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HomeMy WebLinkAbout08-5288SCOTT D. MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08 -S?AtCIVIL TERM TAWNYA LYNN JUMPER, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Scott D. Morrison, residing at 400 Mountain Road, Cumberland County, Newville, Pennsylvania 17241. 2 3. The defendant, Tawnya Lynn Jumper's last known mailing address was 400 Mountain Road, Cumberland County, Newville, Pennsylvania 17241. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Coleton D. Morrison 400 Mountain Road 1/6/2006 2 years The child was born out of wedlock The child is presently in the custody of Scott D. Morrison who resides at 400 Mountain Road, Cumberland County, Newville, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Scott D. Morrison 400 Mountain Road Newville, PA 17241 Birth-Present 4. The mother of the child is Tawnya Lynn Jumper whose last known mailing address was 400 Mountain Road, Cumberland County, Newville, Pennsylvania 17241. She is not married. The father of the child is Scott D. Morrison, currently residing at 400 Mountain Road, Newville, Pennsylvania. He is not married. 5. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons. Name Relationship Coleton D. Morrison Son 6. The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons. Name Unknown Relationship 7. 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 person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. Plaintiff continues to maintain the same family household for the child that has been maintained since birth. The Defendant has moved from the family residence to an unknown address. Defendant's erratic and abusive behavior poses a threat of harm to the child. Defendant is addicted to crack cocaine and has went on three (3) binges in August, 2008 for periods of time from four (4) to seven (7) days. Defendant had the child with her on two (2) separate occasions when he was approximately five (5) weeks old and six (6) months old. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to limited supervised contact by the Defendant. Respectfully submitted, Date: S4;?U!4 Mic 10. Palermo, A4q wire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Scott D. Morrison, Plaintiff 119 ` rrs ?4 ti - r ," J 1 zz ?? p ? v R Q. SCOTT D. MORRISON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5288 CIVIL ACTION LAW TAWNYA LYNN JUMPER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 09, 2008 , 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, October 10, 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/ Hubert X. Gilroy, Es T. 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 VWAWNN3d ? i =£ Nd n ! AS BOOZ AHVIONOH108d 3HI JO D--140--031H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT D. MORRISON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. TAWNYA L. JUMPER Defendant : No. 08-5288 : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: CIVIL TERM Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Tawnya L. Jumper, in the above-captioned matter. September 22, 2008. Anne 1 ld-Fox, Es . e, , . 'L S? 0, U D_? , " Rebecc Fau er Certified Legal Intern a 0 ryl .? `; Z M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SCOTT D. MORRISON IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V. No. 08-5288 CIVIL TERM TAWNYA L. JUMPER Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Rebecca Faulkner, hereby certify that I am serving a true and correct copy of the Praecipe to Enter Appearance on the following person, counsel for plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this 22nd day of September, 2008: Michael O. Palermo, Esq. 155 South Hanover Street Carlisle, PA 17013 Rebecca Faul er Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 243-3639 ca ? Q 'rr , r CIO ) NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend gainst the claims set forth in the following pages, you must take prompt action. You are w ed that if you fail to do so, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR L WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFO TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION A POUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. 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 individual 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 co ference or hearing. SCOTT D. MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY„ PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY TAWNYA JUMPER, Defendant : NO. 08-5288 CIVIL TERM Defendant Tawnya Jumper, by and through her attorney , the Family Law Clinic, respectfully sets forth the following counterclaim in custody 1. Plaintiff is Scott D. Morrison (Father), residing at Cumberland County, Pennsylvania, 17241. 2. Defendant is Tawnya Jumper (Mother), residing at 1 Cumberland County, Pennsylvania, 17241. 3. Mother seeks primary custody of: Name Coleton D. Morrison Present Residence 400 Mountain Rd. Newville PA 17241 Mountain Road, Newville, , l Broad Street, Newville, Age 2 1/2 The child was born out of wedlock. The child is presently in the custody of Scott D. Morison, who resides at 400 Mountain Road, Newville, Cumberland County, PA, 17241. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Tawnya Jumper, Scott D. 400 Mountain oad Birth - July 2008 Morrison & Zachary Alleman Newville, PA I tad Scott D. Morrison 400 Mountain lAugust 2008 - Newville, PA ?oad 241 Mid-August 2008 Scott D. Morrison, Renee, and 400 Mountain oad Mid-August 2008 Renee's four children Newville, PA 1 241 Present The mother of the child is Tawnya Jumper. She is not married. The father of the child is Scott D. Morrison. He is not married. 