HomeMy WebLinkAbout04-5981CHAD WILLIAM MORGAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. 041
STEPHANIE ELAINE MORGAN, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Chad William Morgan, who currently resides at 11
Springview Court, Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is Stephanie Elaine Morgan, who currently resides at 11
Springview Court, Mechanicsburg, Cumberland County, Pennsylvania.
3. The Plaintiff seeks custody of the following child:
Name: - Cameron William Morgan
Date of Birth: January 23, 2004
Address: 11 Springview Court
Mechanicsburg, Pennsylvania
4. The parties were married when the child was born.
5. The child is presently in the custody of Stephanie Elaine Morgan, who
resides at 11 Springview Court, Mechanicsburg, Cumberland County,
Pennsylvania.
6. During the child's lifetime, he has resided with the following persons
and at the following addresses:
Name
Address
Date
Stephanie Elaine Morgan
11 Springview Court
Mechanicsburg, PA
November 16, 2004 -
present
Chad and Stephanie Morgan 11 Springview Court January 23, 2004 -
Mechanicsburg, PA November 16,2004
7. The mother of the child is Stephanie Elaine Morgan, who currently
resides at 11 Springview Court, Mechanicsburg, Pennsylvania.
8. Mother of the child, Stephanie Elaine Morgan is married.
9. The father of the child is Chad William Morgan, who has a legal
residence of 11 Springview Court, Mechanicsburg, Pennsylvania. Mr. Morgan
has not stayed at that residence since November 16, 2004.
10. Father of the child, Chad William Morgan, is married.
11. The relationship of Plaintiff to the child is that of Father.
12. The relationship of Defendant to the child is that of Mother.
13. The Plaintiff has participated as a party or witness, or in another
capacity, in other litigation concerning the custody of the child in this or any
other court. A Restraining Order that contained a temporary custody provision
was issued November 29, 2004.
14. The Plaintiff has no information of a custody proceeding concerning the
child pending in a court of this Commonwealth.
15. 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 child.
16. The best interest and permanent welfare of the child will be served by
granting the relief requested for reasons including the following:
a. The Father has been the primary caregiver of the minor child
since his birth. He has:
i. Planned and prepared meals;
ii. Bathed, groomed and dressed the child;
iii. Purchased, cleaned and cared for the child's clothing;
iv. Arranged medical care, including trips to physicians;
V. Arranged alternative daycare;
vi. Put the child to bed nightly, attended the child in the
middle of the night, and awakened the child in the morning.
b. The child has a psychological bond with the Father.
C. Father is able to provide a stable environment for the child.
17. Each parent whose parental rights to the child have not been terminated
has been named as parties to this action.
WHEREFORE, the Plaintiff requests that this Court grant primary physical
custody of the child to the Plaintiff/Father.
Respectfully submitted,
ABOM & KUTULAMS, L.L.P.
DATE l ?I3e! ?Y ?pc?
Jason P. Kutul
ID No. 8041
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
VERIFICATION
I, Chad William Morgan, verify that the statements made in this Custody
Complaint are true and correct to the best of my knowledge, information, and belief.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unworn falsification to authorities.
Date ?/ 30 0 y WaW 2,111 Ak?
CHAD WILLIAM RGAN
CERTIFICATE OF SERVICE
AND NOW, this 30th day of November 2004, I, Emily J. Filiberti, of Abom &
Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the
foregoing Custody Complaint, upon the Defendant's Attorney by depositing, or
causing to be deposited, same in the United States Mail, Certified mail, postage
prepaid addressed to the following:
Paul Scull, Esquire
151 N. Broadway
Pennsville, NJ 08070
Respectfully submitted,
Abom & Kutulakls, L.L.P.
Emily J
36 Sou Hanover Street
Carlisle, PA 17013
(717) 249-0900
i C.) `?'
CD 7 C i
RJ l~ Fi?
Ln
d
PAUL H. SCULL, JR., ESQUIRE
The Law Office of Paul H. Scull, Jr.
ID# 78006
151 North Broadway
Pennsville, New Jersey 08070
Telephone No. (856) 678-0700
Facsimile No. (856) 678-9366
Attorney for Plaintiff
STEPHANIE MORGAN
11 Spring View Court
Mechanicsburg, PA 17050
Plaintiff,
VS.
CHAD W. MORGAN
11 Spring View Court
Mechanicsburg, PA 17050
Defendant
IN THE COURT OF COMA40N PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FAMILY DIVISION
TERM, 2006
NOTICE TO DEFEND
COMPLAINT IN CIVIL ACTION
26070 DIVORCE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must
take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally
or by attorney and filing in writing with the curt your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
LAWYER REFERENCE SERVICE:
Cumberiand County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
AVISO
Le han demandado a usted en la corte. Si usted quiere defendence de estas demandas expeslas en las
paginas siguientes, usted tieneveinthe (20) dias de piazo al partir de la fecha de la demanda y la notificacion. Ilace falta
ascentar una comparcnoia escrita o en persona o con un abogado y entregar a la corte en forma cscrita sus defenses o
sus objections a las demandas en contra de su persona. Sea avisado que si usted no se defende, la corte tomara
medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a
favor del dedamandante y require usted cumpla con todas las provisiones de esta demanda. Usted puede pender dinero
o sus propicdadcs u otros dorechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE AE30GADO O SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL.
SERVICIO DE REFERENCIA LEGAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
PAUL H. SCULL, JR., ESQUIRE
The Law Office of Paul H. Scull, Jr.
ID# 78006
151 North Broadway
Pennsville, New Jersey 08070
Telephone No. (856) 678-0700
Facsimile No. (856) 678-9366
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
STEPHANIE MORGAN CUMBERLAND COUNTY, PENNSYLVANIA
11 Spring View Court FAMILY DIVISION
Mechanicsburg, PA 17050
Plaintiff, TERM, 2006
vs. NO. 04-5981
CHAD W. MORGAN
11 Spring View Court
Mechanicsburg, PA 17050 CIVIL ACTION - LAW
IN CUSTODY
Defendant
ANSWER TO COMPLAINT FOR CUSTODY
Stephanie Morgan, by and through her attorney, Paul H. Scull, Jr.,
Esquire, hereby files this answer to the Complains: in Custody and avers as
follows:
1. The allegations of this paragraph are admitted.
2. The allegations of this paragraph are admitted in part and denied in part.
The Defendant Stephanie Morgan did reside at 11 Spring View Court,
Mechanicsburg, Cumberland County, Pennsylvania. As a result of
domestic violence and physical abuse levied upon her by the Plaintiff
herein, she has fled for the safety or herself and her child to the State to
the New Jersey, which has granted her temporary custody.
3. The allegations of this paragraph are admitted insofar as Cameron William
Morgan is the minor child of the marriage, insofar as his date of birth is
January 23, 2004 and insofar as his address was 11 Spring View Court in
Mechanicsburg, Pennsylvania, however it is denied that his present
address is 11 Spring View Court in Mechanicsburg, Pennsylvania and
Defendant opposes the Plaintiffs request for custody.
4. The allegations of this paragraph are deemed admitted.
5. The allegations of this paragraph are deemed admitted.
6. The allegations of this paragraph are deemed admitted.
7. The allegations of this paragraph are admitted insofar as Stephanie Elaine
Morgan is the mother of the minor child, however it is denied that she
currently resides at 11 Spring View Court, Mechanicsburg, Pennsylvania.
Specifically, and to the contrary, she was forced to flee the State of
Pennsylvania with the minor child due to a physical assault, levied upon
her by the Plaintiff herein for her safety and the safety of her child.
8. The allegations of this paragraph are admitted.
9. The allegations of this paragraph are admitted.
10. The allegations of this paragraph are admitted.
11. The allegations of this paragraph are admitted.
12. The allegations of this paragraph are admitted.
13. The allegations of this paragraph are admitted.
14.The allegations of this paragraph are admitted.
15. The allegations of this paragraph are specifically denied. The Plaintiff is
aware of the fact that pursuant to a Final Restraining Order under the
Prevention of Domestic Violence Act in the State of New Jersey the
Defendant Stephanie Morgan was given temporary custody of the child,
and has physical custody of the child, as of November 29, 2004.
16. The allegations of this paragraph are hereby denied.
a. The allegations of this paragraph are denied and specifically to the
contrary the mother/defendant has been the primary care giver of
the minor child since his birth and has:
1. Planned and prepared meals.
2. Bathed, groomed and dressed the child.
3. Purchased cleaned and cared for the child's clothing.
4. Arranged medical care including trips to physicians.
5. Arranged alternative day care.
6. Put the child to bed nightly, attendetd the child in the middle of
the night and awakened the child in the morning. The Plaintiff
father herein has performed none of these care giver duties to the
child. The Plaintiff father herein is making a material
misrepresentation to the Court.
b.The allegations of this paragraph are denied and it is believed that the
child has a psychological bond with the mother.
c. The allegations of this paragraph are de=nied. The father has been
unable to provide a stable home environment for the child. Specifically, to the
contrary, the mother is able to provide a stable home environment for the child,
whereas the father provided an environment that was full of physical and mental
abuse, not only towards the Defendant herein, but towards the minor child as
well.
17. The allegations of this paragraph are admitted.
WHEREFORE Defendant requests this honorable court enter a custody
order granting her primary physical custody of the child with appropriate periods
of supervised partial custody awarded to the Plaintiff,
Respectfully submitted,
Date: /z b
i Paul H. ire+-'
ID No. 78006
151 N. Broadway, Ste. B
Pennsville, NJ 08070
(856) 678-0700
Attorney for Defendant
VERIFICATION
I, Stephanie Morgan (Maurer) verify that I am the Defendant in the above
Civil Action and that the foregoing statements made by me are true and correct
to the best of my knowledge, information and belief. I am aware that if any of the
foregoing statements made by me are willfully false, I may be subject to criminal
and/or civil punishment under Pennsylvania law.
Dated: I ZI -71IM-V nOt LAt,, IE ?? -
Stephanie Morgan
CERTIFICATE OF SERVICE
And now, THIS 7T" DAY OF December, 2004, I, Paul H. Scull, Jr., Esquire
of the Law Office of Paul H. Scull, Jr., hereby certify that I did serve a true and
correct copy of the foregoing Answer to Custody Complaint, upon the Plaintiff's
Attorney by depositing, or causing to be deposited, same in the United States
Mail, Certified Mail, postage prepaid addressed to thin, following
Jason P. Kutulakis, Esquire
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
Respectfully submitted,
H. Scu1ll squire
151 Nef Broadway, Ste. B
Pennsville, NJ 08070
(856) 678-0700
r?_a
C`J
11, 1
if7 'l
I,
?i i
CHAD WILLIAM MORGAN,
Plaintiff
V.
STEPHANIE ELAINE MORGAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
: NO. 04-5981
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, this 16`h day of December, 2004, comes the Petitioner, Chad W.
Morgan, by and through his attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS,
L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and
in support thereof avers the following:
1. On or about November 30, 2004, the Petitioner filed a Complaint for Custody in
the above captioned matter.
2. A custody conciliation conference is presently scheduled for December 30, 2004.
3. Respondent has been granted temporary custody of the parties child, Cameron
William Morgan, born January 23, 2004, by Order of Court pursuant to the State
of New Jersey Prevention of Domestic Violence Act, docket number FV-17-
000241-05.
4. Petitioner has not had any custody of his son, Cameron William Morgan, born
January 23, 2004, since November 16, 2004.
5. Petitioner's family intends to celebrate the Christmas holiday this weekend,
December 17, 2004, through December 19, 2004.
6. Respondent has not agreed to allow Petitioner custody over the requested
weekend.
7. Respondent has indicated that she will only allow supervised visitation at the
present time.
8. Respondent is denying Petitioner custodial time with his son.
9. Petitioner believes that it is in Cameron's best interest to have custodial time with
him pending the outcome of the conciliation conference.
WHEREFORE, Petitioner prays that This Honorable Court grant his Petition for
Special Relief and enter an order granting Petitioner custody of Cameron William Morgan for
the Christmas holiday this weekend, December 17, 2004, through December 19, 2004.
Respectfully submitted,
DATE
ABOM & KUTULA.Kis, L.L.P.
n All,
Kara W. Hagg y
ID No. 86914
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Petitioner
VERIFICATION
PURSUANT TO Pa.R.C.P. 1024(c)
Kara W. Haggerty, Esquire, states that she is the attorney for the party filing the
foregoing document; that she makes this affidavit as an attorney, because the party she
represents lacks sufficient knowledge or information upon which to make a verification
and/or because she has greater personal knowledge of the information and belief than that of
the party for whom she makes this affidavit; and/or because the party for whom she makes
this affidavit is outside the jurisdiction of the court, and verification of none of them can be
obtained within the time allowed for the filing of the document; and that she has sufficient
knowledge or information and belief, based upon her investigation of the matters averred or
denied in the foregoing document; and that this statement is made subject to the penalties of
18 Pa.C.S. 4904, relating to unsworn falsification of authorities.
Date: December 16, 2004 .
Kara W. Hagge Esquire
CERTIFICATE OF SERVICE
AND NOW, this 16`h day of December 2004, I, Rhonda D. Rudy, of Abom &
Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing
Petition for Special Relief, upon the Defendant by facsimile and by depositing, or causing to
be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the
following:
Paul Scull, Esquire
151 N. Broadway
Pennsville, NJ 08070
Respectfully submitted,
Abom & Kutulakis, L.L.P.
onda D. Rudy 61
Secretary to Kara W. Haggerty, Esquire
36 South Hanover Street
Carlisle, PA. 17013
(717) 249-05100
?ry
_-? `i
?,..
^? _.. A..?.?,
l \ L l
Q ?+ i
? ? C ? ; ?: ,
0 ? ? ? :?
'e/1
__ -t
? ' ?
_.?.?
? ?,
CHAD WILLIAM MORGAN IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
STEPHANIE E. MORGAN NO. 2004-5981 CIVIL TERM
ORDER OF COURT
AND NOW, this 17TH day of DECEMBER, 2004, upon consideration of
Plaintiff s Petition for Special Relief, and after hearing the p'arties' position as related by
counsel, it is hereby ordered and directed that mother shall deliver the child to the
paternal grandmother at the grandmother's home on SATURDAY, DECEMBER 18,
2004, by 10:00 a.m. and shall pick him up at 6:00 p.m. on the same date. Father may
visit with the child in the presence of the paternal grandmother. However, he may not
arrive at the home until 11:00 a.m. and must leave by 5:30 p.m. in order to assure that he
is not in violation of the Order of Court entered pursuant to New Jersey's Prevention of
Domestic Violence Act.
B
Edward E. Guido, J.
