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HomeMy WebLinkAbout09-0220LARRAINE K. MORTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. N0.2009 - .Z~'~IVa. TERM DANIEL L. BRICKER, Defendant COMPLAINT IN CUSTODY Petitioner, Larraine K. Morton, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the Mother, resides at 27 Mountain View Terrace, Newville, Cumberland County, Pennsylvania, 17241. 2. The above-named Defendant currently resides at 409 Berkshire Rd, Upper Allen, Mechanicsburg, Pennsylvania, 17055-5514. 3. Mother and Defendant are the natural parents of: Dakota R. Morton, born June 14, 1997 (age 11). 4. Mother and Defendant were never married. 5. Mother is the natural mother of the following children, who are also living with her at the address mentioned in paragraph 1: a. Sky M. Morton, born on October 13, 2000 (age 8); b. Faith L. Morton, born on October 06, 2003 (age 5); c. Rose M. Gibbs, born on November 17, 2008 (age 2 months). 6. Dakota has lived since birth with Mother until January 4, 2009 and for the last three years at the address mentioned in paragraph 1. Prior to that and since January 2000 Mother was living at Boiling Springs Apartments in subsidized housing. ?. On December 24, 2008 Dakota visited the Defendant. 8. Defendant agreed to return Dakota before school started on January 5, 2009. 9. On January 4, 2009, Defendant failed to return Dakota. 10. Defendant told Mother that he would not be bringing Dakota back and that he would enroll him in the Mechanicsburg Middle School on January 5, 2009. 11. Dakota also told Mother that he was told that he would not be returning to her. 12. To the best of Mother's knowledge Dakota has not attended school since January 5, 2009. 13. Defendant is not acting in the Dakota's best interest fox reasons including, but not limited to, the following: a. Defendant has not allowed Mother to see or talk to Dakota on a regular basis; b. Defendant has failed to return Dakota as promised; c. Dakota is a special needs-child and Mother is best able to take care of him; d. Defendant has refused to provide Mother with information as to whether Dakota is receiving the care and education that is necessary and appropriate for him; e. Defendant has traumatized Dakota by not allowing him to contact Mother even though Mother has been his primary caretaker for his entire life; f. During the summer of 2008 the Defendant did not even so much as call Dakota. g. Defendant is not paying child support, he is unemployed and Mother finds it doubtful whether he will be able to financially support Dakota. 14. Mother is the parent who can best provide for Dakota for reasons including, but not limited to, the following: a. Mother is presently able to provide for Dakota by giving him a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; b. Since the Dakota's birth, Mother is the person who has provided for his daily needs and is the person most capable of caring for him; c. Mother can best facilitate and maintain any contact between Dakota and the Defendant. d. Mother has been responsible for developing and monitoring Dakota's IEP. 15. Mother requests that the Court grant primary physical and legal custody of Dakota to her and grant the Defendant supervised visitation with him. 16. Without this Court's intervention, Mother and Dakota aze at risk of irreparable harm by being denied contact with each other. 17. Mother is not aware that Defendant has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. Order the Defendant to immediately return Dakota to Mother in Cumberland County, Pennsylvania. b. Issue an order granting Lorraine K. Morton primary legal and physical custody of Dakota. c. Limit the custodial rights of Defendant to supervised visitation at a time and place as ordered by this Court or agreed to by the parties; d. Issue an order prohibiting the Defendant from removing Dakota from Pennsylvania except as provided by this Court's custody order; e. Any other relief this court deems just and proper. RESPECTFULLY SUBMITTED ~~-~-~ G E. D'ALO MID NN LEGAL SERVICES 401 E. LOUTHER STREET CARLISLE, PA 17013 VERIFICATION The above-named Plaintiff, Larraine K. Morton, verifies that the statements made in the attached Petition for special Relief and Complaint 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. ~~ w /, / Larraine K. Morton t P.. ~- r~ ~~ :~ _., , ,: ~ ~` ,; ,.. - ' ~ , ~i;7 .s'~ f .