4. The relationship of Plaintiff to the child is that of father. Father currently resides with the following persons: Name Relationship to Father Coleton D. Morrison son Renee (last name unknown) girlfrie d Renee's four children (names unknown) girlfriend's children ?I 5. The relationship of Defendant to the child is that of r4other. Mother currently resides with the following persons: Name Relationship to Mother Zachary Alleman son Paul Gutshall, Sr. Grandfather 6. Father filed a Complaint for Custody at this docket o September 4, 2008. Otherwise, neither Father nor Mother has participated as a parry r witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Mother has no information of a custody proceeding concerning the child pending in another court of this Commonwealth or any other sta e. Mother does not know of a person not a party to the roceedings who has physical custody of the children or claims to have custody or isitation 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: a. Mother has been the child's primary caretakers for all of the child's life; b. Mother will provide the child with a stable ho? a and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Father has not permitted regular contact betty en Mother and the child. In contrast, Mother will encourage the relationship between Father and the child, as she believes that continued contact with bo loving parents is in the child's best interest; d Mother is willing to accept custody of the chili. 8. Each parent whose parental rights to the child have n t been terminated and the person who has physical custody to the child have been nai .?d as parties to this action. WHEREFORE, Mother requests the court gralnt her shared legal custody and primary physical custody of the child, with Father having periods of partial custody, or, in the alternative, with the parties sharing physical custody of the child on an alternating-week basis. Respect lly submitted, Date: ,PLC . 8 'amp, Faulkner Legal Intern THO ACED ROB E. NS LUC ON-WALSH ANN T NALD-FOX MEG EYER Supe neys THE FA MILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 24 3-2968 Fax: (71 7) 243-3639 I verify that the statements made in this Complaint ar true and correct. I understand that false statements herein are made subject to the penalties f 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. C"? .? SCOTT D. MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY TAWNYA LYNN JUMPER Defendant NO. 08 - 52881 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Tawnya Lynn Jumper, Defendant, to pro?eed in forma pauperis The Family Law Clinic, attorneys for the party procee ing in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. submitted, Date Rebecca Fla xikner Certified Legal Intern ANNE M40d"-LD-FOX, Supervising/Attorney FAMILY HAW CLINIC 45 North itt Street Carlisle, P 17013 717-243-2968 C'?a c 73 .. .=i SCOTT D. MORRISON, Plaintiff V. TAWNYA LYNN. JUMPER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 08 - 5288 AND NEW MATTER CIVIL TERM Defendant Tawnya Jumper (Mother), by and through he? attorneys, the Family Law Clinic, respectfully responds to Plaintiff's Complaint for Custody as follows: 1. Admitted. 2. Denied. By way of further answer, Mother's addres? is 111 Broad Street, Newville, Cumberland County, Pennsylvania, 17241. 3. Admitted in part and denied in part. It is denied that oleton D. Morrison was born on January 6, 2006 and that the child lived with only Scott D. Morrison from birth to the present. By way of further answer, the child was born on January 16, 2006, and he has resided with the following persons and at the following addresses: Persons Tawnya L. Jumper, Scott D. Morrison, and Zachary Alleman Scott D. Morrison Scott D. Morrison, Renee, and Renee's four children Addresses 400 Mountain Road Newville, PA 17241 400 Mountain Road Newville, PA 17241 400 Mountain Road Newville, PA 17241 4. Admitted in part and denied in part. It is denied that 400 Mountain Road, Newville. By way of further aw knew that she lives at 111 Broad Street, Newville, Ci: 17241. 5. Admitted in part and denied in part. It is denied that Morrison only. By way of further answer, Mother 1, Plaintiff currently resides with the following persons Dates Birth - July 2008 August 2008 to Mid- August 2008 Mid-August 2008 to Present other's last known address was er, Mother avers that Plaintiff berland County, Pennsylvania f lives with Coleton D. and therefore avers that Name Relationship Coleton D. Morrison Son Renee (last name unknown) Plaintiffs girlfriend Renee's four children Girlfriend's children 6. Admitted in part and denied in part. It is denied that Plaintiff did not know at the time he filed his Complaint who resides with Mother. By way of further answer, Mother currently resides with the following persons: Name Relationship Paul Gutshall, Sr. Grandfather Zachary Alleman Son 7. Admitted. 8. Denied. By way of further answer: The best interest and permanent welfare of the child relief requested by Plaintiff. Plaintiff has not undertaken or performed the primaa child. For more than two years while Mother and P the child's primary caretaker. Mother changed the ( in the middle of the night, took the child to medical meals, and arranged daycare for the child. Plaintiff Mother believes and therefore avers that Plaintiff is primary caretaker because Plaintiff s new girlfriend for the child. Both Mother and Plaintiff are able to provide the for healthy development. Mother agrees that a Custody Order should be not be served by granting the parental responsibilities for the ntiff lived together, Mother was Id's diapers, got up with the child )pointments, prepared the child's d not perform these duties. )t currently acting as the child's many essential functions and nurture that the child needs Father has not maintained the household that the chi) knew from birth. Mother no longer resides there, and instead, father's girlfriend o only a few weeks and her four children have moved into the household. Mother denies any erratic and abusive behavior on harm to the child. Mother denies that she uses cocaine on a regular basi statement that she is addicted to crack cocaine. For tr Mother, reacting to the end of a seven-year relations) in July 2008. Mother did not have the child with her sought treatment and has not used illegal drugs since part that could pose a threat of as inferred by Plaintiff s first time in several years, .3, had a relapse on one occasion t that time. She immediately iat single relapse. NEW MATTER Concerns for the child's safety and well-being 9. Paragraphs 1 through 8 of Mother's Answer are incorporated as if fully set out herein. 