Kara W. Haggerty, Esquire
Paul Scull, Esquire CCO
:sld ?L
G
t• ?-' `,
',
HE 0 3 M5
CHAD WILLIAM MORGAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
STEPHANIE ELAINE MORGAN, : NO. 04-5981
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this q^ day of 2005, upon consideration of the
attached Custody Conciliation report, it is ordered and directed that the following
temporary Custody Order is entered:
1. The Father, Chad William Morgan, and the Mother, Stephanie Elaine Morgan, shall
enjoy shared legal custody of Cameron William Morgan, born January 23, 2004.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy periods of temporary physical custody of the minor child as
follows:
a. On alternating weekends from Saturday at 10:00 a.m. until Sunday at 6:00
p.m. The parties shall exchange custody of the minor child at a location equal
distance between Mother's location in New Jersey and Father's location in
Mechanicsburg, PA, with the location to be at the Lancaster Mall unless
otherwise agreed between the parties.
b. At such other times as agreed upon by parties.
4. Legal counsel for the Father shall contact the Custody Conciliator to schedule a
telephone conference call between the attorneys for the parties and the Conciliator
with the call taking place the first or second week of March. At that time, the
Conciliator will address the status of the current custody situation. Assuming things
are proceeding well, it is anticipated that the Father's periods of temporary custody
should be expanded. In the meantime, the Father shall continue to share through his
attorney with Mother's counsel all information relating to counseling programs the
Father is involved in at this particular time.
5. In the event there are any serious issues that merit immediate attention by the Court,
legal counsel for either party may contact the Custody Conciliator directly to have
this matter expedited before the Court.
6. Father's periods of temporary custody are subject to the conditions that they shall
always be supervised by Father's parents. This includes transportation and at all
times Father has custody of the minor child. This condition for supervision may be
modified in the future depending upon circumstances as the situation changes with
the parties.
BY THE
Judge Edward E. Guido
cc?4}x'a W. Haggerty, Esquire
)Paul H. Scull, Esquire
J?
??b5
0A
0
i
p !(?
'?!, _. _
i
i
CHAD WILLIAM MORGAN,
Plaintiff
v
STEPHANIE ELAINE MORGAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 04-5981
: 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:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Cameron William Morgan, born January 23, 2004.
2. A Conciliation Conference was held on January 28, 2005, with the following
individuals in attendance:
The Father, Chad William Morgan, and his counsel, Kara W. Haggerty, Esquire,
and the Mother, Stephanie Elaine Morgan, with her counsel, Paul H. Scull, Esquire.
3. The parties agreed to the entry of a Custody Order in the form as attached.
e2- d - 0'r, --;?/ '6t
DATE ubertX. Gilroy squire
Custody Conciliator
CHAD WILLIAM MORGAN,
Plaintiff
v
STEPHANIE ELAINE MORGAN,
Defendant
IN THE COURT OF COMMON LEAS OF
CUMBERLAND COUNTY, PEN SYLVANIA
CIVIL ACTION - LAW
NO. 04-5981
IN CUSTODY
COURT ORDER
AND NOW, this ?G day of March, 2005, upon consideration
Custody Conciliation report, it is ordered that this Court's prior Order of
is modified as follows:
1. Father's periods of temporary custody on alternating weekends shall
at 6:00 p.m. until Sunday at 6:00 p.m. Transportation for exchange of
be required to be supervised for father but the requirements of
supervised temporary custody otherwise shall remain in place.
2. The parties may agree between themselves to have father pick up the
home on Friday evening and mother to pick up the child at father's
evening. Absent such an agreement, exchange of custody shall continue to
a location in equal distance between mother's home and father's home.
3. Legal counsel for the parties shall conduct another telephone conference
Conciliator on Wednesday, May 18, 2005, at 8:00 a.m.
V THE COURT,
Judge Edward E. Guido
e
.,.,Oaul H. Scull, Esquire H rt E C
cc /ara W . agge y, sq?u` i r
7
OR21200
the attached
uary 4, 2005
from Friday
tody will not
ther having
l at mother's
e on Sunday
take place at
all with the
r?
o :5 >>t• H gal
711fia40-031L,
CHAD WILLIAM MORGAN,
Plaintiff
v
STEPHANIE ELAINE MORGAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 04-5981
: IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL I RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits he following
report:
1. The Conciliator spoke with the attorneys for the parties on the telephone. Based
upon that conversation, the Conciliator recommends an Order in i he, form as
attached.
3_21-- 09-DATE
Hubert X. Gilroy, E
Custody Conciliator
STEPHANIE ELAINE MORGAN
on behalf of herself and
minor child, Cameron
William Morgan,
Plaintiffs
V.
CHAD WILLIAM MORGAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-5981 CIVIL TERM
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 12th day of April, 2005, bail is
set in this matter in the amount of $1,000.00 unsecured. The
Defendant is directed to appear for trial on Thursday, May 12,
2005, at 2:30 p.m.
Matthew P. Smith, Esquire
+-I"Office of the District Attorney
e;, ,
,K'ara W. Haggerty, Esqui:
For the Defendant
r' Sheriff
..Aa CCP
Victim - Witness
( Court Administrator
srs
o q -wo-5
Probation - ?,c „-".4
n.?l
L 1 ;! i + 1 , SHUT
PAUL H. SCULL, JR., ESQUIRE
The Law Office of Paul H. Scull, Jr.
ID# 78006
151 North Broadway
Pennsville, New Jersey 08070
Telephone No. (856) 678-0700
Facsimile No. (856) 678-9366
Attorney for Plaintiff
: IN THE COURT OF COMMON PLEAS
STEPHANIE E. MORGAN CUMBERLAND COUNTY, PA
FAMILY DIVISION
Plaintiff,
vs. : NO. 04-5981
CHAD W. MORGAN
CIVIL ACTION - LAW
IN DIVORCE
Defendant
PLAINTIFF'S RESPONSE TO DEFENDANT'S RULE TO SHOW
CAUSE REQUESTING COUNSELING
Respondent, Stephanie E, Morgan, by and through her attorney, Paul H.
Scull, Jr., Esquire of the Law Offices of Paul H. Scull, Jr. files this response
pursuant to the Court's Order dated April 7, 2005 and received by counsel for the
Respondent on April 11, 2005.
1. The Defendant/Petitioner is Chad W. Morgan, an individual residing at 11
Spring View Court, Mechanicsburg, Cumberland County, Pa.
2. The Plaintiff/Respondent is Stephanie E. Morgan, an individual residing at
40 Lenape Drive, Pennsville, NJ 08070.
3. A divorce complaint was filed by the Plaintiff/Respondent on December
14, 2004 based upon the grounds set forth in Section 3301 §3, 3301 §d
and 3301 § a6-
4. The Plaintiff/Respondent does not desire to attempt reconciliation under
the provisions of the divorce code. The reasons set forth are as follows:
a. Throughout the course of the marriage and even after the parties
had separated the Defend ant/Petitioner was engaged in a verbally,
mentally and physically abusive conduct towards the
Plaintiff/Respondent. A copy of this history is attached hereto as
Exhibit "A".
b. In addition the Defendant/Petitioner was sentenced before the
Honorable Judge Guido on April 11, 2005 to 24 months
intermediate punishment based upon simple assault charges for an
assault he committed on the Plaintiff/Respondent. This
intermediate punishment included very specific conditions, included
in those conditions was for the Defendant/Petitioner to have no
contact with the Plaintiff/Respondent for any reason nor for the
Defendant/Petitioner to be within thirty feet of the
Plaintiff/Respondent herein at any time. The Judge also reiterated
to the Defendant/Petitioner herein that all communication with the
Plaintiff/Respondent must be done through the party's respective
attorneys, and that the Plaintiff/Respondent has a right to a life free
of the Defendant/Petitioner.
c. Immediately after that sentencing the Defendant/Petitioner was
arrested and charged with a second criminal contempt for violating
a restraining order issued out of the State of New Jersey and its no
contact provision. He was immediately taken into custody and
released on $1,000 unsecured bail. A hearing for this violation
has been scheduled for May 12, 2005 at 2:30 PM before Judge
Guido. The Defendant/Petitioner has been told on numerous
occasions via correspondence from counsel for the
Plaintiff/Respondent as well as from the Plaintiff/Respondent
herself that she does not wish to attend any counseling sessions or
reconcile the marriage.
d. In addition there is a restraining order that has issued out of the
state of New Jersey that prohibits any contact whatsoever between
the plaintiff and Defendant/Petitioner except to discuss matters
concerning the child.
e. Given these factors, and the Defendant/Petitioner's physical, verbal
and emotional abuse, as well as, the court orders prohibiting
contact between the parties, it is unlikely that counseling would
change the Plaintiff/Respondent's mind in any way whatsoever,
and given the court Orders from the State of Pennsylvania and
New Jersey it would be inappropriate for a Court to Order
counseling.
f. In addition Plaintiff/Respondent feels this is merely another way of
the Defendant/Petitioner controlling her life, and forcing her to be in
his presence, which is emotionally and physically unsettling to her.
g. In addition as the court is well aware a divorce complaint was filed
by the Plaintiff/Respondent on December 14, 2004 and the 120
day time limit for said counseling sessions expired on April 14,
2005, seven days prior to the return date of this rule.
WHEREFORE the Plaintiff/Respondent requests that this honorable court
deny the Defendant/Petitioner's request to require the parties to attend up to
three counseling sessions within 120 days of the filing of the complaint for
divorce.
Date:
L H. SCULL, JR., ESQUIRE
Attorney for Plaintiff/Respondent
Stephanie E. Morgan
Stephanie Morgan
\`?? Violence and Patterned Abuse Report
v?? 1996-2004
May 1996
I was still living in New Jersey and went to see Chad at a friends' house in Lancaster.
She had just starting seeing one of Chad's friends and I was seeing Chad. We went and
played doubles tennis together and Chad and I lost. He threw his racket into the fence.
January 1997
Leymone. We had been to a New Year's party at the house of a friend of mine. We went
back to Chad's house (where he lived with three to four other men), and were supposed
to resume celebrating there. We got into an argument and I tried to leave his room (it
was in the attic). He jumped in front of me on the steps and pushed my head backwards
against the stairs. He covered my mouth when I screamed.
July 1997
Gifford Pinchot Park. Chad and I had gone to an afternoon movie and then were on our
way to walk around the park. I was driving. Chad was irritated by my driving and
because I was chewing gum. We were arguing in the car and when we got out, the
arguing continued and Chad swung and punched me in the stomach. Onlookers saw what
happened and called the park ranger who met us promptly as we tried to exit the park.
They separated us and got a report and Chad had to appear in a small court in Dillsburg in
September of that year. When we got back to our house in Lewisberry, Chad cried (I had
never seen him do that before) and apologized and said that he would never do that again.
When we appeared in court, the witnesses didn't show, but the ranger did. I lied and said
that he hadn't hit me. The judged dismissed the charges.
April 1999
Bachelor Party. Chad was arrested, charged, and pled guilty to disorderly conduct at a
bar in State College. I don't know all of the details of that evening, but as Chad told it to
me, he and his friends were leaving a bar. When he realized he'd left a friend behind, he
tried to get back into the bar to get his friend so that they could leave. The bouncers got
physical with him and threw him to the floor and began punching him. He was taken out
of the bar in handcuffs and was driven behind the bar (I believe) where they ticketed him
and let him go. He pled guilty (or no contest, I don't know which).
May 2000
New sneakers. We hadn't been married a year yet. Prior to getting married, we had
never had a joint checking account. While we lived together, we split the bills. l wanted
to get some new sneakers. I asked Chad about it, and he said no, I told Chad that I had a
job and should be free to buy some new sneakers. He disagreed. Eventually, when we
had had enough annoying discussions and arguments about it, he said that he wanted to
see my shoes. He'd said that when he was growing up and needed new shoes, his Dad
would examine his old ones and determine whether or not he needed new ones. I told
him that I found that humiliating. He told me to just bring them to him. When 1 did, he
told me they were fine and that I didn't need new ones. The conversation was dropped.
Shortly afterwards, I had gone home to visit my dying Grandmother. When I got home, I
was doing laundry and noticed that Chad had bought some new blue shorts. I asked him
if they were new and he said that he'd bought them because he'd grown out of his
(perfectly good otherwise) shorts. He said that he'd felt guilty when he'd bought them
because he'd told me not to buy new sneakers. So, he permitted me to buy sneakers.
July 2000
We had gone to a wedding and visited my brother's son who was just home from being
bom. Chad had said that my new nephew looked like an ugly, yellow alien. I told him I
was offended. We were parked in front of our townhouse and he grabbed my hair and
slammed my head on the steering wheel.
June 23-27, 2001
Virginia Beach vacation with friends. We went to Virginia Beach with some friends for a
few days. Chad had insisted that we go to Hooters for lunch. Chad had said that Hooters
had great food and that I would like it. I ordered the famous chicken wings. When my
wings arrived, they had a feather sticking out of them. I was disgusted by it and wanted
the waitress to take them away and take them off of my bill. Chad insisted that I eat
them. He said that there was nothing wrong with them. I told him that I know cows have
fur, but I don't need to see it on my burger. He said I was making a scene and that I
should just eat them. So, I did. I went to use the salt shaker, and there was a fly in it. I
wanted to vomit. Chad said that I was embarrassing him, so, I left the dinner ...which
embarrassed him more.
On that trip, the four of us were sharing a hotel room in Virginia Beach. Chad had been
irritated by his friend's wife because she was taking too much charge and was too
opinionated. As a result of the Hooters incident, we had gotten into an argument in the
hallway. I turned my back to Chad and he hit me in the back with a bottle. He took off
after that. I went and told Chad's friend that he'd hit me and that I didn't know where he
went. He went and talked to him. He was the only one who may have ever known.
January 2002 New Year
Mutual fight. It was New Year's Eve and we were at a party at our friends' house. At the
time, my Grandfather was in the hospital, my Dad was sick, my Mom was being tested
for cancer, and Chad's Grandmother was in a nursing home. I told Chad I wanted to leave
the party. He was angry that I had ruined his night. When we got out to the car, he
punched the door of my Jeep three times and caused damage that we had to have repaired
(I believe at Nick's Auto Repair in the Harrisburg area near where Chad works). At
home, he put his foot through the door of our bedroom and I broke my bathroom vanity
and threw the phone into the wall, causing a hole in the wall. There was some physical
confrontation as well.
Summer 2002
Chad and I had purchased his parents' motor home and were cleaning it at their house. I
was standing on a ladder with a telescoping broom, cleaning the awning. Chad was
telling me how he wanted the awning cleaned, and I told him that he could do it. He got
mad and broke the telescoping brush. We argued with each other and he told me he
wished I would just f-ing die.
Fall 2002
Chad was going to the Wildware store in the Camp Hill Mall. He was turning left into
the Mall from Trindle Road. There is a sign at the light there that says No Turns from
Shoulder. Chad was making a tam from the shoulder where a man was standing. The
man shook his finger at Chad and pointed to the sign. Chad gave the man "the finger."
The man walked over to where Chad parked and Chad saw him recording his license
plate information. Chad told the man that he couldn't do anything to him. Chad received
a citation in the mail. He defended himself in court and lost.
February 2003
We had almost lost our dog. Chad was stressed and upset about it and took it out on me
with another physical bout. I don't remember exactly what happened, but I remember
him saying that we'd gotten so close while the dog was sick and then I had to go and ruin
it. He asked why I couldn't just be happy.