~ ~.. . ~. ~ ~ < ~ ~ ~. LARRAINE K. MORTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No. 2009- CIVIL TERM DANIEL BRICKER, CA'°2~c~0 Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Larraine K. Morton ,Plaintiff, to proceed in forma au eris. I, Grace E. D'Alo, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. 1 Gr~\ )~ Gra e D' Alo Jess a Diamondstone ffrey Biringer Attorneys for Plaintiff MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 r, ~7 ~ ~ d rr '~ ry ~.,., l ; ~: ~ `' „ , ~ ;;.- =' ~ :; ~. ~~ .~ ~r .:~; ¢ LARRAINE K. MORTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA Vs. No. 2009 - .z~CrvII. TERM DANIEL L. BRICKER, Defendant PETITION FOR SPECIAL RELIEF Petitioner, Larraine K. Morton, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the Mother, resides at 27 Mountain View Terrace, Newville, Cumberland County, Pennsylvania, 17241. 2. The above-named Defendant currently resides at 409 Berkshire Rd, Upper Allen, Mechanicsburg, Pennsylvania, 17055-5514. 3. Mother and Defendant are the natural parents of: Dakota R. Morton, born June 14, 1997 (age 11). 4. Mother and Defendant were never married. 5. Mother is the natural mother of the following children, who are also living with her at the address mentioned in paragraph 1: a. Sky M. Morton, born on October 13, 2000 (age 8); b. Faith L. Morton, born on October 06, 2003 (age 5}; c. Rose M. Gibbs, born on November 17, 2008 (age 2 months). 6. The attached Complaint in Custody outlines where Dakota has lived for the past 8 years and is herein incorporated by reference. 7. On December 24, 2008 Dakota visited the Defendant. 8. Defendant agreed to return Dakota before school started on January 5, 2009. 9. On January 4, 2009, Defendant failed to return Dakota. 10. Defendant told Mother that he would not be bringing Dakota back and that he would enroll Dakota in the Mechanicsburg Middle School on January 5, 2009. 11. Dakota also told Mother that he was told that he would not be returning to her. 12. To the best of Mother's knowledge Dakota has not attended school since January 5, 2009. 13. Defendant is not acting in Dakota's best interest for reasons including, but not limited to, the following: a. Defendant has not allowed Mother to see or talk to Dakota on a regular basis; b. Defendant has failed to return Dakota as promised; c. Dakota is a special needs-child and Mother is best able to take care of him; d. The Defendant has refused to provide Mother with information as to whether Dakota is receiving the care and education that is necessary and appropriate for him; e. Defendant has traumatized Dakota by not allowing him to contact Mother even though Mother has been Dakota's primary caretaker for his entire life; f. During the summer of 2008 the Defendant did not even so much as call Dakota. g. Defendant is not paying child support, he is unemployed and Mother finds it doubtful whether he will be able to financially support Dakota. 14. Mother is the parent who can best provide for Dakota for reasons including, but not limited to, the following: a. Mother is presently able to provide for Dakota by giving him a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; b. Since the Dakota's birth, Mother is the person who has provided for his daily needs and is the person most capable of caring for him; c. Mother can best facilitate and maintain any contact between Dakota and the Defendant. d. Mother has been responsible for developing and monitoring Dakota's IEP. 15. Mother requests that the Court grant primary physical and legal custody of Dakota to her and grant the Defendant supervised visitation with him. 16. Without this Court's intervention, Mother and Dakota are at risk of irreparable harm by being denied contact with each other. 