10. Mother believes and therefore avers that Plaintiff me his new girlfriend, Renee, in mid- July 2008. Having known her for only weeks, he mo ed her and her four children into his home in August 2008. 11. Mother believes and therefore avers that Renee work in a bar, smokes around the child, and that both Plaintiff and Renee have been vi ibly intoxicated in the child's presence on several occasions. 12. Mother avers that Plaintiff and his girlfriend have en aged in inappropriately provocative activities in the child's presence. 13. Mother avers that since she left Plaintiff's residence, Plaintiff removed the child from the licensed daycare facility he had been attending. A the daycare, the child had been learning age-appropriate lessons and interacting with is playmates. Plaintiffs new girlfriend now watches the child during the day instead. 14. Mother believes and therefore avers that Plaintiff's gilfriend takes the child to an unsanitary campsite while she cares for him during the day. 15. Mother is available to care for the child during the day. She is currently employed as a dispatcher for a taxi company. She works from home from approximately 7:00 a.m. until 3:00 p.m. 16 Mother's son, Zachary Alleman, lived with Mother, P aintiff, and the child since prior to Coleton's birth. Mother believes and therefore ave s that the children miss each other and that the disruption in their sibling relationship has not been in either boy's best interest. 17. With the exception of a couple of short visits supervis d closely by Plaintiff, Plaintiff has kept the child from Mother and will not permit he to have even telephone contact with the child. Given Plaintiffs behavior, Mother will be the parent most likely to encourage the loving parental relationship with both p ies that will be in the child's best interest. WHEREFORE, Mother respectfully requests that this Honorable Court deny Plaintiff's request for primary physical custody of the child.. Respectfully submitted, Date: 6 &J'Ie4 f3.,,-20DH Re THE FA 45 Nord Carlisle, (717) 24 Fax: (7l VERIFICATION Fa * ier Legal Intern Attorney Y LAW CLINIC Pitt Street ?A 17013 -2968 7)243-3639 I verify that the statements made in this Answer to Pl intiff's Complaint for Custody and New Matter are true and correct. I understand that false tements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating tq-u sw rn falsification to authorities. Tawnya v ? co ; ?!. SCOTT D. MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TAWNYA LYNN JUMPER, NO. 08 - 5288 CIVIL TERM Defendant I, Rebecca Faulkner, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Answer to Plaintiff's Complaint for Custody and New Matter, and Counterclaim for Custody, on the following perso?s, by depositing copies of the same in the United States mail, first class, postage prepaid and also by transmitting via facsimile: Hubert X. Gilroy, Esq. Custody Conciliator 10 East High Street Carlisle, PA 17013 Michael O. Palermo, Jr., Esq. Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Date Rebecca =ei Certified Intern ?r Anne Mw"Id-Fox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 C) t G" -Ti c n- OCT 14 2008 G, SCOTT D. MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW TAWNYA LYNN JUMPER, NO. 2008-5288 Defendant IN CUSTODY COURT ORDER AND NOW, this day of October, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on the I q"4- day of , 2008, at T: At this hearing, the Father shall 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 the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY Order is issued: A. The father, Scott D. Morrison, and the mother, Tawnya Lynn Jumper, shall enjoyed shared legal custody of Coleton D. Morrison, born January 16,2006; B. The Father shall enjoy primary physical custody of the minor child; and C. The Mother shall enjoy periods of temporary physical custody of the minor child as follows: (1) On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., unless the parties themselves agree upon another time for exchange of custody; and (2) On weekdays when Father is working and Mother is available to care for the child, Mother shall provide care for the child during the day while Father is at work. The parties shall work between themselves to arrange for exchange of custody with the Mother providing transportation for exchange of custody on weekdays. The parties shall share transportation for exchange of custody on alternating weekends. -J-. Mother's alternating weekends shall commence October 10, 2008. 4. The above TEMPORARY Custody Order contemplates that Mother continues to reside with her Grandfather. cc: /Michael O. Palermo, Jr., Esquire ? s. Rebecca Faulkner ! al LOOS }- rn LLJ -? i O C°4 U SCOTT D. MORRISON, Plaintiff VS. TAWNYA LYNN JUMPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5288 IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I . The pertinent information pertaining to the child who is the subject of this litigation is as follows: Coleton D. Morrison, born January 16, 2006 2. A Conciliation Conference was held on October 10, 2008, with the following individuals in attendance: the father, Scott D. Morrison, with his counsel, Michael O. Palmero, Jr., Esquire, and the mother, Tawyna Lynn Jumper, with her counsel, student attorney Rebecca Faulkner from the Dickinson School of Law Family Law Clinic. 3. The parties were living together during the child's entire life until this past July when the Mother left the home, and there being a dispute as to whether she voluntarily left or was asked to leave. Mother has seen the child sporadically since that time and suggests that it is because Father would not allow her to see the child. Father suggests Mother has a drug addiction and that prompted the separation and prompts his concern at this point for the welfare of the child if the child is with the Mother. 