2003 Notes
I was trying to get pregnant and we were preparing to build a house. We had several
fights about the house, but since I was pregnant, Chad never hit me.
January 18, 2004
My family threw us a makeup baby shower, since our first one was snowed out.
Afterwards, our friends came over to go to dinner. I drive to Market Cross Pub. It was
snowing. I was having contractions and was trying to drive. Someone in front of me was
going 10 MPH, so I went to pass. Chad yelled at me to get back into my lane and went
on a tirade about responsible driving once his son was born. Chad told me that I couldn't
get into the left lane, although my exit was to be made from the left lane. Our friends
were in the back seat and husband (Chad's best friend) encouraged his wife not to say
anything on my behalf because it would just make things worse for me.
January 25, 2004
The first night home from the hospital, I wanted to put my son to bed. Chad was telling
me I was doing it wrong. I began crying. He grabbed and squeezed my arm and asked
why I would do that when we'd just gotten home. He told me that we had a child now
and that I couldn't provoke as I had. My Mom was with us at the time, but didn't hear us
arguing.
Early February, 2004
When I was officially able to drive, I went to Babies R Us to get some things for
Cameron. I left Cameron with Chad because he'd volunteered to keep an eye on him. I
wasn't gone an hour when he called me and said that he wanted to know where the
bottles were and how to feed him because he'd been crying since I left. I told him I
would get home right away. He was angry that I'd not told him he could feed Cameron
whenever he wanted to. He told me that he could understand why people snapped on
their children. He said that Cameron had cried so much that he'd put him in his swing
and walked away.
February 20, 2004
I don't recall what this particular argument was about. I only remember that Chad
punched me in the nose. After that, he went into the nursery and sat in the rocker. I went
in and asked him to leave the nursery because I didn't want him using my son's room as a
refuge.
My nose bled and I had black eyes and a nose by the next day. At the time, I was still on
maternity leave. No one saw me except for his parents. His mother asked about my nose
and I told her that I had dropped a crib toy from the top shelf of Cameron's closet onto
my nose. The evening this argument occurred, I called 911. I didn't speak to anyone.
Instead I hung up. They called back, but I didn't answer the phone. Two officers came
out to the house. I told them no one had called and that everything was fine.
Easter 2004
We went to church for Easter. Shortly after, we had another physical bout where he told
me that I needed to stop trying to change him. He wasn't the church-going type and he
never would be.
Early summer, 2004
Chad had just returned from a business trip. I was not home waiting when he arrived, but
got there shortly afterwards. Apparently, on his previous business trip, the same thing
had happened. He was trying to initiate sex and I was trying to make myself more
comfortable. He broke into a tirade of screaming and pushing that lasted for hours.
Late summer, 2004
We were headed to a drive-in movie with Cameron on 83 in Harrisburg. A truck was
tailgating Chad, so he decided to speed up and slow down to trap the truck. He
eventually reached speeds over 100 MPH down the highway.
September 30, 2004
Hotel in Zermatt. After a long day of traveling from the US to Switzerland, we began our
day by walking through Zermatt. Chad was telling me to speed up and slow down while
we were walking. I was carrying Cameron on my back and was having a hard time
keeping the right pace as we walked (mostly uphill). He grew increasingly frustrated
with me. We had to view the top of the Matterhorn separately because Cameron couldn't
make that trip. Chad's ascent took about 2 hours. I was concerned and told him that
when I returned. He was angry that I was upset and made me apologize. We eventually
returned to our hotel for a nap before our dinner reservations. At dinner, we had fed
Cameron some different foods. Cameron later had a bowel movement, and I went to the
bathroom to change him, but there wasn't a changing place. I returned to our table and
told Chad that I needed to go to the hotel so that I could change Cameron. On my way
down the steps, Cameron vomited the entire contents of his stomach on me. I went and
told Chad and left to go bathe Cameron and clean myself up. While I was cleaning
Cameron, Chad began coming on to me. I rejected him partially because of his behavior,
partially because I was covered in vomit and feces, and partly because I had just began
my menstrual period. Chad was frustrated by my lack of affection and said that any other
woman would be thrilled to have their husband attracted to them and complimenting
them all the time. He then said that maybe he would come on to someone else. I told
him to go ahead. The verbal argument escalated. While Chad was holding Cameron,
who was crying, he pushed me in the shower and was screaming at me. He punched me.
He grabbed me by the throat and pushed me backwards again, screaming that he could
kill me.
October 1, 2004
All the way from Zermatt to Munich, I thought, for the first time, about leaving Chad. I
would have had a week while he was still in Europe to get my act together with a lawyer
and to follow proper procedures. I didn't tell him. He asked me what was wrong and I
told him I was scared that he'd said he could kill me. He told me that no matter how mad
he ever got, there was a line that he just wouldn't cross. Like, he'd never punch me in
my face. He told me I wasn't the classic "battered woman," and that I had a great life.
October 3, 2004
Chad wanted to put Cameron to bed. Cameron began crying when Chad took him from
me. The more Cameron cried, the angrier Chad got...at me. He told me, "I blame you
for this. He's afraid of me. He doesn't respond to me. You smother him with affection.
He's scared of me. I can sense it. He's going to hate me and I blame you for this. I
didn't even want to have an f-ing kid. I didn't want this. This is all your fault." I agreed
with everything he said and remained still and silent because he was holding my son.
The next day, he said he was glad that I didn't say anything to him and that if I could just
be like that all of the time, our life would be great ...if I could just understand that he
couldn't control himself, we would be fine.
October 7, 2004
Drinking was involved this evening. Dinner conversation with Chad's boss and his wife
changed when Chad said that he wore the pants in our house and I just deal with it. He
told me that I should just want to be June Cleaver ...that I should be more subservient. I
scoffed and he became visibly angry about that. While walking back to our hotel (about
4 small blocks), he asked me to "give [him] [his] son." I said, "Yeah he's your son when
you don't have to change a diaper, clean up puke or do anything else gross." At that
point, he punched me in the mouth while he was holding Cameron. I punched him in the
left eye with my left hand. He sat Cameron on the sidewalk so that he could punch,
shove, and pound on me, knocking me into a storefront window. A passerby witnessed
and dialed 911. I asked him not to because I didn't know what would happen in a foreign
country. Chad gave Cameron to me and we went our separate ways. When he returned
to the hotel room, he asked if I was going to leave him and I said yes. I told him that it
was in my best interest to do so. I asked him if we could agree that Cameron was our
first priority. He said that I am his first priority and he should be mine. He said he
wouldn't have anything without me and that his life would be over. For several days
after, he kept asking if I was really going to leave him.
While he was still in Germany he called me and asked me about work. It had been rough.
I tried to tell him that work was very difficult and that I thought I should get a new job.
He said that he had enough problems of his own and didn't want to talk about it.
November 10, 2004
Chad and I were in bed. He was complaining about the manner in which I was snuggling
with him (that I wasn't positioned right and that I was clearly uninterested). I rolled over
and pushed some covers out of the way and he erupted with a yell about how
unaffectionate I was. The verbal argument escalated until he punched me. I tried to
punch him back and missed. He began swinging at me and wrestled me to the floor. He
had me in a choke hold. I was telling him that it was the last time he'd hurt me and that I
was going to leave. He was telling me to shut the "f' up and to stay still. I told him that I
was choking and couldn't breathe. He told me to shut up again. I told him that I couldn't
breathe again and tried to get the hair out of my mouth. He tightened his hold on me and
screamed some more about how I should stay still and just listen to him. When he let me
go, I caught my breath and ran at him. He knocked me down again and, while standing
over me, began punching me in the head and kicking me in the back. Then he got on the
floor and was hitting me at closer range. He then punched the floor and broke his hand.
November 14, 2004
At the hospital, the man who admitted Chad was asking him questions. He asked Chad
how he hurt his hand, and Chad replied that he broke it hitting a wall. The man shook his
head, and Chad told him he wasn't looking for his f-ing sympathy.
After our trip to the hospital to have Chad's hand assessed. Chad was upset that I was
unresponsive. He grabbed my arm in the lobby of Legend's when I attempted to leave
and asked me what I was doing and why I was making a scene. I told him I wanted to go
home. He refused. He held onto my arm and proceeded to berate me. We eventually got
into my car so that I could drive to Legend's. He screamed and yelled at me in the
parking lot there and was kicking his x-rays (they were on the floor of the passenger seat)
and the dashboard and banging on the dashboard. When we got to Your Place parking lot,
the screaming resumed. We got out of the car and he berated me enough that I got back
in. When we went to get out again (after more yelling and screaming), he began to move
to the back of the car to get Cameron out. I contemplating starting the car again and
driving a way, and tried to pull it off, but failed. He was very angry and got in the car
again and resumed screaming.
November 15/16,2004
As reported to the police, I had fallen asleep Monday night. Around 10 PM, Chad asked
me to snuggle him. I did for about an hour, and then got hot. I changed into a football
jersey (from sweatpants and a sweatshirt) and resumed snuggling with Chad. After
awhile, Chad rolled over to snuggle me. He always placed his wrist sideways between
my breasts. I told him repeatedly that that was not comfortable. That night was no
exception. He then tried to stroke my hair and I politely groaned first and then moved his
hand away the second time (we have never been a hair-stroking couple). He grew
frustrated and rolled away from me. As I moved back to my side of the bed, he told me
that it really sucked being married to someone who showed no affection. As with
Wednesday night, I told him that it was difficult to be affectionate with someone who
treated me so badly all day long. He insisted that it was my fault and that it sucked to be
married to me. I picked up the baby monitor and left the room. I told him that I couldn't
believe that after six days straight of belittling and beating on me, he couldn't be nice to
me for 24 hours straight. I then left the upstairs bedroom and went downstairs to the
guest room.
Chad came down to the guest room and told me to move over. I said no. He said to
move over because he wanted to talk to me. He proceeded to tell me that I should be
flattered by his affection, and that he was disturbed that I have no affection for him. I
tried to say that I hadn't done anything, and the more I defended myself, the more irate he
got. He raised his carted hand at me. I said, well, you can't hit me, you broke your hand.
Are you going to hit me? He said, probably. I told him to go ahead. And so, he did. He
jumped onto the bed and hovered over me, punching me in the back of the bead and neck.
He was also kneeing me in the back. I was crying and telling him that it was the last
time. Every time I did, he punched more. When he let me up, I went to the phone and
dialed 911. He asked me what I was doing, grabbed the phone and hung up. We knew,
from experience, that they'd call back. When they did, I told him he'd better go put some
clothes on because the police would be on their way this time. I stayed on the line with
the dispatcher until the police arrived. Officer Dowors talked to me briefly and then went
upstairs and brought Chad down. Chad had taken his soft cast off. I asked him why he
did. He denied breaking his hand and denied hitting me. Office DowWasked me what I
wanted him to do, and I said, "Arrest him. I don't know, what do you do?" He asked if
we could speak privately and I said yes.
We talked at length about the situation. He said that because I didn't have any physical
signs of abuse from that night, it'd be hard to mount a domestic violence case against
him. I showed him the bruises I had from Wednesday. I knew that if I said to arrest him
and if I told my family what was going on, that our marriage would be over. I wasn't
prepared for that, so I decided that I would fill out a report and email it to Officer Dowis-
I would also take photos of my bruises. We left the guest bedroom and went into the
great room. Officer Dow?s told Chad that I had decided not to do anything tonight, but
that I had thirty days to change my mind. He said that he wasn't arresting him tonight,
but that if he came back again, Chad would be going to jail. Chad said that if he came
back again, I would be going to jail. He was just as much a victim as I am. He said that
next time, he'd just pick up the phone first. After that, I told the officers to arrest him. He
asked me what I was doing and if I really wanted that.
Other notes
• We had gone to his best friend's house for our first "game nnwt." We were
playing Trivial Pursuit (men vs. women) and the women em, mostly because I
knew the answers to obscure questions. His best friend proceeded to insult me for
W,n
about a half hour about how stupid women are, how lucky we were to have o1W,
and how the game had been tilted in our favor. I eventually told him to "Blow it
out his ass." Chad got very angry with me about that.
• He joined a golf league at Highmark and constantly had confrontations with
people there.
• He played church basketball with a friend and had a confrontation there.
• He played in work-related sporting events and repeatedly lost to his co-workers
and had confrontations there.
• Chad has a theory that things are fine with us, and that he makes mistakes here
and there that I save up. Every three months or so, I make up my mind to make a
point with him and try to make him feel like a monster. Those are the times when
there was violence and intimidation involved. He said that I knew which buttons
to push and did so intentionally.
• He was constantly questioning my sexuality.
• He once bit my lip right before we were going to have sex because I wasn't
kissing him right. Otherwise, there was no sexual abuse.
• 1 asked Chad if I could go to counseling to be a better wife to him. He said that if
I'd talked to anyone about this, it's over.
• When Chad's Dad slapped his mother in the mouth this year, he said that his
Mom was at fault for telling me and for getting angry and leaving.
• Chad repeatedly told me:
• It's not like I am a wife beater or you are abused. There's a line that I would never
cross. I'd never hit you in the face. But, you know how to push my buttons. You
can see things escalating. Why can't you just shut the f up and swallow your
pride and get over it?
• We have a magazine rack in our office that used to have a door on it. Chad had
gotten mad at me once and kicked the door of it in. We still have it...it just
doesn't have a door.
OCD Notes
• Kitchen - Chad does not get his own drinks from the refrigerator, does not cook,
does not use faucets without me checking them to see that they're off
• Dogs - Chad rarely lets the dogs out or feeds them
• Chad has a nightly ritual of checking his keys, wallet, watch, planner, card key,
ring. He once changed the order and I got it wrong. Whenever I got it wrong, he
would get angry and belittle me.
• I have to wait for Chad to leave the house in the morning so that I can leave after
hirn and "shut down the house."
:?) ~ ? ( 1
o ,?
a
-1
_ -1. T?
,ti:
?.J I-1
--
C_ 1
..:. - ,i
?..' 1
CERTIFICATE OF SERVICE
AND NOW, this L day of April, 2005, 1 Paul H. Scull, Jr., Esquire of
the Law Offices of Paul H. Scull, Jr., hereby certify that I did serve a true and
correct copy of the foregoing Request for Counseling, upon the Respondent by
depositing, or causing to be deposited, same in the United States Mail, First-
class mail, postage prepaid addressed to the following:
Kara W. Haggerty, Esquire
36 South Hanover Street
Carlisle, PA 17013
Respectfully submitted,
LAW OFFICES OF PAUL H. SCULL, JR.
.PaOl H. Scdl, Jr.maySte. ID #7806
151 North Bro Penns
ville, NJ 08070
(856) 678-0700
Attorney for Respondent
STEPHANIE ELAINE MORGAN, : IN THE COURT OF COMMON PLEAS OF
on behalf of herself and : CUMBERLAND COUNTY, PENNSYLVANIA
minor child, Cameron
William Morgan,
Plaintiffs
V.