17. Mother is not aware that Defendant has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. Order the Defendant to immediately return Dakota to Mother in Cumberland County, Pennsylvania. b. Issue an order granting Larraine K. Morton primary legal and physical custody of Dakota. c. Limit the custodial rights of Defendant to supervised visitation at a time and place as ordered by this Court or agreed to by the parties; d. Issue an order prohibiting the Defendant from removing Dakota from Pennsylvania except as provided by this Court's custody order; e. Any other relief this court deems just and proper. RESPECTFULLY SUBMITTED ~- CE E. D'ALO D ENN LEGAL SERVICES 401 . LOUTHER STREET CARLISLE, PA 17013 LARRAINE k. MORTON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. N0.2009 - CIVIL, TERM DANIEL L BRICKER, Defendant AFFIDAVIT OF SERVICE h AND NOW, this _ ~, ~ day of January, 2009, I, Grace D'Alo, hereby certify that I served Daniel L. Bricker, with a copy of the foregoing Petition for Special Relief and Complaint by first registered receipt and first class, United States Mail, postage pre- paid, addressed as follows. Daniel L. Bricker 409 Berkshire Rd Upper Allen Mechanicsburg, PA 17055-5514 MIDPENN LEGAL SERVICES ace E. D'Alo East Louther Street Carlisle, PA 17013 (717} 243-9400, ext. 2517 Attorney for Plaintiff ~~ ~ ~' "' ~, `fi- ~~ r ~ -~ _? `; r ~~,;` . ~4 ~ ~ •~ TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-81141 Fax (717) 731-8115 Attorney for Defendant t t T ~, ~- y j`~ k~ t 1 t L .- t~ !(~~~ ' 1. i~ i . .._ .. t y... ~.i [[~~ " ~ . (.1 ~., ~J ~. C'y a ~ r {J fi.; ~ r ±, ~ 'm, Opt 1..~j~ ~-+. i ~~ ~ t~`~~ ~. ..; LARRAINE K. MORTON, § Plaintiff § v. § DANIEL L. BRICKER, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-0220 CIVIL TERM PETITION OF DEFENDANT'S COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE The petition of Tabetha A. Tanner, Esquire, respectfully represents the following: Defendant and Petitioner entered into a representation agreement with respect to the above-captioned custody action on or about January 8, 2009. 2. Defendant agreed by signing the Representation Agreement that "if fees or costs are owing, payment is due no later than thirty (30) days from the date the bill is presented ... If such a payment is not timely paid [we] reserve the right to suspend services until satisfactory arrangements are made or, if necessary, to end our services." 4. Throughout the course of representation, Petitioner sent Defendant regular monthly statements reflecting the fees and costs owed for services rendered with regard to the above-referenced matter. In addition to the regular monthly statements, Petitioner sent Defendant a letter on August 26, 2010 requesting that the outstanding balance be paid prior to further representation, and that if payment was not received on or before September 15, 2010, Petitioner would file to withdraw from Defendant's case. 6. Despite a fee agreement requiring payment by Defendant for Petitioner's services on an hourly basis and the submission of bills to the Defendant, Petitioner has not received any payments from Defendant during the past ten (10) months. 7. The Defendant has failed to substantially fulfill his financial obligation to the Petitioner regarding Petitioner's legal fees and Petitioner has been given reasonable warning that Petitioner will withdraw unless said financial obligation is fulfilled. Good cause thus exists pursuant to Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 8. The continued representation of the Defendant without payment of petitioner's fees, or the prospect of such payment, has resulted and will further result in an unreasonable financial burden on Petitioner. Good cause thus exists pursuant to Rule 1.16(b)(6) ofthe Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. WHEREFORE, petitioner requests that this Court grant Petitioner leave to withdraw her appearance on behalf Defendant in this action. Respectfully submitted, ~a~,~~. ~1 ~; U~~~~ Tabetha A. Tanner, Esquire Supreme Court I.D. No. 91979 VERIFICATION I verify that the statements made in the foregoing Petition of Defendant's Counsel for Leave to Withdraw Appearance are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject to me to the penalties ofPa.C.S. Section 4904 relating to unsworn falsification to authorities. y~~~. ~ Tabetha A. Tanner, Esquire SEP 2 4 2010 t( LARRAINE K. MORTON, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § DANIEL L. BRICKER, § NO. 09-0220 CIVIL TERM Defendant § RULE AND NOW, this 40?'71'da Y of 2010 upon consideration of the foregoing Petition of Defendant's Counsel for Leave to Withdraw Appearance, the Court grants a rule to show cause why the appearance of Tabetha A. Tanner, Esquire, on behalf of the Defendant, Daniel L. Bricker, should not be allowed to be withdrawn. Rule returnable $' 404? 'tom ?t le. Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. All proceedings to stay meanwhile. V . T J Utz t I" Y Try] -i ? A