4. From the information the Conciliator obtained at the conference, it is clear that the Mother has provided for the child in the past. Additionally, this past August there was a hearing before Judge Bayley, and Judge Bayley awarded another child to the Mother for primary custody. Accordingly, the Conciliator does not see any concrete information based upon the limited Conciliation Conference that would merit supervised visitation. However, the status quo since July has been the Father having primary custody of the minor child and the Conciliator believes that should continue pending a full hearing. The Conciliator's recommendation on this issue is not based upon any feeling as to which parent should have primary custody and that decision should be made by a Judge after hearing sworn testimony. The Father works during the day and the minor child has been taken care of by the Father's Mother and live-in girlfriend. However, the Mother is available to provide care during the day and she is also available on some weekends. 6. The Conciliator recommends an Order in the form as attached. Date: October 2008 Hubert X. Gilroy squire Custody Conci 'ator SCOTT D. MORRISON, Plaintiff V. TAWNYA L. JUMPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 08-5288 ORDER OF COURT CIVIL TERM AND NOW, this M` day of November, 2008, with the consent of legal counsel for both parties, the Custody Hearing in this matter is rescheduled from November 19, 2008 at 8:45 a.m. to January 9, 2009 at 8:45 a.m. Pending the rescheduled Custody Hearing or further Order of Court, the Temporary Order dated October 14, 2008, shall remain in full force and effect, except that Defendant's periods of weekday custody, as detailed in paragraph C(2) of the Temporary Order, shall be suspended. In addition, the parties shall share custody of the minor child during major holidays as mutually agreed. 4114016 Date jc?- BY CII) N CL- CD = Q Y ?w ? SCOTT D. MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . No. 08 - 5288 CIVIL TERM TAWNYA LYNN JUMPER, : President Judge Bayley Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF NOW COMES, Petitioner, Scott Morrison, by and through his counsel, Michael O. Palermo, Jr., Esquire and in support of his Petition for Special Relief avers as follows: 1. Your Petitioner is Scott D. Morrison (hereinafter referenced as "Father"), who resides at 400 Mountain Road, Cumberland County, Pennsylvania 2. Respondent in this matter is Tawnya Lynn Jumper (hereinafter referenced as "Mother"), who resides at 111 Broad Street, Newville, Cumberland County, Pennsylvania. 3. Father and Mother are the natural parents of the child at issue: Coleton D. Morrison, born January 16, 2006. 4. Father and Mother parted company in or around July 2oo8, because of suspected drug abuse by Mother. Since that time, the Child has resided primarily with Father. 5. Mother has admitted to abusing narcotics and is allegedly attending rehabilitation at Roxbury Treatment Center in Shippensburg. Before mother was enrolled in the treatment center, Petitioner asserts that on two (2) separate occasion's mother disappeared for several days, presumably on a drug binge. It is alleged that on these occasions, the minor child was with Mother and to which Father went out and searched for his child on Pitt Street in Carlisle. 6. Father believes and therefore avers that even though mother is supposedly in treatment for her drug addiction, the minor child should not be in her care on an overnight basis and her custodial periods in general should not be exercised without some form of supervision as a result of her continuing addiction. 7. Moreover and the catalyst for the relief sought herein, occurred as recently as November 8, 2008, when Mother again went missing without any notice to Father or her grandfather, Paul Gutshall, Sr., with whom she resides. 8. Father/Petitioner was contacted by Mother's paramour, Rance Brownawell, who stated that Mother's two children, including the child at issue herein, were with him and as he was unaware of Mother's whereabouts, asked Father to pick up both children. To which, Father gladly complied. 9. It appears that over the weekend of November 8, 2oo8, Mother was allegedly hospitalized twice and in addition to having had her car stolen while in Harrisburg'. 10. Father avers that in the past when Mother went missing without notice, her addiction to narcotics was undoubtedly the motivation behind her sudden disappearance. ii. Undersigned Counsel has been in contact with Ann Fox-McDonald, ' Father notes that it has become common for those addicted to narcotics to lend out their automobile in exchange for drugs. Although father cannot produce direct proof of this allegation, assuming mother were subject to cross- examination, father's counsel would inquire further into the "theft" of mother's vehicle. Esquire and Rebecca Faulkner, Certified Legal Intern who are counsel for Mother. 12. Mother's counsel agreed that the Order entered by the Conciliator could be amended to suspend Mother's weekday visitation with the child due to the loss of her car. Said agreement was memorialized in an Order that also continued the trial date. 2 The Order, signed by P.J. Bayley is attached hereto as "Petitioner's Exhibit B." 13. Respondent/her respective counsel will not agree to suspend Mother's overnight visitation. 14. Father believes that pending a custody trial or hearing on this matter, the best interests of the child dictate that he should exercise primary physical custody with visitation in mother, supervised by the her mother or her grandfather, Mr. Gutshall. 15. Pursuant to Cumberland County Local Rule 2o8.3(a)(2) the Honorable President Judge Bayley signed the custody order in this matter on or about October 14, 20o8. Attached hereto as "Petitioner's Exhibit A." i6. In compliance with Cumberland County Local Rule 2o8.g(a)(9) counsel for Mother has not voiced their concurrence and given the prior discussions and the relief sought herein it is reasonable to assume they are opposed to Petitioner's prayer for relief. 