CHAD WILLIAM MORGAN, NO. 04-5917 CIVIL TERM
Defendant NO. 04-5981 CIVIL TERM
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this 12th day of May, 2005, the Defendant
having admitted that he is in contempt of the terms of the
protection from abuse order, he is so adjudicated.
The Defendant having appeared for sentence and
having waived a sentencing report, sentence of the Court is
that he be placed on probation for a period of six months
with supervision and subject to the same terms and
conditions of his prior intermediate punishment sentence.
Said sentence to date from today's date and to run
concurrent with any other sentence he is currently serving.
By the.- ou
Edward E. Guido, J.
Matthew P. Smith, Esquire Probation
Assistant District Attorney
:lfh
John J. Abom, Esquire
Private Counsel
STEPHANIE ELAINE MORGAN, : IN THE COURT OF COMMON PLEAS OF
on behalf of herself and : CUMBERLAND COUNTY, PENNSYLVANIA
minor child, Cameron
William Morgan,
Plaintiffs
V.
CHAD WILLIAM MORGAN, NO. 04-5917 CIVIL TERM
Defendant NO. 04-5981 CIVIL TERM
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the
HONORABLE EDWARD E. GUIDO, J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Thursday, May 12, 2005, commencing at 3:30 p.m.
in Courtroom Number Five
APPEARANCES:
Matthew P. Smith, Esquire
Assistant District Attorney
For the Plaintiff
John A. Abom, Esquire
Private Counsel
For the Defendant
1 MR. SMITH: Your Honor, this is the case of
2 Stephanie Morgan versus Chad Morgan, civil number -- this is
3 Cumberland County docket number 04-5917, and it's based upon
4 a New Jersey PFA.
5 THE COURT: I'm sorry. I have 5981.
6 MR. ABOM: We have 5917.
7 THE COURT: My order scheduling this hearing
8 is at 5981 which, I guess, is a divorce action.
9 MR. ABOM: And the number we have is 04-5917.
10 Is that the number that you have?
11 MR. SMITH: 04-5917. That's the number I
12 have.
13 THE COURT: That's the PFA docket. The bail
14 information sheet has 04-5917 civil term.
15 MR. SMITH: The divorce says 04-2661.
16 THE COURT: I'm looking right at it. My
17 order is 04-5981 scheduling this hearing and setting bail in
18 the amount of $1,000.00 unsecured.
19 MR. SMITH: They may have redocketed it from
20 your number, but originally Judge Oler had entered --
21 withdrawn the local petition and entered the New Jersey
22 order as the final order for this county.
23 THE COURT: Just list :both docket numbers.
24 MR. SMITH: Okay. But just in case it's New
25 Jersey PFA FV-17-000241-05. Your Honor, we've come to a
2
1 recommendation in this case. First, the Commonwealth
2 specifically withdraws the April 2nd allegation as to
3 e-mails of the children.
4 Second, it's my understanding that Mr. Morgan is'
5 going to plead guilty to, on December 6th, 2004, leaving a
6 letter on the table addressed to her, Stephanie. This would
7 be in violation of the New Jersey order and admitting the
8 allegation, that allegation, would be in full satisfaction
9 of all other allegations.
10 In return we would recommend or we would have no
11 objection to probation in this case. He is now, as was
12 discussed prior, on criminal probation for his criminal
13 case. The Commonwealth feels that is sufficient in this
14 case, and I believe now that Mr. Morgan knows now what is
15 acceptable and what is not acceptable.
16 THE COURT: Are you prepared to admit that
17 you did what the DA said?
18 THE DEFENDANT: Yes, sir.
19 THE COURT: You understand if you do, that
20 you could be sentenced up to six months in prison and fined
21 up to $1,000.00?
22 THE DEFENDANT: Yes.
23 THE COURT: Okay. We'll accept the plea to
24 being in contempt. And now, today's date, the Defendant
25 having admitted that he is in contempt of the terms of the
3
1 protection from abuse order, he is so adjudicated.
2 What probation -- how much orobation did you get
3 on the criminal charges?
4 THE DEFENDANT: Two years.
5 MR. SMITH: On April 12th, 2005, you imposed
6 IP for 24 months.
7 THE COURT: Okay. And now, today's date, the
8 Defendant having appeared for sentence and having waived a
9 sentencing report, sentence of the Court is that he be
10 placed on probation for a period of six months with
11 supervision and subject to the same terms and conditions of
12 his prior intermediate punishment sentence.
13 THE COURT: Okay. Good luck.
14 MR. ABOM: Judge, I realize you've imposed
15 sentence. Mr. Morgan just wants to very briefly address the
16 Court.
17 THE DEFENDANT: I just want to express that I
18 completely understand now what a PFA is. I'm not sure I got
19 it up front. I have to go to New Jersey to do this ail
20 again because she's -- the relationship is over, and there
21 will be no more communication. Don't worry.
22 THE COURT: That's one giant step. Good
23 luck.
24 THE DEFENDANT: Thank you.
25 THE COURT: Said sentence to date from
4
I today's date and to run concurrent with any other sentence
2 he is currently serving.
3 (Whereupon, the above proceeding was
4 concluded.)
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
5
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
the same.
T4 L) o riz4 I e Lj?
Laura F. Handley
Official Court Reporter
The foregoing record of the proceedings on the
hearing of the within mat
directed to be filed.
$131os
Date
Edward E. Guido, J.
?_? ?^
,?
CHAD WILLIAM MORGAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 04-5981
STEPHANIE ELAINE MORGAN, : Civil Action - Law
Defendant : In Custody
WITHDRAW OF APPEARANCE
Kindly withdraw my appearance on behalf of the Plaintiff, Chad W. Morgan, in
the above-captioned matter.
Respectfully Submitted,
Kara Haggerty, re
36 South Hanover reet
Dated 0$(29 105 Carlisle, PA 17013
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of the Plaintiff, Chad W. Morgan, in the
above-captioned matter.
Respectfully Submitted,
SAIDIS
HUFF FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
?-?
Marylo atas, Esquire
Saidis, uff, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
(717) 243-6222
(717) 243-6486 - facsimile
Dated: Counsel for Defendant
912165
CERTIFICATE OF SERVICE
I hereby certify that on this 6th day of September, 2005, a true and correct
copy of the foregoing document was served upon the party listed below, via First
Class Mail, postage prepaid, addressed as follows:
Kara Haggerty, Esquire
36 South Hanover Street
Carlisle, PA 17013
Paul Scull, Esquire
151 North Broadway
Pennsville, NJ 08070
anne M. Bartley
Paralegal to Marylou Matas, Esquire
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORMYS-AT•LAW
26 W. High street
Carlisle, PA
hJ
i:>
r_
u?
--1
?'l
-, S
r,???
f _n?n
Gl
- tj 4i
:_
7
C
-y .
?
_
---?,
??
- C.1
-• C.J fT
i
""
?! _:?
K
,RECEIVED SC0 2 3 295
ti
CHAD WILLIAM MORGAN,
Plaintiff
v
STEPHANIE ELAINE MORGAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5981
IN CUSTODY
COURT ORDER
CIVIL ACTION - LAW
Der ?cS
AND NOW, this I S day of Segtomb4 r, 2005, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. of the Cumberland County
Courthouse on the f :3 r' day of , 2009; at _q ; 30 in.
At this hearing, the Father shall be a movin 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 the anticipated testimony of each witness. This
Memorandum shall be filed at least five (5) days prior to the mentioned hearing
date.
2. Mother may proceed with having a custody evaluation performed by an evaluator
selected by the Mother on the condition that Mother pays the costs associated with
that evaluation. Father shall cooperate with the evaluator for purposes of
attending any evaluation sessions that are required in order for the evaluator to
complete the custody evaluation in this case. The evaluator shall act as an
independent evaluator even though Mother is incurring expenses with respect to
the evaluation, and the evaluator shall share the results of the evaluation with legal
counsel for both parties, either via producing a report or speaking with legal
counsel.
3. Pending further Order of this Court, this Court's prior Order shall remain in
effect.
BY THE COURT,
Cc: a ylou Matas, Esquire
/ ul H. Scull, Esquire
Jud
ge
9*c:
.03
?O
_.,,, i
8 S :I JJJ 6- 190 5003
CHAD WILLIAM MORGAN,
Plaintiff
v
STEPHANIE ELAINE MORGAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5981 CIVIL ACTION - LAW
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
The Conciliator spoke with legal counsel for the parties and recommends an Order in the
form as attached based upon that conversation.
Date: ?-o 3-- D S
Hubert X. Gilroy, E
Custody Conciliator
CHAD WILLIAM MORGAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
STEPHANIE ELAINE MORGAN,
Defendant : NO. 04-5981 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 18`h day of October, 2005, due to a conflict in the Court's
schedule, the hearing previously scheduled in the above matter for January 13, 2006, is
rescheduled to Thursday, February 9, 2006, at 9:30 a.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
,Marylou Matas, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
r/Paul H. Scull, Jr., Esq.
151 North Broadway
Pennsville, NJ 08070
Attorney for Defendant
k
:rc
l n ?vi7Si1
J ?kf
CHAD W. MORGAN,
Plaintiff
v
STEPHANIE E. MORGAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-5981 CIVIL TERM
IN RE: COMPLAINT FOR CUSTODY/TEMPORARY ORDER
ORDER OF COURT
AND NOW, this 9th day of February, 2006, upon
consideration of Plaintiff's Complaint for Custody with
respect to the parties' child, Cameron William Morgan (date
of birth January 23, 2004), and following a hearing held on
this date which has not yet been completed, pending further
Order of Court it is ordered and directed as follows:
1. Legal custody of the child shall be
shared by the parties.
2. Primary physical custody of the child
shall he in the Mother.
3. Temporary or partial physical custody of
the child shall be in the Father on alternating weekends
from Friday at 7:00 p.m. until Sunday at 7:00 p.m.;
provided, that on such a weekend where the following Monday
is a federal holiday, a period of temporary or partial
physical custody shall extend until Monday at 7:00 p.m.
4. Exchanges of custody shall take place at
a location equidistant from the parties' residence; and
5. Nothing herein is intended to preclude
the parties from deviating from the custodial terms of this
order by mutual agreement.
By the Court,
Mary Lou Matas, Esq.
26 West High Street
Carlisle, PA 17013
For Plaintiff
Paul H. Scull, Jr., Esq ire
151 N. Broadway
Pennsville, NJ 08070
For Defendant
mae
C_t.4
lT4.i
_ 7
?> ??
?J qy
??.
CHAD W. MORGAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
STEPHANIE E. MORGAN,
Defendant NO. 04-5981 CIVIL TERM
IN RE: RECORD TO REMAIN OPEN
ORDER OF COURT
AND NOW, this 9th day of February, 2006, upon
consideration of Plaintiff's complaint for custody with
respect to the parties' child, Cameron William Morgan
(date of birth January 23, 2004), and following a hearing
held on this date which has not yet been completed, the
record shall remain open, and a further hearing in this
matter is scheduled for Thursday, April 13, 2006, commencing
at 9:30 a.m., and Thursday, April 20, 2006, commencing at
9:30 a.m.
It is noted that at the time of adjournment
on today's date Plaintiff's Exhibits 1, 2, 3, and 4 had been
identified and admitted, Defendant's Exhibits 1, 2, 3, 4, 5,
6, 7, and 8 had been identified and admitted, and Court's
Exhibit I had been identified and admitted.
It is noted further that at the time of
adjournment neither Plaintiff nor Defendant had completed
his or her case in chief, that Dr. Stephen J. Overcash had
been subjected to direct and cross examination, but had not
_:,
?.?<<__
'
?
?
._?
t,..
,,
yet completed his testimony, and that Defendant had been
subjected to some direct examination and some cross
examination, but had not yet completed her testimony.
Mary Lou Matas, Esq.
26 West High Street
Carlisle, PA 17013
For Plaintiff
Paul H. Scull, Jr., Esquir
151 N. Broadway
Pennsville, NJ 08070
For Defendant
By the Court,
J ?S
:mae
?'t ?-?
'-
R,- ,w
??
,.,
?.
?,,
?:. ?---
;?
?-_ , .
p .
??
CHAD W. MORGAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V CIVIL ACTION - LAW
STEPHANIE E. MORGAN,
Defendant NO. 04-5981 CIVIL TERM
IN RE: COMPLAINT FOR CUSTODY
ORDER OF COURT
AND NOW, this 13th day of April, 2006, upon
consideration of Plaintiff's complaint for custody with
respect to the parties' child, Cameron William Morgan (date
of birth January 23, 2004), and following a hearing held on
February 9, 2006, and April 13, 2006, the record is declared
closed, and the matter is taken under advisement.
By the Court,
?gary Lou Matas, Esquire
26 West High Street
Carlisle, PA 17013
For Plaintiff
?/aul H. Scull, Jr., Esquire
151 N. Broadway
Pennsville, NJ 08070
For Defendant
mae
of?
V
oar
@' I"
CHAD WILLIAM IN THE COURT OF COMMON PLEAS OF
MORGAN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : CIVIL ACTION - LAW
STEPHANIE ELAINE
MORGAN,
Defendant NO. 04-5981 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of April, 2006, upon consideration of Plaintiff's
complaint for custody with respect to the parties' child, Cameron William Morgan
(date of birth January 23, 2004), and following a hearing held on February 9,
2006, and April 13, 2006, it is ordered and directed as follows:
1. Legal custody of the child shall be shared by the parties.
2. Primary physical custody of the child shall be in
Defendant, the Mother.
3. Temporary or partial physical custody of the child shall
be in the Father, at the following times:
a. From September through May,
(1) On alternating weekends, from
Friday at 7:00 p.m. until Sunday at 7:00
p.m., provided, that on such a weekend
where the following Monday is a federal
holiday, the period of temporary or
partial physical custody shall extend
until Monday at 7:00 p.m.;
(2) On alternating Thanksgiving
weekends, from the Wednesday before
Thanksgiving at 7:00 p.m. until the
following Sunday at 7:00 p.m.;
(3) From Christmas Day at 4:00
p.m. until December 29 at 7:00 p.m.;
b. From June through August, for one week
out of every four weeks, from Sunday at 7:00
p.m. until Sunday at 7:00 p.m.;
r
4. Exchanges of custody shall take place at a point
equidistant between the parties' residences.
5. Nothing herein is intended to preclude the parties from
deviating from the custodial terms of this order by mutual
consent.
8. All prior custody orders in this case are vacated.
Aa?rylou Matas, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
,jaul H. Scull, Jr., Esq.
151 North Broadway
Pennsville, NJ 08070
Attorney for Defendant
y
BY THE COURT,
CHAD WILLIAM MORGAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 04-5981
STEPHANIE ELAINE MORGAN, : Civil Action - Law
Defendant : In Custody
PETITION FOR MODIFICATION OF CUSTODY
1. Petitioner is Chad W. Morgan, an adult individual currently residing at 902 Scottish
Court, Mechanicsburg, Cumberland County, Pennsylvania.
