Earnest Morton Jr., with a Complaint For Custody on ~2r~ /Z.-.-~, 2004 by certified mail, return receipt, restricted delivery, to the person and address below: Dale Morton Jr. 16 Mountain View Terrace Newville, PA 17241 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Deborah Michele Morton, Plaintiff Dale Earnest Morton Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- 0[P~q CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Deborah Michele Morton, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis, certify that ! believe the party is unable to pay the costs and that I am providing free legal services to the party. Attomey for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 DEBORAH MICHELE MORTON, : Plaintiff : DALE EARNEST MORTON JR., : Defendant : IN THE COURT OF COMMON PLEAS OF Ct~mE~X~,~ Corn, try No. 04- ~/§ CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Deborah Morton, by and through her counsel, Jessica Diamondstone of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who resides at a confidential address. 2. Respondent is the above-named Defendant, who resides at 16 Mountain View Terrace, Newville, PA 17241. 3. The above-named Petitioner is the natural mother of Ryan Tyler Morton, born February 26, 1995. The above-named Respondent is the biological father of Ryan Tyler Morton. 4. The mother and the defendant resided together with thc child until February 1, 2004, when the mother moved to her current home in order to end her relationship with defendant. 5. The defendant took the child from the mother on Sunday February 1, 2004, while she was at a neighbor's house calling the police about the incident that led to filing the Protection From Abuse Order. The defendant returned the child after speaking with the police. The defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a) The defendant has abused the plaintiff in the presence of the child and is presently the defendant in a Protection From Abuse action, Civil Action No. 04-542, filed in Cumberland County on February 5, 2004. b) The defendant has violated the terms of a Temporary Protection From Abuse Order signed by Judge Hoffer on February 6, 2004. c) The defendant repeatedly threatens to snatch the child and keep the child permanently away from Plaintiff. d) The defendant took the child from the mother on Sunday, February 1, 2004, while she was at a neighbor's house calling the police about the incident that led to the filing of the Protection From Abuse Order. Defendant returned the child after speaking with the police. e) The mother fears that without a custody order in place, the defendant will continue to intimidate her and manipulate the child in order to re-establish a relationship with her. f) Throughout their relationship, the defendant was abusive and controlling towards the mother, and this behavior does not create a healthy environment for the child. 7. The mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a) The mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs. b) The mother is working with the Halifax Area School District to provide for Ryan's special education needs. c) Since the child's birth, the mother is the person who has provided for the daily needs of the child and is the person most capable of monitoring and caring for Ryan. d) The mother can best facilitate and maintain any contact between the child and the defendant. e) The mother requests that the Court grant primary physical and legal custody of the child to her and grant the defendant supervised visitation with the child. 8. Without this Court's intervention, the mother and child are at risk of irreparable harm by being denied contact with each other. 9. Defendant is represented by Attorney Mark Bayley. Plaintiff's counsel has contacted Defendant's counsel, and he is in concurrence with the relief requested in the attached petition. WHEREFORE, Petitioner respectfully requests the following: i) Deborah Michele Morton shall have primary physical custody of the child. ii) The custodial rights of Dale Morton Jr., shall be limited to periods of temporary custody on alternating weekends, beginning Saturday, February 14, 2004 at 4:00p.m. until Sunday February 15, 2004 at 6:00p.m. until a custody conciliation can be scheduled. iii) The defendant is prohibited from removing the child from Cumberland County, Pennsylvania. iv) Petitioner also requests any other relief this court deems just and proper. R~tted, Jes si~f~)iamondstone Attorney for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Deborah Morton, verifies that the statements made in the above Petition for Special Relief are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Deborah Morton, Plaintiff Deborah Michele Morton, Plaintiff PENNSYLVANIA VS. Dale Earnest Morton Jr., Defendant : IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, : NO. 04-~/~CIVIL TERM : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Dale Earnest Morton Jr., with a Petition for Special Relief on ~ ,~ 2 / (7~ ,2004 by certified mail, return receipt, restricted delivery, to the person and address below: Dale Earnest Morton Jr. 16 Mountain View Terrace Newville, PA 17241 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: c~]]~l ~ Signature: Deborah Michele Morton, VS. Dale Earnest Morton Jr., Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- ~0 t'~ CIVIL TERM : CUSTODY ORDER OF COURT AND NOW, this :3 day of /ce.6~ % 20o ~/, upon consideration of the Petition For Special Relief, the following order is entered: ! 1. The plaintiff shall have primary physical and legal custody of the child. 2~nt sh~_!! be e-;,,;,,~l--r-~c~'"--~ · '.~ ~om C'_'m~dand That the Court grant the defendant periods of temporary custody on alternating weekends, beginning Saturday, February 14, 2004 at 4:00p.m. until Sunday February 15, 2004 at 6:00p.m. until a custody conciliation can be scheduled. 