2 It is noted that a hearing on this matter was scheduled for November 19, 2008, however, Undersigned counsel was informed that Mother's father was "near death" and that she would be unavailable for the hearing. On that averment and that averment only was concurrence for the continuance given. WHEREFORE, Your Petitioner respectfully requests that this Honorable Court, issue a temporary order suspending Mother's overnight custody and further direct that she not exercise her custody out of the presence of her Mother or Grandfather pending a hearing on this matter or such other Orders as the Court deems necessary. Date: N64 aLlmg Respectfully submitted, ROMINGER & ASSOCIATES, Michael O. Palermo, Jr., ire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Father/Petitioner SCOTT D. MORRISON', : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vi. No. 08 - 5288 CIVIL TERM TAWNYA LYNN JUMPER, President Judge Bayley Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Scott Morrison, do hereby certify that I this day served a copy of this Petition for Special Relief upon the following by depositing same in the United States mail [in addition to a faxed copy], postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Rebecca Faulkner, Certified Legal Intern Attorney for Defendant Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Date: 11 f 1U1oF Respectfully submitted, ROMINGER & ASSOCIATES, Michael O. Palermo, Jr. Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Petitioner OU 14 2008 SCOTT D. MORRISON, IN TH COURT OF COM%ION PLFAS OF Plaintiff Cl N113F:RLAND COON l 1'. PI:NNS1'LA':\N1:\ S. CIVIL ACTION - LAW TAWNYA LYNN .IUMPI:R. NO. 2008-5288 Defendant IN CUSTODY COURT ORDER AND NOW, this ,day of October, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on the - /Vk day of "Ll 2008, at kys -4. m. At this hearing, the Father shall 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 the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of anticipated testimony of each witness. This Memorandum shall be tiled at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY Order is issued: A. The father, Scott D. Morrison, and the mother, Tawnya Lynn Jumper, shall enjoyed shared legal custody of Coleton D. Morrison, born January 16, 2006; B. The Father shall enjoy primary physical custody of the minor child; and C. The Mother shall enjoy periods of temporary physical custody of the minor child as follows: H) On alternating weekends from Friday at 6:00 p.m. until Sunda" at 6:00 P.M.. unless the parties themselvcs agree upon another time for exchange of custody: and (2) On weekdays when Father is working and Mother is available to care for the child, Mother shall provide care for the child during the day ""bile Father is at work. The parties shall work between themselves to arrange for exchange of custody \.kith the Mother pro"iding transportation for exchange ol'custody on weekdays. fhc parties shall share transportation forexchange ofcustody on altcrnatiilL),?\eckenLls. ?• Mother's alternating kieekends shall commence October 10, 1-008. 4. The above TEMPORARY Custody Order contemplates that Mother continues to reside \\ith her Grandfather. 13Y THE COURT, fps ? ---- E gar . ayley, Judge cc: Michael O. Palermo, Jr., Esquire Ms. Rebecca Faulkner stir copy *0 S m Mp at ;?Y?0. SCOTT D. ;t,IORRISON. Plaintiff vs. TAW`NYA LYNN JUMPER. Defendant Prior Judge: The l lonorable Fdgar B. Bayley IN TI-IF COURT OF COMMON Pt_EAS ()I- CUMBERLAND COUNTY. PENNSYLVANIA CIVIL .-ACTION - LAW NO. 2008-5288 IN CUS rODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Coleton D. Morrison, born January 16, 2006 2. A Conciliation Conference was held on October 10, 2008, with the following individuals in attendance: the father, Scott D. Morrison, with his counsel, Michael O. Palmero, Jr., Esquire, and the mother, Tawyna Lynn Jumper, with her counsel, student attorney Rebecca Faulkner from the Dickinson School of I.aw Family I_aw Clinic. 3. The parties were living together during the child's entire life until this past July when the Mother left the home, and there being a dispute as to whether she voluntarily left or was asked to leave. Mother has seen the child sporadically since that time and suggests that it is because Father would not allow- her to see the child. Father suggests Mother has a drug addiction and that prompted the separation and prompts his concern at this point for the welfare of the child if the child is with the Mother. 4. From the information the Conciliator obtained at the conference, it is clear that the ;Mother has provided for the child in the past. :'Additionally, this past Aut",ust there was a hearing before .fudge Bayley, and Judge Bayley awarded another child to the Mother for primary custody. Accordingly, the Conciliator does not see any concrete information based upon the limited Conciliation Conference that ?WLJld merit supervised visitation. I lowever, the status quo since July has been the Father haying primary custody of the minor child and the Conciliator believes that should continue pending a full hearing. ]'lie Conciliator's recommendation on this issue is not based upon am IeChrig as to \\hich parent should hayc primary custody and that decision sho,:ld be nl :de h, a Jude able a.,,, . ?,.- i,uc,,.,ai_ ? ?. ino svyoin "CstiiOily. The gather \vorks during the day and the minor child has been taken care of by the gather's :Mother and live-in girlfriend. 110 vever. the Nlother is available to provide care during the day and she is also aN ailable on some \?eekends. 