2. Respondent is Stephanie'T-. Morgan, an adult individual currently residing at 7
Lakeside Drive, Swedesboro, New Jersey.
3. The parties are the natural parents of one child, namely, Cameron William Morgan,
born January 23, 2004.
The child was not born out of wedlock.
For the past five years or since the child's birth, the child has resided with the following
persons at the following address for the following periods of time.
SAIDIS,
RjoWER &
LINDSAY
26 West High Street
Carlisle, PA
NAME ADDRESS DATE
Chad and Stephanie Morgan 11 Springview Court Birth through November 2004
Mechanicsburg, PA 17050
Stephanie Morgan 7 Lakeside Drive November 2004 through Present
Swedesboro, New Jersey
The natural mother of the child is Respondent, who resides as aforesaid. She is single.
The natural father of the child is Petitioner, who resides as aforesaid. He is single.
4. The relationship of the Petitioner to the child is that of natural father. The Petitioner
currently resides alone.
5. The relationship of the Respondent to the child is that of natural mother. The
Respondent currently resides with the child at issue and with her brother.
6. The parties currently are subject to an Order of Court dated April 17, 2006. A copy
of this Order is attached hereto and incorporated herein by reference as Exhibit "A".
7. The parties have been following the terms of this Order as they relate to periods of
physical custody on an alternating weekly basis except that on Fridays Petitioner
picks up the child at daycare during the day and not at 7:00 p.m. as per the Order.
8. The best interest and permanent welfare of the child would be served by granting the
relief requested because:
a.) Father has an exceptionally close relationship with the child and desires to spend
more time with him.
b.) The child is very well bonded with his father and will benefit from spending
more time with his parent.
C.) Father is more than capable of providing for the child's emotional, physical and
financial needs on a day-to-day basis.
d.) Father provides a stable residence for the child when he exercises custody and
can do that on a consistent and regular basis more frequently than alternating
SAMIS,
FWNWR &
LINDSAY
26 West High Street
Carlisle, PA
weekends.
e.) Father believes that an equally shared schedule will be in the best interest of the
child and that the child will easily adapt to a schedule of this nature.
9. Petitioner has no information of a custody proceeding concerning the child pending
in any Court of this Commonwealth.
10. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child has been named as a party to this action.
All other persons named below, who are meant to have or claim to have a right to
custody or visitation of the child, will be given notice of the proceedings of this
action and the right to intervene: None.
11. Petitioner does not know of any person not a party to the proceedings who claims to
have custody or visitation rights with respect to the child.
12. Notice of the filing of this Complaint has been provided to Respondent's counsel of
record
WHEREFORE, Petitioner requests your Honorable Court to enter an Order granting him
shared legal and shared physical custody of the child on alternating weekly basis.
Respectfully submitted,
I J
?/l r'
211
Matas, Esquire
Attorh4 Id. 84919
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff/Petitioner
SAIDIS,
FLOWER &
LKN OSAY
ATIOWWTS-AMAW
26 West High Street
Carlisle, PA
VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
ll A
DATE: t O
Chad W. Morgan,
Plaintiff/Petitioner
SAIDIS,
RJONVER &
LINDSAY
26 West High Street
Carlisle, PA
CHAD WILLIAM MORGAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 04-5981
STEPHANIE ELAINE MORGAN, : Civil Action - Law
Defendant : In Custody
CERTIFICATE OF SERVICE
This is to certify that in this case, complete copies of all papers contained in the
attached document have been served upon the following persons by the following means and
on the dates stated:
Name and Address
Means of Service
Date of Service
Paul Scull, Esquire
151 North Broadway
Pennsville, NJ 08070
US First Class Mail
March 12, 2007
4i ?..? C:??-.- 4Cf---6j
u*tas, Esquire
Attorney ID 84919
Saidis, Flower and Lindsay
26 West High Street
Carlisle, PA 17013
Counsel for Plaintiff
SAMIS
FLOWER '&
LMDSAY
26 West High Street
Carlisle, PA
Dated: 3 ft L-? v
?J
0
w
w
w
r
w
O
0
0
f r
z:
fJ
fa-,
-r-
-?i°4
r ? - 1
CHAD WILLIAM MORGAN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
STEPHANIE ELAINE MORGAN
DEFENDANT
04-5981 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, March 19, 2007 _,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, April 20, 2007 at 9:30 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: /s/ Hubert X. Gilro Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
? C .C Wd 61 NVW LOOZ
AuviOjNOHi(j8d 3HI dQ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CHAD WILLIAM MORGAN
Plaintiff
vs.
STEPHANIE ELAINE MORGAN
No. 04-5981
Civil Action - Law
In Custody
Defendant
PETITION TO TRANSFER CUSTODY ACTION TO THE GLOUCESTER
COUNTY SUPERIOR COURT FAMILY DIVISION, GLOUCESTER COUNTY
NEW JERSEY
And now, comes the Defendant, Stephanie Elaine Morgan, by and through
her counsel Paul H. Scull, Jr., Esquire of the Law Offices of Paul H. Scull, Jr. who
files this Petition to Transfer the Custody Action presently before this Court to the
Superior Court of New Jersey, Chancery Division, Family Part, Gloucester
County, New Jersey, and in support thereof states as follows:
1. The Defendant Stephanie Elaine Morgan (hereinafter referred to as
"Mother") is an adult individual who currently resides at 7 Lakeside Drive
in the County of Gloucester, Borough of Swedesboro, State of New
Jersey.
L A
2. The Plaintiff Chad Morgan, (hereafter referred to as "Father"), is an adult
individual who currently resides at 902 Scottish Court, Mechanicsburg,
Cumberland County, Pa.
3. The parties, formerly husband and wife separated in November of 2004.
At the time of the separation the Father was residing at 11 Springview
Court in Mechanicsburg, Pennsylvania. and the Mother began residing in
Gloucester County in the State of New Jersey.
4. The parties are the parents of one minor child Cameron William Morgan,
date of birth January 23, 2004, (hereinafter referred to as "Cameron").
5. Upon her move to the State of New Jersey the Defendant filed for
protection under the Prevention of Domestic Violence Act, and a Final
Restraining Order was granted against the Plaintiff Chad William Morgan.
A copy of this Restraining Order is attached hereto as Exhibit "A".
6. This Restraining Order was then recorded in the Commonwealth of
Pennsylvania and a Protection From Abuse Order was entered in the
Commonwealth of Pennsylvania.
7. The Plaintiff was also prosecuted for assault and placed on probation by
the Commonwealth of Pennsylvania for assaulting the Defendant herein.
8. A custody action was commenced by the Defendant in the Cumberland
County Court of Common Pleas and eventually a Custody Decree was
entered in April 2006 which is attached hereto as Exhibit "B".
9. A Complaint for Divorce was filed by the Defendant in the Cumberland
County Pennsylvania Court of Common Pleas and a decree of divorce
• I
was ultimately obtained from said Court on February 13, 2007, a copy of
which is attached as Exhibit "C". At the time both the Divorce Decree
and the Custody Decrees were entered in Cumberland County the Mother
resided in Gloucester County, New Jersey and Mother was granted
physical custody of Cameron William Morgan.
10. In March of 2007 father filed a Petition for Modification of custody to
modify the custody Order entered by this court on April 17, 2006. A copy
of the Petition is attached hereto as Exhibit "D". Mother thereafter filed
an answer.
11. Mother files the within Petition requesting that this court modify the
Custody Order and transfer custody from the Court of Common Pleas,
Cumberland County, Pennsylvania to the Superior Court of New Jersey,
Chancery Division, Family Part, Gloucester County since Mother and child
have resided in New Jersey since the parties separation in November of
2004.
12. The child has attended day care and preschool in Gloucester County,
New Jersey since the parties separation in November 2004.
13. The child's primary medical and educational providers are in Gloucester
County, New Jersey.
14. Other than the Plaintiff himself Mother is unaware of any witness present
in Cumberland County whose testimony would be relevant in this custody
proceeding. The April 17, 2006 Custody Order failed to specifically state
that the Court would retain jurisdiction over the parties with respect to the
L
to the legal and physical custody of the parties' children for any period
after the date of the Order.
15.
Pennsylvania Statute 23 Pa.C.S.A. §5427 concerning inconvenient
forms and jurisdiction provides as follows:
(a) GENERAL RULE. -A court of this Commonwealth which has
jurisdiction under this chapter to make a child custody
determination may decline to exercise its jurisdiction at any time if
it determines that it is an inconvenient forum under the
circumstances and that a court of another state us a more
appropriate forum. The issue of inconvenient forum may be
raised upon motion of a party, the court's own motion or request
of another court.
(b) FACTORS.-Before determining whether it is an inconvenient
forum, a court of this Commonwealth shall consider whether it is
appropriate for a court of another state to exercise jurisdiction.
For this purpose, the court shall allow the parties to submit
information and shall consider all relevant factors, including:
(1) whether domestic violence has occurred and is likely to
continue in the future and which state could best protect
the parties and the child;
(2) the length of time the child has resided outside this
Commonwealth;
(3) the distance between the court in this Commonwealth and
the court in the state that would assume jurisdiction;
(4) the relative financial circumstances of the parties;
(5) any agreement of the parties as to which state should
assume jurisdiction;
(6) the nature and location of the evidence required to resolve
the pending litigation, including testimony of the child;
(7) the ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present the
evidence; and
(8) the familiarity of the court of each state with the facts and
issues in the pending litigation.
(c) STAY.-If a court of this Commonwealth determines that it is an
inconvenient forum and that a court of another state is a more
appropriate forum, it shall stay the proceedings upon condition
that a child custody proceeding be promptly commenced in
another designated state and may impose any other condition the
court considers just and proper.
(d) JURISDICTION DECLINED.-A court of this Commonwealth may
decline to exercise its jurisdiction under this chapter if a child
custody determination is incidental to an action for divorce or
another proceeding while still retaining jurisdiction over the
divorce or other proceeding.
16. Pennsylvania Statute 23 PA.C.S.A. §5402 Defines "Home State" as
follows:
The state in which a child lived with a parent or a person acting as
a parent for at least six consecutive months immediately before the
commencement of a child custody proceeding. In the case of a
child six months of age or younger, the term means the state in
which the child from birth with any of the persons mentioned. A
period of temporary absence of any of the mentioned persons is
part of the period.
17. The Home State is the preferred basis for jurisdiction pursuant to the
Uniform Child Custody Jurisdiction Act.
18. It is clear that Pennsylvania is no longer the Home State of this child, as
the child has lived with the Defendant Mother in the State of New Jersey in
excess of six months prior to the most recent petition for modification of
custody being filed by Plaintiff.
19. Moreover it is not in the best of interest of the child for Cumberland County
to retain jurisdiction in this matter because neither the mother nor the child
have any connection with Cumberland County. There is not available in
Cumberland County or even in the State of Pennsylvania, substantial
e a
evidence concerning the present or future care, protection, training
schooling, medical providers or family relationships of the child. All such
information is in Gloucester County, New Jersey.
20. Mother believes it is in the best interest of the child that the Custody Order
be modified. Accordingly Mother files the within Petition seeking a
modification of the Order. Since New Jersey is the Home State of the
child, and it is the best interest of the child that New Jersey assume
jurisdiction, it is appropriate for the Commonwealth of Pennsylvania to
relinquish jurisdiction to the State of New Jersey.
21. The Uniform Child Custody Jurisdiction Enforcement Act §23 PA.C.S. §
5410 (a) suggests as a general rule that a court of this Commonwealth
may communicate with a Court in another State concerning a proceeding
arising under this chapter. Respondent requests that the Judges herein
confer with respect to whether or not the Judge who would hear this
matter in the State of New Jersey would accept jurisdiction. The Superior
court, Chancery Division, Family Part Judge in Gloucester County who
would hear any matters relating to the Morgan v. Morgan custody dispute
is the Honorable Eugene McCaffrey, telephone number (856) 686-7570.
WHEREFORE, Defendant respectfully requests this Honorable Court to,
after considering all of the factors aforementioned and communicating with Judge
McCaffrey of the Superior Court of New Jersey, Chancery Division, Family Part
enter an Order relinquishing jurisdiction and transferring jurisdiction of this matter
F Al
to the State of New Jersey, County of Gloucester, Superior Court, Chancery
Division-Family Part, Gloucester County, New Jersey.
Y, 1117 7
Date:
Respectfully submitted,
L H. SCULL, JR., ESQUIR
I D# 78006
151 North Broadway
Pennsville, New Jersey 08070
Telephone No. (856) 678-0700
Facsimile No. (856) 678-9366
Paul -sculllaw.com
Attorney for Defendant/Respondent
VERIFICATION
I, Stephanie Elaine Morgan, hereby swear and affirm that the facts
contained in the foregoing Petition to Transfer Custody are true and correct to the
best of my knowledge, information and belief and are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date:,
Step ani Elaine Morgan
EXhilo4
A
STATE OF NEW JERSEY
. REVENTION OF DOMESTIC VIOLEt, rE ACT
SALEM COUNTY, Superior Court, Chancery Division, Family Part
® FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER
DOCKET NUMBER FV-17-000241.05
IN THE MATTER OF: PLAINTIFF'S
PLAINTIFF MORGAN STEPHANIE DATE OF BIRTH 06/17/1974
DEFENDANT DEFENDANTS DEFENDANTS HT 5'10' DEFENDANT'S
MORGAN ,CHAD SEXI RACE DATE OF BIRTH 03/01/1974 SSN# 161 - 64 - 7580
DEFENDANTS 11 SPRING VIEW COURT
HOME ADDRESS
DEFENDANTS
WORK ADDRESS
SCARS, FACIAL HAIR, ETC. DEFENDANT'S HOME TELEPHONE NO.
( ) -
HAIR COLOR: BROWN DEFENDANT'S WORK TELEPHONE NO.
( ) -
EYE COLOR: HAZEL
The Court having considered plaintiffs Complaint dated 11/24/2004 seeking an ORDER under the Prevention of Domestic Violence Act, having
established jurisdiction over the subject matter and the parties pursuant to N.J.S.A. 2C:25-17 et seq., and having found good cause to believe that
plaintiffs life, health or well-being have been and are endangered by defendant's act(s) of violence:
It is on this 29th Day of November 2004 ORDERED that:
SOUGHT GRANTED PART I RELIEF
DEFENDANT:
1. ® ® You are prohibited against future acts of domestic violence.
2. ® ® You are barred from the following location(s):
® RESIDENCE(S) OF PLAINTIFF ® PLACE(S) OF EMPLOYMENT OF PLAINTIFF
? Other
3. ® ® You are prohibited from having any (oral, written, personal, electronic or other) form of contact or communication with:
® Plaintiff
? Others (List names & relationship to plaintiff): PLA'S PARENTS FRANK JR & MARY
MAURER & BORTHER FRANK III MAURER & LARRY MAURER.