4. Plaintiff also requests any other relief this court deems just and proper. Jessica Diamondstone, Attorney at Law MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Mark Bayley, Attorney at Law Rominger & Bayley 155 South Hanover Street Carlisle, PA 17013 By the Court, DEBORAH MICHELE MORTON PLAINTIFF V. DALE EARNEST MORTON, JR. DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-619 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Giiroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 01, 2004 at 10:30 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 be 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 conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is~ Hubert X. Gilroy. Esq. 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 ItAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FiND OUT WltERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DEBORAH MICHELE MORTON, Plaintiff V DALE EARNEST MORTON, JR., Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-619 : IN CUSTODY CO~TO~ER AND NOW, this !'/' day of April, 2004, upon. consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. This Court's prior order of February 13, 2004 is vacated. 2. The mother, Deborah Michele Morton, and the father, Dale Earnest Morton, Jr., shall enjoy shared legal custody of Ryan Tyler Morton, born February 26, 1995. 3. During the school year, mother shall enjoy primary physical custody of the minor child. At that time, father shall enjoy periods of physical custody with the minor child as follows: a. Every Friday from approximately 5:30 p.m. until Saturday evening at approximately 8:00 p.m. b. At such other times as agreed upon by the ]parties. c. Also during the school year, the parties shall handle custody with father having an equal time with the minor chil~rl on either shared holidays or alternating holidays pursuant to a schedule arranged between the parties. 4. During the summer months, physical custody shall be handled with father having custody of the minor child during the time which when he is off work which, generally, shall be from Wednesday evening through Saturday evening. Mother shall have custody from Saturday evening through Wednesday evening. The parties shall arrange for specific times between themselves. The parties shall also share or alternate the holidays during the summer. During the summer months, each parent shall have the ability to take the minor child for a summer vacation. They shall advise the other parent as soon as they schedule the vacation with respect to when the vacation will take place. Exchange of custody shall be handled pursmmt to an agreement between the parties with transportation generally shared. The parties may modify this custody order as they agree. Absem an agreement between the parties, this custody order shall comroi. In the event either party desires to modify this custody order, that party may petition the court to have the case again scheduled witl~ the custody conciliator for a conference. CC: BY THE COURT, JudTevin A. Hess -.'~ark F. Bayley, Esquire /~. ..-Grace D'Aio, Esquire DEBORAH MICHELE MORTON, Plaintiff V DALE EARNEST MORTON, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : NO. 04-619 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who the subject of this litigation is as follows: Ryan Tyler Morton, born February 26, 1995. A Conciliation Conference was held on April 1, 2004, with the following individuals in attendance: The mother, Deborah Michele Morton, with her com~sel, Grace D'AIo, Esquire, the father Dale Earnest Morton, Jr., and his counsel Mark Bayley, Esquire. 3. The parties agree to the entry of an order in the form as attached. MARTICE I. HOCKLEY and, TERRY L. HOCKLEY, Plaintiffs TABITHA M. HOCKLEY and, JASON M. STROHECKER, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION ~ LAW : : NO. 04-669 : : IN CUSTODY CO~TO~ER AND NOW, this 19' ~ day of April, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed that the prior custody order entered in this case is vacated and the following order is entered: 1. The maternal great-uncle and his wife, Martice I. Hockley and Terry L. Hockley, shall enjoy primary physical custody of Tristan Michael Strohecker, born May 12, 1996. 2. The mother, Tabitha M. Hockley, shall enjoy temporary physical custody with the minor child as follows: a. On alternating weekends from 12 noon until 5:00 p.m. on both Saturday and Sunday. b. On alternating Thursdays from 5:00 p.m. until 7:30 p.m. and on alternating Tuesdays from 5:00 p.m. until 7:30 p.m. c. At such other times as agreed upon by the parties. 3. Upon the father's release from prison, father, Jason M. Strohecker, shall enjoy periods of temporary physical custody with the minor child at such times as agreed upon with the Hockleys. It is understood that the Hockleys shall he liberal in providing the father opportunities to enjoy temporary custody with the minor child. 4. The parties shall meet again with the custody conciliator for a custody conciliation conference on June 17, 2004 at 9:30 a.m. This is a temporary order and does not prejudice any of the parties from advancing a different position at a court hearing if this matter is scheduled for a hearing. BY THE COURT, CC: Mark F. Bayley, Esquire Robert L. O'Brien, Esquire Jason M. Strohecker Jud/~vin A. }less 2004 MARTICE I. HOCKLEY and, TERRY L. HOCKLEY, Plaintiffs TABITHA M. HOCKLEY and, JASON M. STROHECKER, Defendants Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-669 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Tristan Michael Strohecker, born May 12, 1996. A Conciliation Conference was held on April 2, 2004, with the following individuals in attendance: The maternal great-uncle and his wife, Martice I. Hockley and Terry L. Hockley, with their counsel, Robert L. O'Brien, Esquire, and the mother Tabitha M. Hockley, with her counsel, Mark F. Bayley, Esquire, and the father, Jason M. Strohecker, who appeared without counsel. The parties reached a temporary agreement on custody, and the conciliator recommends an order in the form as attached. DATE Hubert X. Gil.,..~...y, Esquire Custody/~iliato~r