6. The Conciliator recommends an Order in the form as attached. Date: October i hr 1008 I lubcrt X. Gilroy, Esquire -- Custody Concil htor SCOTT D. MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY ?y TAWNYA L. JUMPER, Defendant : NO. 08-5288 CIVIL TERM ORDER OF COURT AND NOW, this -4-- day of November, 2008, with the consent of legal counsel for both parties, the Custody Hearing in this matter is rescheduled from November 19, 2008 at 8:45 a.m. to January 9, 2009 at 8:45 a.m. Pending the rescheduled Custody Hearing or further Order of Court, the Temporary Order dated October 14, 2008, shall remain in full force and effect, except that Defendant's periods of weekday custody, as detailed in paragraph C(2) of the Temporary Order, shall be suspended. In addition, the parties shall share custody of the minor child during major holidays as mutually agreed. BY THE COURT: I- I & "..w D ate P.J. end I '/ rotthonotary 46 ROMINGER & ASSOCIATES Attorneys at Law Karl E. Rominger Lee E. Oesterling Scott Morrison 400 Mountain Road Newville, PA 17241 Dear Scott: Michael O. Palermo, Jr. Vincent M. Monfredo November 17, 2008 Enclosed please find an Order of Court rescheduling your custody hearing to January 9, 2009, at 8:45 a.m. If you have any questions, do not hesitate to contact Attorney Palermo. Sincerely, ..r Linda J. Jumper/Assistant to Michael O. Palermo, Jr., Esquire :ljj Enclosure 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS ??`} 1 T n ? ?4k. Q ?g ?? t..., r" t.. , - - J _? _--_d ~' ?' ? S ?._ .. ?; SCOTT D. MORRISON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TAWNYA L. JUMPER, DEFENDANT 08-5288 CIVIL TERM ORDER OF COURT AND NOW, this os - - day of November, 2008, a hearing on the within request for an emergency order shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 2:30 p.m., Monday, December 1, 2008. By the L;burt, Edgar B. Bayley, J. ? Michael O. Palermo, Jr., Esquire /For Scott D. Morrison ? Anne Macdonald-Fox, Esquire Michael A. O'Donnell, Certified Legal Intern Family Law Clinic For Tawnya L. Jumper sal ca cts ,n-.tLcl uy µ-..i L r } l.s te.. L!j SCOTT D. MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-5288 TAWNYA L. JUMPER, CIVIL ACTION -LAW Defendant IN CUSTODY ATTORNEY STIPULATION THIS STIPULATION, made this 1St day of December, 2008, between Michael O. Palermo, Jr., Esquire, counsel for Scott D. Morrison (hereinafter "Father"), and The Family Law Clinic, counsel for Tawnya L. Jumper (hereinafter "Mother"), concerns the custody of Coleton D. Morrison, born January 16, 2006. Mother and Father desire to enter into a temporary agreement as to the custody of the child, pending the Custody Hearing scheduled in this matter for January 9, 2009, before the Honorable Edgar B. Bayley. The parties have instructed their legal counsel to stipulate to the following: 1. Father shall have primary physical custody of the child. 2. Mother shall have periods of partial physical custody of the child as follows: a. On Mondays, Wednesdays, and Fridays while Father is at work. b. Every other weekend on Friday, Saturday, and Sunday, but with no overnight visits. On these weekend visits, Mother shall have the child from 9:00 a.m. until 9:00 p.m., unless otherwise agreed upon by the parties. 3. If Mother is unavailable to exercise a period of physical custody on a week day, Mother shall call Father by 8:30 p.m. the night before to advise Father that she will not exercise custody on the following day. 4. Transportation shall be provided as agreed upon by the parties. 5. The prior Court Orders in this matter, dated October 14, 2008 and November 14, 2008 and attached hereto, shall remain in full force and effect, except as explicitly modified by this Stipulation. A& A - Mic ael O. Palermo, Jr., P?Are Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Counsel for Father Rebecca Faul er Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, Pa 17013 (717) 243-2968 Counsel for Mother ANNE DONALD- Supervising Attorney Counsel for Mother ? f7 LjiJ Li •, , i t 1 13-7, {{ y rL i OCT 14 2000 SCOTT D. MORRISON. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNCY. PENNSYLVANIA IV, S. CIVIL ACTION - LAW I'AWNYA LYNN JUMPER. NO. 2008-5288 Defendant IN CUSTODY COURT ORDER AND NOW, this -J day of October, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in ourtroom No. 2 of the Cumberland County Courthouse on the _? day of ?,?-0F,4,,eR , 2008, at ,? . M. At this hearing, the Father shall 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 the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY Order is issued: A. The father, Scott D. Morrison, and the mother, Tawnya Lynn Jumper, shall enjoyed shared legal custody of Coleton D. Morrison, born January 16, 2006; B. The Father shall enjoy primary physical custody of the minor child; and C. The Mother shall enjoy periods of temporary physical custody of the minor child as follows: (1) On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 P.M.. unless the parties themselves agree upon another time for exchange of custody; and (2) On weekdays when Father is working and Mother is available to care for the child, Mother shall provide care for the child during the day while Father is at work. The parties shall work between themselves to arrange for exchange of custody with the Mother providing transportation for exchange of'custody on weekdays. The parties shall share transportation for exchange of custody on alternating \\ eekends. 3. Mother's alternating w-eekends shall commence October 10, 2008. 4. The above TEMPORARY Custody Order contemplates that Mother continues to reside with her Grandfather. 13Y THE COURT, /Edgar . ayley, Judge cc: Michael O. Palermo, Jr., Esquire Ms. Rebecca Faulkner V?`) COPY FROM SECORU t<i= 4;90>E, A pa e 4? ta ixt 4, Cow f sN,?,v SCOTT D. MORRISON. Plaintiff vs. TAW"NYA LYNN JUMPER, Defendant Prior .fudge: 'I'he l lonorable I-'dgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-5288 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVII, 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: Coleton D. Morrison, born January 16, 2006 2. A Conciliation Conference was held on October 10, 2008, with the following individuals in attendance: the father, Scott D. Morrison, with his counsel, Michael O. Palmero, Jr., Esquire, and the mother, Tawyna Lynn Jumper, with her counsel. student attorney Rebecca Faulkner from the Dickinson School of I.aw Family l.aw Clinic. 3. The parties were living together during the child's entire life until this past July when the Mother left the home, and there being a dispute as to whether she voluntarily left or was asked to leave. Mother has seen the child sporadically since that time and suggests that it is because Father would not allow her to see the child. Father suggests Mother has a drug addiction and that prompted the separation and prompts his concern at this point for the welfare of the child if the child is with the Mother. 