4. ® You are prohibited from making or causing anyone else to make harassing communications to:
® Plaintiff
? Others (Same as above or list names & relationship to plaintiff): SAME AS ABOVE
5. ® ® You are prohibited from stalking, following, or threatening to harm, to stalk or to follow:
® Plaintiff
?Others (Same as above or list names & relationship to plaintiff): SAME AS ABOVE
6.7 ? You must pay ? plaintiff 0 dependent (s) emergent monetary relief (describe amount and method):
7.0 ? Other appropriate relief:
Defendant (including substance abuse, mental health or other evaluations and subsequent treatment):
8. ? ? Psychiatric evaluation:
9. ? ? Intake monitoring of conditions and restraints(specify)
I violation of any section of this Order by defendant can result in arrest and incarceration. Only a Court can change this Order.
f
PREVENTION OF DOMESTIC VIOLENCE ACT
® FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER FV-17-000241.05
Page 2 of 4
SOUGHT GRANTED PART I RELIEF continued
DEFENDANT:
10. ® ® PROHIBITION AGAINST POSSESSION OF WEAPONS: You are prohibited from possessing any and all firearms or other
weapons and must immediately surrender these firearms, weapons, permits to carry, applications to purchase firearms and
firearms purchaser ID card to the officer serving this court Order: Failure to do so can result in your arrest and incarceration.
Other Weapon(s) (describe) ANY/ALL OR PURCHASER'S ID CARD
PLAINTIFF:
11. ? ® You are granted exclusive possession of (residence or alternate housing, list address only if specifically known to defendant):
MARITAL HOME IN MECHANICSBURG PA EACH SUN 6PM TO
MON 6PM. DEF HAS POSSESSION ALL OTHER TIMES.
12. ® ® You are granted temporary custody of (specify name(s)): CAMERON MORGAN
13. ? ? Other appropriate relief:
Plaintiff (describe)
Child(ren) (describe)
LAW ENFORCEMENT OFFICER
You are to accompany to scene, residence, shared place of business, other (indicate address, time, duration & purpose):
? ? Plaintiff.
? ? Defendant:
WARRANT TO SEARCH FOR AND TO SEIZE WEAPONS FOR SAFEKEEPING:
? To any law enforcement officer having jurisdiction - this Order shall serve as a warrant to search for and seize any issued
permit to carry a firearm, application to purchase a firearm and firearms purchaser identification card issued to the defendant and
the following firearm(s)or weapon(s)
1. You are hereby commanded to search the premises for the above described weapons and/or permits to carry a firearm,
application to purchase a firearm and firearms purchaser ID card and to serve a copy of this Order upon the person at the
premises or location described as:-
2. You are hereby ordered in the event you seize any of the above described weapons, to give a receipt for the property 'so seized
to the person from whom they were taken or in whose possession they were found, or in the absence of such person to have a
-,copy of this Order together with such receipt in or upon the said structure from which the property was taken.
3. You are authorized to execute this Order immediately or as soon thereafter as is practicable.
? ANYTIME ? OTHER:
4. You are further ordered, after the execution of this Order, to promptly provide the Court with a written inventory of the property
seized per this Order.
A violation of any section of this Order by defendant can result in arrest and incarceration. Only a Court can change this Order.
PREVENTION OF DOMESTIC VIOLENC( 3# T
Page 3 of 4
® FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER FV-17.000241-05
SOUGHT GRANTED PART II RELIEF
DEFENDANT:
1. ? ? You acknowledge parentage of-
t. ? ? You must submit to genetic testing:
3.0 ? No parenting time (visitation) until further order;
4.0. ? Parenting time (visitation) pursuant to (prior FV, FM, or FD Order)# is suspended, a
hearing is scheduled for:
5. ? ? Parenting time (visitation) is ordered as follows: (specify drop-off and pick-up times and locations, participation of or supervision by
designated third party):
6. ? ?
7. ? ?
? ?
? ?
? ?
8. ?
9.
10.?
11.?
12.?
13.?
M
14.?
Risk assessment ordered (specify by whom):
Return Date:
You must provide compensation as follows: (Appropriate notices have been attached as part of this Order):
Emergent support - plaintiff:
Emergent support - dependent(s)
Intarim ciinnnrt - n1nintiffr
-----------
Interim support - dependent(s):
Ongoing plaintiff support:
Paid via income withholding through the: Probation Div.
Other:
Ongoing child support:
Paid via income withholding through the: Probation Div.
Other:
Medical coverage for plaintiff:
Medical coverage for dependent(s):
Compensatory damages to plaintiff:
Punitive damages (describe):
You must pay compensation to (specify third party and/or VCCB, and describe):
You must participate in a batterers intervention program (specify): ALTERNATIVE TO VIOLENCE PROGRAM
THROUGH SALEM COUNTY WOMEN'S SERVICES. -
You must make: ? rent ? mortgage payments (specify amount(s) due date(s) and payment manner):
15.? ® Defendant is granted temporary possession of the following personal property (describe):
MARITAL HOME IN MECHANICSBURG, PA. EXCEPT PLA TO
HAVE HOME EACH SUN 6PM-MON 6PM.
® You must pay 'a civil penalty of $ 50.00 ($50.00 to $500.00) per N.J. S.A 2C25-29 (DVVF), to: PAY THRU PROS -
within 90 days. You will be charged a $2.00 transaction fee for each payment or partial payment that you make.
Waived due to extreme financial hardship because:
SOUGHT GRANTED.'
PLAINTIFF:
16.? ? Plaintiff is granted. temporary possession of the following personal property (describe)
a violation of any section of this Order by defendant may result in arrest and incarceration. Only a Court can change this Order.
PREVENTION OF DOMESTIC VIOLENCE ACT
® FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER FV-17-000241.05
Page 4 of 4
COMMENTS: BOTH PARTIES TO ATTEND DVIP. DEF MAY SUBMIT DOCUMENTATION OF AN
ANGER MGMT PROGRAM IN PA TO BE APPROVED BY THE COURT IN LIEU OF THE
ANGER MGMT PROGRAM IN NJ. ALL PARTIES PROHIBITED FROM DISPOSING OF
MARITAL ASSETS. DEF MAY SPEAK W/ PLA'S COUNSEL RE: MARTIAL ISSUE &
TO HAVE COUNSELING W/ DEF IT WILL NOT WEAKEN THIS RESTRAINING ORDER.
This Order is to become effective immediately and shall remain in effect until further Order of the Superior Court, Chancery Division, Family Part
ALL LAW ENFORCEMENT OFFICERS WILL SERVE AND FULLY ENFORCE THIS ORDER.
THE PLAINTIFF SHALL NOT BE ARRESTED FOR A VIOLATIObL.OF THIJ§ RESTRAINING ORDER.
11/29/2004
DATE
H
J
THIS FINAL RESTRAINING ORDER WAS ISSUED AFTER DEFENDANT WAS;VIDED WITH NOTICE AND THE OPPORTUNITY TO BE
HEARD AND SHOULD BE GIVEN FULL FAITH AND CREDIT PURSUANT TO THE VIOLENCE AGAINST WOMEN ACT OF 1991, SEC. 40221, CODIFIED
AT 18 U.S.C.A. S2265(a) AND S2266.
IF ORDERED, SUFFICIENT GROUNDS HAVE BEEN FOUND BY THIS COURT FOR THE SEARCH AND SEIZURE OF FIREARMS AND OTHER
WEAPONS AS INDICATED IN THIS COURT ORDER.
NOTICE TO PLAINTIFF AND DEFENDANT
IMPORTANT: The parties cannot themselves change the terms of this Order on their own. This Order may only be changed or dismissed by
the Family Court. The named defendant cannot have any contact with the plaintiff without permission of the court. If you wish to change
the terms of this Order and/or you resume livinq toqether, you must appear before this court for a rehearinq.
A violation of any of the provisions listed in this Order or a failure to comply with the directive to surrender all weapons, firearm
permits, application or identification cards may constitute criminal contempt pursuant to N.J.S.A. 2C: 29-9(b), and may also constitute
violations of other state and federal laws which can result in your arrest and/or criminal prosecution. This may result in a jail sentence.
NOTICE TO DEFENDANT
RETURN OF SER VICE
? Plaintiff was given a copy of the Order by
Print Name Time and Date Signature/Badge No./Dept.
? I hereby certify that I served the within Order by delivering a copy to the defendant personally:
Print Name Time and Date Signature/Badge No./Dept.
? I hereby certify that I served the within Order by use of substituted service as follows:
Print Name Time and Date Signature/Badge No./Dept.
? Defendant could not be served (explain
Print Name
Time and Date
Defendant hereby acknowledges receipt of the Restraining Order. I understand that pursuant to this court Order, I am not to have any contact with the named
plaintiff even if plaintiff agrees to the contact or invites me onto the premises and that I can be arrested and prosecuted if I violate this Order. I understand that
pursuant to N.J.S.A. 53:1-15 any person against whom a Final Restraining Order in a domestic violence matter has been entered shall submit to fingerprinting
and other identification procedures as required by law and I HAVE BEEN ADVISED THAT I MUST SUBMIT TO FINGERPRINTING AND OTHER
IDENTIFICATION PROCEDURES.
31GNATURE: TIME / DATE:
I the courthouse is accessible to those with disabilities. Please notify the court if you will require assistance.
)ISTRIBUTION:FAMILY PART, PLAINTIFF, DEFENDANT, SHERIFF, OTHER (AOC 7/01)
F-Xhcbi-t- 5
CHAD W. MORGAN,
Plaintiff
v
STEPHANIE E. MORGAN,
Defendant
IN THE COURT OF COMMON PLEAS OF u
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-5981 CIVIL TERM
IN RE: COMPLAINT FOR CUSTODY
ORDER OF COURT
AND NOW, this 13th day of April, 2006, upon
consideration of Plaintiff's complaint for custody with
respect to the parties' child, Cameron William Morgan (date
of birth January 23, 20,04), and following a hearing held on
February 9, 2006, and April 13, 2006, the record is declared
close6d, - arid' the matter is- taken under advisement.
By the Court,
Mary Lou Matas, Esquire
26 West High Street
Carlisl-e, PA 17013
For Plaintiff
P 1:H. Scull, Jr Esquire
51 N. Broadway - : -
Pennsville, NJ 08070
For -Ile'-fei dant ; . w
` RU -COPS( FROM RE..C®RD 11
In Test rrmor?y whereof,. *hh
rn'a
nd f sid CoThis ... ay oa
A A%fi 19
Frothorbfarrj
EXilibi4
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Ira
STATE OF PENNA.
STEPHANIE ELAINE MORGAN No. 04-6261
VERSUS
CHAD WILLIAM MORGAN
DECREE IN
DIVORCE
02:10 PM
AND NOW, February 13 2007 IT IS ORDERED AND
STEPHANIE ELAINE MORGAN
DECREED THAT PLAINTIFF,
CHAD WILLIAM MORGAN
AND DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
6 THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
+ BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
+
+ YET BEEN ENTERED;
+ The terms of the Separation and Property Settlement Agreement dated February 5,
+ 2007 are incorporated, but not merged, into this Decree in Divorce.
BY THE COURT:
+ Edward E. Guido
+
+ ATTEST: J .
+
+
I ??t PROTHONOTARY
+ Certified Copy Issued: February 13, 2007
F-Xh ' b'+ TD
CHAD WILLIAM MORGAN, : nv THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. ; No. 04-5981 ° a
STEPHANIE ELAINE MORGAN, : Civil Action - Law' T-
Defendant : In Custody
3
'I j
PETITION FOR MODIFICATION OF CUSTODY 1 co
Sys1. Petitioner is Chad W. Morgan, an adult individual currently residing at 902 Scottish
Court, Mechanicsburg, Cumberland County, Pennsylvania.
2. Respondent is Stephanie (E. Morgan, an adult individual currently residing at 7
Lakeside Drive, Swedesboro, New Jersey.
3. The parties are the natural parents of one child, namely, Cameron William Morgan,
born January 23, 2004.
The child was not born out of wedlock.
For the past five years or since the child's birth, the child has resided with the following
persons at the following address for the following periods of time.
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
NAME
Chad and Stephanie Morgan
Stephanie Morgan
ADDRESS
11 Springview Court
Mechanicsburg, PA 17050
7 Lakeside Drive
Swedesboro, New Jersey
DATE
Birth through November 2004
November 2004 through Present
The natural mother of the child is Respondent, who resides as aforesaid. She is single.
The natural father of the child is Petitioner, who resides as aforesaid. He is single.
4. The relationship of the Petitioner to the child is that of natural father. The Petitioner
currently resides alone.
5. The relationship of the Respondent to the child is that of natural mother. The
Respondent currently resides with the child at issue and with her brother.
6. The parties currently are subject to an Order of Court dated April 17, 2006. A copy
of this Order is attached hereto and incorporated herein by reference as Exhibit "A".
7. The parties have been following the terms of this Order as they relate to periods of
physical custody on an alternating weekly basis except that on Fridays Petitioner
picks up the child at daycare during the day and not at 7:00 p.m. as per the Order.
8. The best interest and permanent welfare of the child would be served by granting the
relief requested because:
a.) Father has an exceptionally close relationship with the child and desires to spend
more time with him.
b.) The child is very well bonded with his father and will benefit from spending
more time with his parent.
c.) Father is more than capable of providing for the child's emotional, physical and
financial needs on a day-to-day basis.
d.) Father provides a stable residence for the child when he exercises custody and
can do that on a consistent and regular basis more frequently than alternating
SAIDIS,
FLOWER &
LUNDS Y
AT-roRNEIsaruw
26 West High Street
Carlisle, PA
weekends.
e.) Father believes that an equally shared schedule will be in the best interest of the
child and that the child will easily adapt to a schedule of this nature.
9. Petitioner has no information of a custody proceeding concerning the child pending
in any Court of this Commonwealth.
10. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child has been named as a party to this action.
All other persons named below, who are meant to have or claim to have a right to
custody or visitation of the child, will be given notice of the proceedings of this
action and the right to intervene: None.
11. Petitioner does not know of any person not a party to the proceedings who claims to
have custody or visitation rights with respect to the child.
12. Notice of the filing of this Complaint has been provided to Respondent's counsel of
record
WHEREFORE, Petitioner requests your Honorable Court to enter an Order granting him
shared legal and shared physical custody of the child on alternating weekly basis.
Respectfully submitted,
High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff/Petitioner
FLOWER &
LMS"
26 West High Street
Carlisle, PA
--daA,t?& Aabj
Matas, Esquire
Atto26 West Id. 84919
VERIFICATION
SAIDIS,
SOWER &
LINDSAY
+T Lns taw
26 West High Street
Carlisle, PA 11
I verify that the statements made in the foregoing document 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 falsifications to authorities.
DATE: t? 4,J ),//, , ? N .
Chad W. Morgan,
Plaintiff/Petitioner
r 1 ?
ss, 1
CHAD WILLIAM MORGAN,
Plaintiff
V.
STEPHANIE ELAINE MORGAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-5981
Civil Action - Law
In Custody
CERTIFICATE OF SERVICE
This is to certify that in this case, complete copies of all papers contained in the
attached document have been served upon the following persons by the following means and
on the dates stated:
Name and Address
Paul Scull, Esquire
151 North Broadway
Pennsville, NJ 08070
Means of Service
US First Class Mail
Date of Service
March 12, 2007
M ksJ tas, Esquire
Attorney ID 84919
Saidis, Flower and Lindsay
26 West High Street
Carlisle, PA 17013
Counsel for Plaintiff
SAM S,
SOWER &
LMDSAY
erromvExs.,T:uw
26 West High Street
Carlisle, PA
Dated: 3 a Z ld7
7
7
? 77:
CD ;
I 1
APR OS 2007
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CHAD WILLIAM MORGAN
No. 04-5981
Plaintiff
vs. : Civil Action - Law
In Custody
STEPHANIE ELAINE MORGAN :
Defendant
ANSWER TO PETITION FOR MODIFICATION OF CUSTODY
1. Petitioner is Chad W. Morgan, an adult individual currently residing at 902
Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania.
2. Respondent Stephanie E. Morgan, an adult individual currently residing at
7 Lakeside Drive, Swedesboro, NJ.
3. The parties are the natural parents of one child, namely, Cameron William
Morgan, date of birth January 23, 2004.
The child was not born out of wedlock.
Law Offices of Paul H. Scull, Jr.
151 N. Broadway. Ste. B
Pennsville, NJ 08070
(856) 678-0700
I It
For the past five years or since the child's birth, the child has resided with
the following persons at the following address for the following periods of
time.
NAME
Chad and Stephanie Morgan
Stephanie Morgan
ADDRESS
11 Springview Court
Mechanicsburg, PA 17050
7 Lakeside Drive
Swedesboro, New Jersey
DATE
Birth through November 2004
November 2004 through Present
The natural mother of the child is Respondent, who resides as aforesaid. She
is single. The natural father of the child is Petitioner, who resides as aforesaid.
He is single.
4. The relationship of the Petitioner to the child is that of natural father. The
Petitioner currently resides alone.
5. The relationship of the Respondent to the child is that of natural mother.
The child of issue has resided with the Respondent since November 2004.
6. The parties are currently the subject to an Order of Court emanating from
the Commonwealth of Pennsylvania under the above referenced docket
number dated April 7, 2006. A Copy of the Order is attached hereto and is
incorporated herein by reference as Exhibit "A". The parties are also
currently the subject of an Order emanating from the Superior Court of
New Jersey, Salem County, Law Division, Family Part which provided the
Respondent with a Final Restraining Order against the Petitioner for a
violation of the Prevention of Domestic Violence Act. A copy of this Order
is attached hereto and incorporated herein by reference as Exhibit "B".
Law Offices of Paul H. Scull, Jr.
151 N. Broadway, Ste. B
Pennsville, NJ 08070
(856) 678-0700
L i
7. The parties have been following the terms of these Orders as they relate
to periods of physical custody on an every other weekend basis except
during the Petitioner's periods of Summer Parenting Time wherein he is
allowed one continuous week per month for three months.
8. The Respondent denies that the best interest and permanent welfare of
the child would be served by granting the relief requested because:
a). The Respondent denies the father has an exceptionally close
relationship with the child.
b). The Respondent denies that the child is very well bonded with the
father and would benefit from spending more time with his father.
c). The Respondent denies that his father is more than capable of
providing for the child's emotional, physical and financial needs on a day
to day basis.
d). The Respondent denies that the father provides a stable residence for
the child when he exercises custody.
e). The Respondent denies that an equally shared schedule would be in
the best interest of the child and that the child would easily adapt to a
schedule of this nature.
9. Respondent has no information of a custody proceeding concerning the
child pending in any Court of this Commonwealth.
10. The Respondent believes that it would be inappropriate to grant the relief
requested by the Petitioner herein due to the fact that it is in the child's
Law Offices of Paul H. Scull, Jr.
151 N. Broadway, Ste. B
Pennsville, NJ 08070
(856) 678-0700
I 1
best interest that the Parenting schedule presently in place be continued
for the following reasons:
a). The Petitioner is mentally and emotionally incapable of properly caring
for the minor child, on a continuing and constant basis. On several
occasions when the minor child was in the Petitioner's care he was
returned with diaper rash, so severe that the diaper rash required
treatment by a medical provider. Photographs are available for the
Court's review.
b). On another occasion when the minor child returned from the
Petitioner's care he had large blisters on his feet and severe bruises on
his shins which were due to the negligent care provided by the Petitioner.
Once again, the minor child was taken to his physician to have the
chaffing, blistering and bruising evaluated. and treated.
c). On his August visit with the Petitioner he returned home with a severe
rash on the top of his head. The Petitioner did not comment on it, never
attempted to treat it, and never asked about the follow up medical care
which the minor child was required to undergo for the severe rash.
d). In addition to the issues regarding the physical care of the minor child,
the minor child is experiencing some difficulties in school especially on
days when the Petitioner picks him up to spend the weekend with him. It is
disturbing to the minor child and he does not want to go, with the
Petitioner.
Law Offices of Paul H. Scull, Jr.
151 N. Broadway, Ste. B
Pennsville, NJ 08070
(856) 678-0700
, 1
e). I have made a log beginning in October of 2006 through to the
present, which detailed various incidences that have occurred both at day
care, and at our sons drop off and pick up. A copy of this log is attached
hereto as Exhibit "C". Cameron has also experienced difficulties with
exchanges at the day care center. Attached as Exhibit "D" are letters
from the day care provider that have been sent to me on days when the
Petitioner has picked up Cameron, or on days when the minor child has
returned from a weekend visit with the Petitioner. As the Court can see
from this correspondence, even these weekend periods of Parenting Time
with the Petitioner, have been difficult for Cameron to adjust to.
D. The minor child is doing very well at his present day care center and in
his present living situation, and it would inappropriate for the Parenting
Time schedule to be as extensive as suggested by the Petitioner as it
would disrupt his routine, and would be detrimental to his continued
progress. A copy of Cameron's current progress reports are attached
hereto as Exhibit "E".
g). In addition to Cameron's progress notes, I always insure by way of
updates sent to the Petitioner, exactly what is happening with Cameron,
on a monthly basis. Attached hereto as Exhibit "F" are copies of these
updates.
h). Based on all of the aforementioned factors and as well as the fact that
there has been no substantial change in circumstances from the time the
Law Offices of Paul H. Scull, Jr.
151 N. Broadway, Ste. B
Pennsville, NJ 08070
(856) 678-0700
original court Order was entered into it is Respondent's request that the
Petitioner's request be denied
Respectfully submitted,
Dated: 4 G
1AM -H. SIMLL, JR., ESQUIR
ID# 78006
151 North Broadway
Pennsville, New Jersey 08070
Telephone No. (856) 678-0700
Facsimile No. (856) 678-9366
paul(a-)sculllaw.com
Attorney for Defendant/Respondent
Law Offices of Paul H. Scull, Jr.
151 N. Broadway, Ste. B
Pennsville, NJ 08070
(856) 678-0700
??ti,b,f A
CHAD W. MORGAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
STEPHANIE E. MORGAN,
Defendant NO. 04-5981 CIVIL TERM
IN RE: COMPLAINT FOR CUSTODY
ORDER OF COURT
AND NOW, this 13th day of April, 2006, upon
consideration of Plaintiff's complaint for custody with
respect to the parties' child, Cameron William Morgan (date
of birth January 23, 2004), and following a hearing held on
February 9, 2006, and April 13, 2006, the record is declared
closed,-and"the matter is taken under advisement.
By the Court,
Mary Lou Matas, Esquire
26 West High Street
Carlisle, PA 17013
For Plaintiff
P 1 H. Scull, Jr., Esquire
51 N. Broadway
Pennsville, NJ 08070
For -Defendant:
:mae
TRUE. Z..ORY FROM RE.C®R?
In Testimony vrhereof, I here: "u to set'mv ! d
"and'" earl of said Court _lisle, F{ ^^
This 1...: day of _ 4.1 _u..
? ?„b?? ?
x
4 STATE OF NEW JERSEY
-IREVENTION OF DOMESTIC VIOLET, rE ACT
SALEM COUNTY, Superior Court, Chancery Division, Family Part
® FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER
DOCKET NUMBER FV-17-000241-05
IN THE MATTER OF: PLAINTIFF'S
PLAINTIFF MORGAN STEPHANIE DATE OF BIRTH 06/12/1974
DEFENDANT DEFENDANTS DEFENDANT'S HT 5'10" JDEFENDANTS
MORGAN, CHAD SEX RACE DATE OF BIRTH 0310111974 SSN# 161 - 64 - 7580
M CAUCASIAN WT 175 L
DEFENDANTS 11 SPRING VIEW COURT SCARS, FACIAL HAIR, ETC. DEFENDANTS HOME TELEPHONE NO.
HOME ADDRESS
DEFENDANT'S HAIR COLOR: BROWN DEFENDANT'S WORK TELEPHONE NO.
WORK ADDRESS
EYE COLOR: HAZEL
The Court having considered plaintiffs Complaint dated 11/24/2004 seeking an ORDER under the Prevention of Domestic Violence Act, having
established jurisdiction over the subject matter and the parties pursuant to N.J.S.A. 2C:25-17 et seq., and having found good cause to believe that
plaintiffs life, health or well-being have been and are endangered by defendant's act(s) of violence:
It is on this 29th Day of November 2004 ORDERED that:
SOUGHT GRANTED PART I RELIEF
DEFENDANT:
1. ® ® You are prohibited against future acts of domestic violence.
2. ® ® You are barred from the following location(s):
® RESIDENCE(S) OF PLAINTIFF ® PLACE(S) OF EMPLOYMENT OF PLAINTIFF
? Other
3.2 ® You are prohibited from having any (oral, written, personal, electronic or other) form of contact or communication with:
® Plaintiff
? Others (List names & relationship to plaintiff): PLA'S PARENTS FRANK JR & MARY
MAURER & BORTHER FRANK III MAURER & LARRY MAURER
4. Z ® You are prohibited from making or causing anyone else to make harassing communications to:
® Plaintiff
? Others (Same as above or list names & relationship to plaintiff): SAME AS ABOVE
5.2 ® You are prohibited from stalking, following, or threatening to harm, to stalk or to follow:
Plaintiff
?Others (Same as above or list names & relationship to plaintiff): SAME AS ABOVE
6. ? ? You must pay ? plaintiff ? dependent (s) emergent monetary relief (describe amount and method):
7. ? ? Other appropriate relief:
Defendant (including substance abuse, mental health or other evaluations and subsequent treatment):
8.0 ? Psychiatric evaluation:
9. ? ? Intake monitoring of conditions and restraints(specify)
rder.
k violation of any section of this Order by defendant can result in arrest and incarceration. Only a Court can change this 0
1 (,
f_ Page 2ot4
PREVENTION OF DOMESTIC VIOLENCE ACT
® FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER FV-17-000241-05
SOUGHT GRANTED PART I RELIEF continued
DEFENDANT:
10. ® ® PROHIBITION AGAINST POSSESSION OF WEAPONS: You are prohibited from possessing any and all firearms or other
weapons and must immediately surrender these firearms, weapons, permits to carry, applications to purchase firearms and
firearms purchaser ID card to the officer serving this court Order: Failure to do so can result in your arrest and incarceration.
Other Weapon(s) (describe) ANY/ALL OR PURCHASER'S ID CARD
PLAINTIFF:
11. ? ® You are granted exclusive possession of (residence or alternate housing, list address only if specifically known to defendant):
MARITAL HOME IN MECHANICSBURG, PA EACH SUN 613M TO
MON 6PM. DEF HAS POSSESSION ALL OTHER TIMES.
12. ® ® You are granted temporary custody of (specify name(s)): CAMERON MORGAN
13. ? ? Other appropriate relief:
Plaintiff (describe)
Child(ren) (describe)
LAW ENFORCEMENT OFFICER
You are to accompany to scene, residence, shared place of business, other (indicate address, time, duration & purpose):
? ? Plaintiff:
? ? Defendant:
WARRANT TO SEARCH FOR AND TO SEIZE WEAPONS FOR SAFEKEEPING:
? To any law enforcement officer having jurisdiction - this Order shall serve as a warrant to search for and seize any issued
permit to carry a firearm, application to purchase a firearm and firearms purchaser identification card issued to the defendant and
the following firearm(s)or weapon(s)
1. You are hereby commanded to search the premises for the above described weapons and/or permits to carry a firearm,
application to purchase a firearm and firearms purchaser ID card and to serve a copy of this Order upon the person at the
premises or location described as:
2. You are hereby ordered in the event you seize any of the above described weapons, to give a receipt for the property so seized
to the person from whom they were taken or in whose possession they were found, or in the absence of such person to have a
copy of this Order together with such receipt in or upon the said structure from which the property was taken.
3. You are authorized to execute this Order immediately or as soon thereafter as is practicable.
? ANYTIME ? OTHER:
4. You are further ordered, after the execution of this Order, to promptly provide the Court with a written inventory of the property
seized per this Order.
A violation of any section of this Order by defendant can result in arrest and incarceration. Only a Court can change this Order.
PREVENTION OF DOMESTIC VIOLENC(I 'T
Page 3 of 4
® FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER FV-17-000241-05
SOUGHT GRANTED PART II RELIEF
DEFENDANT:
1. ? ? You acknowledge parentage of
2. ? ? You must submit to genetic testing:
3. ® ? No parenting time (visitation) until further order;
4. ? ? Parenting time (visitation) pursuant to (prior FV, FM, or FD Order)# is suspended, a
hearing is scheduled for:
5. ? ? Parenting time (visitation) is ordered as follows: (specify drop-off and pick-up times and locations, participation of or supervision by
designated third party):
6. ? ?
7. ? ?
? ?
? ?
? ?
? ?
8. ?
9. ?
10.?
11.?
12.?
13.?
14.?
15. El Risk assessment ordered (specify by whom):.
Return Date:
You must provide compensation as follows: (Appropriate notices have been attached as part of this Order):
Emergent support - plaintiff:
Emergent support - dependent(s)
Interim support - plaintiff:
Interim support - dependent(s):
Ongoing plaintiff support:
Paid via income withholding through the: Probation Div.
Other:
Ongoing child support:
Paid via income withholding through the: Probation Div.
Other:
Medical coverage for plaintiff:
Medical coverage for dependent(s):
Compensatory damages to plaintiff.
Punitive damages (describe):
You must pay compensation to (specify third party and/or VCCB, and describe);
You must participate in a batterers intervention program (specify): ALTERNATIVE TO VIOLENCE PROGRAM
THROUGH SALEM COUNTY WOMEN'S SERVICES.
You must make: ? rent ? mortgage payments (specify amount(s) due date(s) and payment manner):
Defendant is granted temporary possession of the following personal property (describe):
MARITAL HOME IN MECHANICSBURG, PA. EXCEPT PLA TO
HAVE HOME EACH SUN 6PM-MON 6PM.