4. From the information the Conciliator obtained at the conference, it is clear that the Mother has provided for the child in the past. :additionally, this past August there was a hearing before Judge Bayley. and Judge Bayley awarded another child to the Mother for primary custody. Accordingly, the Conciliator does not see any concrete information based upon the limited Conciliation Conference that would merit supervised visitation. However, the status quo since July has been the Father having primary custody of the minor child and the Conciliator believes that should continue pending a full hearing. The Conciliator's recommendation on this issue is not based upon any feeling as to N\hich parent should have primary custody and that decision sl:o.a 1 1'c i:,tl?1e b`,' 11 Judge niter hcan -ig s''v'orn tci'in-ioni . The Father Nvorks during the day and the minor child has been taken care of by the Father's Mother and live-in girlfriend. Hoxvever, the Mother is available to provide care during the day and she is also available on some weekends. 6. The Conciliator recommends an Order in the form as attached. l ! ?„ , .a Date: October 2008 j Hubert X. Gilroy squire Custody Conciliator SCOTT D. MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY TAWNYA L. JUMPER, : Defendant : NO. 08-5288 CIVIL TERM ORDER OF COURT AND NOW, this A day of November, 2008, with the consent of legal counsel for both parties, the Custody Hearing in this matter is rescheduled from November 19, 2008 at 8:45 a.m. to January 9, 2009 at 8:45 a.m. Pending the rescheduled Custody Hearing or further Order of Court, the Temporary Order dated October 14, 2008, shall remain in full force and effect, except that Defendant's periods of weekday custody, as detailed in paragraph C(2) of the Temporary Order, shall be suspended. In addition, the parties shall share custody of the minor child during major holidays as mutually agreed. BY THE COURT: f - y 4 Is] Date p, J. ?.? µ`f r ? `t ' ` 1 '.' .,. ?: SCOTT D. MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5288 TAWNYA L. JUMPER, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT PER AGREEMENT of counsel for the parties, the issues raised in the Plaintiff s Petition for Special Relief, filed on November 21, 2008, will be addressed at the Custody Hearing scheduled for January 9, 2009. Pending said Hearing, custody of Coleton D. Morrison shall be as agreed in the attached Attorney Stipulation. The emergency Hearing scheduled for December 1, 2008 at 2:30 p.m. is cancelled. w t lov Date t!' r? f rlJ f.. C1,j yyh M1a W lM1 SCOTT D. MORRISON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TAWNYA L. JUMPER, DEFENDANT : 08-5288 CIVIL TERM ORDER OF COURT AND NOW, this Cd__X. day of January, 2009, the parties having resolved the petition for special relief, the hearing scheduled for this date is cancelled. /Michael O. Palermo, Jr., Esquire For Scott D. Morrison ? Anne Macdonald-Fox, Esquire Nicole Berman, Certified Legal Intern Family Law Clinic For Tawnya L. Jumper :sal L" , -es rrz I'LL 6F By the Edgar B M SiNBd 1 9 : I ltd 6- KW-- 6NI 1? vi HiOW 3a ?Q L SCOTT D. MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY TAWNYA L. JUMPER, Defendant. : NO. 08-5288 CIVIL TERM ORDER OF COURT AND NOW, this;Vday of January, 2009, the parties having reached an agreement to resolve their custody issues, the following Order of Court is entered: 1. Mother and Father shall share legal custody of the child, Coleton D. Morrison, born January 16, 2006. 2. For six (6) months, from January 9, 2009 until July 9, 2009, Father shall have primary physical custody of the child. Mother shall have periods of partial physical custody of the child as follows: a. On three days during the week, currently Tuesday, Wednesday, and Thursday, from 7:00 a.m. until 8:30 p.m. The parties may modify the specific weekdays by mutual agreement, but in the absence of such agreement, the current schedule shall remain in effect. b. Every other weekend on Friday, Saturday, and Sunday, but with no overnight visits. On these weekend periods, Mother shall have the child from 9:00 a.m. until 9:00 p.m., unless otherwise agreed upon by the parties. 3. During this initial six (6) month time period, Mother agrees that Father may require her to submit to two (2) randomly administered First Check: 4 Drugs Tested Home Drug Tests. Mother's refusal to submit to either of the First Check drug tests shall be tantamount to producing a positive result. 4. After the six (6) months have ended, conditioned upon Mother having produced negative results on the two (2) randomly administered First Check drug tests, a new schedule will go into effect for the next three months, from July 9, 2009 until October 9, 2009. During this three (3) month time period, the schedule outlined in Paragraph 2 shall remain in effect, with the exception that Mother shall have one (1) overnight period of partial custody per week with the child. The days of these overnight custody periods shall be determined by the parties at the time, to accommodate their work and/or school schedules. During Mother's periods of overnight custody from January 9, 2009 until October 9, 2009, she shall make the child available by telephone, and the child shall call Father before bedtime, or between 8:00 and 9:00 P.M. 5. Mother agrees that during the three (3) month time period outlined in Paragraph 4, Father may require her to submit to one (1) random at-home First Check drug test. Mother's refusal to submit to the First Check drug test shall be tantamount to producing a positive result. 6. After the three (3) months have ended, conditioned upon Mother having produced negative results on the one (1) randomly administered at-home First Check drug test, a third schedule will go into effect. Beginning on October 9, 2009, Mother and Father shall share physical custody of the child as follows: a. Mother shall have periods of physical custody of the child on alternating weekends, from Friday at 9:00 a.m. until Sunday at 9:00 p.m. b. Mother and Father shall institute a two-week alternating schedule, whereby they share custody of the child equally on weekdays. During the first week, Father shall have custody of the child for three overnight weekday periods and Mother shall have the child for two overnight weekday periods. During the second week, Father shall have custody of the child for two overnight weekday periods and Mother shall have the child for three overnight weekday periods. The parties shall follow this alternating schedule thereafter. The specific days of these weekday custody periods shall be determined by the parties at the time, to accommodate their work and/or school schedules. 7. Mother agrees that during the three month period, from October 9, 2009 until January 9, 2010, she will submit to one (1) random at-home First Check drug test. Mother's refusal to submit to the First Check drug test shall be tantamount to producing a positive result. 8. The cost of the four (4) at-home First Check drug tests shall be paid by Father. 9. If either Mother or Father is unavailable to exercise a period of physical custody on a weekday, Mother or Father shall notify the other party by 8:30 p.m. the night before to advise the other party that he or she will not exercise custody on the following day. 10. Transportation shall be as agreed upon by the parties. 11. Holidays. a. Holidy a s 2009: Mother shall have custody of the child on Mother's Day, from 9:00 a.m. until 9:00 p.m. Father shall have custody of the child on Father's Day. Mother and Father shall share custody of the child for Thanksgiving, with Mother having custody for half of the day and Father having custody for half of the day. Father shall exercise custody of the child on Christmas Eve until Christmas Day at 2:00 p.m. Mother shall exercise custody of the child on Christmas Day from 2:00 p.m. until the following day at 8:30 p.m. b. Holidays 2010 and bed: Future holidays will be shared as agreed by the parties. By December 1, 2009, Mother and Father shall enter into a stipulation, to be made an Order of Court, detailing a holiday schedule for 2010 and beyond. 12. Neither parent will do anything that may estrange the child from the other party, or injure the opinion of the child as to the other parent, or that may hamper the free and natural development of the child's love and respect for the other parent. Neither parent will allow any third party to do anything that may estrange the child from the o r ? - t3J - < O CL LiLJ 1 t.; CPIN G a C C j SCOTT D. MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY TAWNYA LYNN JUMPER Defendant : NO. 08 - 5288 CIVIL TERMS ry -0a zrn cam- z ' r- w r PRAECIPE TO PROCEED IN FORMA PAUPERIS -< TO THE PROTHONOTARY: a(-, yn Kindly allow Tawnya Lynn Jumper, Defendant, to proceed in forma pauperis: ' The Community Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date �� i F° 1 Tif L9 ello Certified Legal Intern �r � C " kt; y� 'ter%�y2 t �� MEGAN RIESMEYER Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 Scott Morrison, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW r) • : IN CUSTODY Tawnya Jumper, : CUSTODY -03 t-- -z^-{ Defendant : NO. 08- 5288 CIVIL TERM = ' r r: vex'„ kv c r- PETITION TO MODIFY CUSTODY ORDER ra N 1. The petition of Tawnya Jumper, hereinafter Mother, by her attorneys, the Community Law' Clinic,respectfully represents that on January 20, 2009 an Order of Court was entered for custody of Coleton Morrison,hereinafter Child,born January 16, 2006, a true and correct copy of which is attached. Under the existing Order, Mr. Scott Morrison, hereinafter Father has primary physical custody of the child. Mother is to have partial custody of the child on Tuesday, Wednesday, and Thursday from 7:OOPM-8:30PM and every other weekend, Friday, Saturday and Sunday, but no overnights. 2. This Order should be modified because: a. It no longer reflects the status quo. b. At the time the order was entered, Mother was struggling with drug addiction and was unable to exercise her custodial rights or fulfill her obligations under the order. c. Mother went into a drug rehabilitation program in September 2011 and completed the program in June 2012. She has been sober since September 2011. d. Since completing the rehabilitation program, Mother has reached out to Father in order to resume a relationship with Child, but Father has consistently refused to allow her any contact. 3. Wherefore, Petitioner asks the Court to modify the custody order granting Mother joint legal custody and partial physical custody one weekend a month. Date: July 8, 2013 id ,, £QPJ.., ' Tiff.ri■ Lo ello Certified Legal Intern u6fr L-(yL MEGAN RIESMEYER Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 0/12004.3 .wnya Ju .er • CERTIFICATE OF SERVICE I, Tiffany LoBello, Certified Legal Intern, the Community Law Clinic,hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid,this '1 day of ,_) �l� , 2013: Michael O. Palermo, Esq. Palermo Law Offices 3300 Trindle Road Camp Hill, PA 17011 b4)k&t) . Tiff \ oBeUo Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 CERTIFICATE OF SERVICE I, Tiffany LoBello, Certified Legal Intern, the Community Law Clinic,hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail,postage prepaid, this CI day of _J Q t.L;\ , 2013: Mr. Scott Morrison 400 Mountain Road Newville, PA 17241 iff. c LoB 11 Certi ied Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 SCOTT MORRISON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA Cl L� V. 2008-5288 CIVIL ACTION LAW rn rTI TAWNYA JUMPER IN CUSTODY r— -- ' DEFENDANT ORDER OF COURT y AND NOW, Friday,July 12,2013 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 Wednesday,August 07,2013 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. 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/ Hubert X. Gilroy, Esq.;,� z 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 tCS f�,-At Carlisle, Pennsylvania 1.701.3 Telephone (717) 249-3166 )94 Al . ag A/!r/i,a -