® You must pay a civil penalty of $ 50.00 ($50.00 to $500.00) per N.J.S.A 2C:25-29 (DVVF) to: PAY THRU PROB
within 90 days. You will be charged a $2.00 transaction fee for each payment or partial payment that you make.
? Waived due to extreme financial hardship because:
SOUGHT GRANTED
PLAINTIFF:
16.? ? Plaintiff is granted temporary possession of the following personal property (describe)
A violation of any section of this Order by defendant may result in arrest and incarceration. Only a Court can change this Order.
Page 4 of 4
PREVENTION OF DOMESTIC VIOLENCE ACT
® FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER FV-17-000241-05
COMMENTS: BOTH PARTIES TO ATTEND DVIP. DEF MAY SUBMIT DOCUMENTATION OF AN
ANGER MGMT PROGRAM IN NJ. ALL PARTIES PROHIBITED FROM DISPOSING OF
MARITAL ASSETS. DEF MAY SPEAK W/ PLA'S COUNSEL RE: MARTIAL ISSUE &
TO HAVE COUNSELING W/ DEF, IT WILL NOT WEAKEN THIS RESTRAINING ORDER.
This Order is to become effective immediately and shall remain in effect until further Order of the Superior Court, Chancery Division, Family Part.
ALL LAW ENFORCEMENT OFFICERS WILL SERVE AND FULLY ENFORCE THIS ORDER.
THE PLAINTIFF SHALL NOT BE ARRESTED FOR A VIOLATIOWOF THIS RESTRAINING ORDER.
11/29/2004
DATE
THIS FINAL RESTRAINING ORDER WAS ISSUED AFTER DEFENDANT WASVIDED WITH NOTICE AND THE OPPORTUNITY TO BE
HEARD AND SHOULD BE GIVEN FULL FAITH AND CREDIT PURSUANT TO THE VIOLENCE AGAINST WOMEN ACT OF 1991, SEC. 40221, CODIFIED
AT 18 U.S.C.A. S2265(a) AND S2266.
IF ORDERED, SUFFICIENT GROUNDS HAVE BEEN FOUND BY THIS COURT FOR THE SEARCH AND SEIZURE OF FIREARMS AND OTHER
WEAPONS AS INDICATED IN THIS COURT ORDER.
NOTICE TO PLAINTIFF AND DEFENDANT
IMPORTANT: The parties cannot themselves change the terms of this Order on their own. This Order may only be changed or dismissed by
the Family Court. The named defendant cannot have any contact with the plaintiff without permission of the court. If you wish to change
the terms of this Order and/or you resume living together, you must appear before this court for a rehearing.
A violation of any of the provisions listed in this Order or a failure to comply with the directive to surrender all weapons, firearm
permits, application or identification cards may constitute criminal contempt pursuant to N.J.S.A. 2C: 29-9(b), and may also constitute
violations of other state and federal laws which can result in your arrest and/or criminal prosecution. This may result in a jail sentence
NOTICE TO DEFENDANT
RETURN OF SER VICE
? Plaintiff was given a copy of the Order by
Print Name Time and Date Signature/Badge No./Dept.
? I hereby certify that I served the within Order by delivering a copy to the defendant personally:
Print Name Time and Date Signature/Badge No./Dept.
? I hereby certify that I served the within Order by use of substituted service as follows:
Print Name Time and Date Signature/Badge No./Dept.
? Defendant could not be served (explain
Print Name Time and Date Signature/Badge No./De t
Defendant hereby acknowledges receipt of the Restraining Order. I understand that pursuant to this court Order, I am not to have any contact with the named
plaintiff even if plaintiff agrees to the contact or invites me onto the premises and that I can be arrested and prosecuted if I violate this Order. I understand that
pursuant to N.J.S.A. 53:1-15 any person against whom a Final Restraining Order in a domestic violence matter has been entered shall submit to fingerprinting
and other identification procedures as required by law and I HAVE BEEN ADVISED THAT I MUST SUBMIT TO FINGERPRINTING AND OTHER
IDENTIFICATION PROCEDURES.
SIGNATUR
TIME / DA
The courthouse is accessible to those with disabilities. Please notify the court if you will require assistance.
DISTRIBUTION:FAMILY PART, PLAINTIFF, DEFENDANT, SHERIFF, OTHER (AOC 7/01)
e??, ? , I ? (.,,
Winter 2007
3/18/07 - Told my Dad that Cameron had some paint on his back that would come off with
rubbing alcohol. It was a sun tattoo in the exact color and location as his father's.
2/5/07 - This has been a tough week dropping Cameron off at daycare. He does not want me to
leave him there. He says he just wants to come home with me. He also tells me that he can get
in and out of his carseat on his own, and that his Daddy says he has to wear diapers to bed.
Fall 2006
10/13/06 - Acted out of character at daycare. Pushed another child, said they aren't his friend
anymore. Daycare noted this with me. Has begun saying that it's not fair that his Daddy can't
pick him up from daycare. This behavior is particularly worse on the Fridays that he knows he is
going to see his father. (letter from daycare is in 2- incident reports from daycare.pdf)
10/15/06 - Cameron returned from Chad with slice on right palm. Daycare questioned me about
it. I don't know what it is or where it's from ...only that he's saying it hurts him. (letter from
daycare is in 2- incident reports from daycare.pdf)
10/29/06 - Got in the car and asked if he could call his Daddy. This was right when Chad gave
him over to my parents. I said no, and he dropped it and hasn't brought it up again since. But,
he's coming back each time with new thoughts in his head.
11/10/06 - Did notwant to see his Father this weekend. He kept crying and crying that he
didn't want to go. I carried him to Chad where he proceeded to cry, but I assured him that I
would see him on Sunday. He gave no reason for not wanting to go. When he got back in the
car on Sunday, he repeated that he didn't want to go see his father anymore. I reminded him
that we have to take turns, but that he wouldn't have a turn for a little while. Has been saying
throughout interim two-week period that he doesn't want to see his father anymore.
11/24/06 - Cameron went to his father's today for the weekend. I couldn't be with my Mom,
Dad, and Frank for the exchange because I had to work. Mom called and said that Cameron was
screaming because he did not want to go with his father. Apparently, he screamed as much in
Chad's face and would not let go of my Dad. A bicycle cop approached Chad because he was
parked in a loading zone for this exchange. He had to take Cameron out of the car and then try
to get him in again, amidst screams that he did not want to be with his father.
11/27/06 - As soon as Cameron got in the car from being with his father, he asked why I don't
like his Daddy. Then he asked if he could call his Daddy. And on the morning of the 29th, he
asked if his Daddy could pick him up from school. When I asked him who says that, he said,
"Daddy." In these couple of days, he's gone back and forth between wanting to see his Dad and
not wanting to see him. But the routine is exactly the same every time he gets into the van after
a visit with him. He says things like "You don't love my Daddy." "You don't love me?" "I want to
see my Daddy. It's not Fair, fair, fair." "I want my Daddy to pick me up from school." These
things dissipate. in a day or two, but they always start as soon as he crawls in. Then I don't hear
them again until the next pickup from a weekend with his father.
12/8/06 - We got a note yesterday from Chad's lawyer saying that he'd be getting Cameron on
Friday. It didn't say if he'd be picking him up from school, so we went something confirming the
plans that he'd pick up at school between 11 and noon and drop off in Lancaster at 5. Chad
picked Cameron up from daycare today at 11:30. They said that he asked what types of things
Cameron is learning, and they showed him the doors in the classroom where each day's lesson is
posted. Cameron introduced Chad to his friends as his Daddy.
12/10/06 Frank got a call at 12:30 from Linda Morgan asking what time we intended to pick
Cameron up. She then said that Chad had just found out that he was supposed to drop Cameron
off at 5, but they had play tickets they'd had fora long time and couldn't drop him off until 6...so
that's when they'd be there. She wanted Frank to call me, but Frank said he didn't need
to...we'd expect Chad at 6. That was fine with me, but I called Paul and he said to let them
bring Cameron at 6, and ask for the ticket stubs. So, that's what I did. Chad arrived with
Cameron and handed him to my Mom. I asked him where the ticket stubs were and he pointed
begrudgingly towards Cameron's bag. He then said, I knew nothing about five o'clock today. To
which I responded, "But you knew you could pick him up on Friday at his school." He went into
a rant about my lawyer being a liar. I responded, "Oh, okay." He continued to carry on in loud
tones about it as I asked my Mom to walk away with Cameron. And then he said, "Thank you for
letting me bring him here now." I said, "That's all you had to say and walked away again." But,
he continued with his statements about my lawyer, etc. My Dad took him aside (away from us
and Cameron as we were walking back to the car), and talked to him for about five minutes or
so. During this time, Chad said that he would take me back to court for half custody and he
would win. He will get his son. He's given me everything... the money, the dogs, he doesn't
care, etc., etc., etc. He said that every counselor he's talked to has treated him like a piece of
shit for beating up on a woman ...he was surprised by that and that's not fair. He told my Dad
that he made a mistake when he threatened to kill me (with his hands around my neck), but that
I'd done the same to him. He said he should be able to call his son and say goodnight and call
me and talk to me about custody. It's not fair that he can't. Those are the same things
Cameron says when he comes home. So again, just about an hour after Cameron was in the car,
he asked me if I love his Daddy.
12/11/06 - When I picked Cameron up from school tonight, Miss Evelyn said he was upset
because his father hadn't given him a bath all weekend. He had said the same to me in the
morning. She said he also said that his father was saying bad words around him. I asked him
what his father said, and he said fire truck. I can only guess what that was! (letter from daycare
is in 2- incident reports from daycare.pdf)
12/18/06 - Came to the exchange with the supposed note he received from Marylou Matas that
did not indicate a change in the drop off time for Cameron. But if that were true, then how did
his Mother know to even call? Why wouldn't they have just shown up at 6, without checking?
Summer 2006
June 4 - 11, 2006 - First week with Chad, Cameron returned with bad diaper rash. Chad said that
it was from his bathing suit rubbing. I took pictures of it because it is horrible. He also had large
blisters on his feet and bruises on his shins, which he did not have when he left for Pennsylvania.
I took him to the doctor to have his chaffing and blisters evaluated.
July 2' - 9, 2006 Second week with Chad Cameron returned with more blisters... He's also
taken to saying "You don't love me, you don't love my Daddy," and "Mommy doesn't live with
Daddy," and finally, "Don't leave me."
July 30 -August 6, 2006 - Third week with Chad ...Again, Cameron returned with really bad
hfir,tPrq on his feet. In the ca . r on the wav home, he said, "You're stupid, I don't love you."
August 27 - September 3, 2006 - Fourth week with Chad: - some kind of ash on his head ...didn't
comment on it...didn't attempt to treat it. Next exchange, said it's hereditary.
August 29 - Chad picked Cameron up at his daycare, but before entering or identifying himself,
he stood outside the center videotaping the children on the playground. It was brought to my
attention by the staff at the center, since there are children there who are protected in foster
situations. I asked the center to let him know he shouldn't do that without permission, because I
didn't have anything to do with it. It is troublesome to me to know that he is that close to my
home with a video camera. (letter from daycare is in 2- incident reports from daycare.pdf)
V, VI ?
AL.
dear Mr. Morgan, 08/24/2006
It has come to my attention that on Monday, August 28#?`, 200 you
were using a video recorder outside of the building to record your son,
Cameron Morgan. Due to privacy rights of all of the children in our care,
this is prohibited. On future visits, pleate refrain from using a camcorder
while at the center.
Thank you, for understanding that it is our munber one concern to
protect the privacy of all children enrolled at our center.
a .? r
2
a
m
w dO
I
C3
1?4 41
a
C
at
v
d
c
cu
U ?
C ?
O
Q1 ?
d
<t n-
?.C7
?
c
ar
o ?
w a
p
d ?- u
?'? ,
Z
i
,a ?} Q
? C1
Q
co
O G W
X O
O
L C
E
E
b
r.., q
w
y
? O
xQ-
4 Lo cc v _
co 0
cp c o IP-
T
w
'
c a v ? ?
a> cL H o -?
? y Lh Q
c0 X
i :ar Mss Morgan,
I was a little concerned about Cameron on becem r 11'. He was
crying that his father did not give him a bath and he was saying bad wards to
Cameron like crap. Cameron was not having a good, day today, he was crying
and whining. I gust thought that I would bring this. to your attention.
Cameron usually is a .very happy little bay and to see him this way made me
worried, If you have any questions please come talk to me.
Thank you,
Miss Evelyn
? ?? ? ?
??
s s
rxreschool, Child Evaluation
Letter Recognition; (Upper Case)
Q Z
Hold Pencil Correctly:
Uses Scissors Properly: -Xm
Ree:Qgnizes First Name:
Attempts waiting first name =.a7
Recognizes primary
Recognizes shapes"_::) v -,C -
Teachex
`i
!x1°
early foundations-
pmschool
A KLC LEARNING PROGRAM
Preschool
for
BIRTHRATE
i x.007
EKLC3105 Bros 0 =5 n a All rights mwr/ed.
The KLC Early Foundations Preschool
aevelolamentgl Assessment
r
Dear Parents,.
This assessment is designed to assist teachers in observing, recording, and
understanding your child's skills, knowledge; behaviors; and accomplishments. It is
intended to help teachers and parents understand what children know and can do.
This assessment is not intended to be a means of comparing the progress of one child
M with that of another, nor is. it a list of "benchmark" measures for assessing a child's
readiness for the next level,
The Preschool Developmental assessment reflects common activities and expectations
in classrooms that are structured around developmentally appropriate activities. The
behaviors and skills described here are those considered to be typical and
developmentally appropriate for most children in this age group
The assessment is completed without actually testing the children. Teachers rely on
consistent observations, and carefully collect samples of each child's accomplishments
while constantly interacting with the children. Some items may require teachers to set
up specific opportunities or activities. that enable the children to demonstrate a specific
skill, but these activities are integrated into typical classroom routines as much as
possible.
Several times during the course of the year your child's teacher will indicate on the
developmental continuum where your child's skills fall. What we are looking for is
progress (skill development)over time. It is not expected that children will master each
of these skills before moving on to the next level of preschool or kindergarten. Some
skills will be mastered, while others will be just emerging'. Most will continue to improve
with practice for many months following preschool.
It is our hope that this assessment, along with the documentation in your child's
portfolio and teacher and parent observations,, will help paint a complete picture of your
child's development so that teachers can plan activities to promote your child's
individual growth and development:
Sincerely,
The KLG Education and Training Department
EKLC-3105 7105 0200 KL.C. AR rights reserved,
early foundations"
Opreschool
Preschool Developmental Assessment A KLC LEARNING PROGRAM
'
Social and Emofional Development:
Z g
- W Q LL 2
• Shows ability to separate from family and adfust to new social
situations
• Recognizestexpresses own feelings
• Displays feelings through words rather than behaviors
• Recognizes the feelings of others and responds appropriately
Acts to protect the feelings of others
r MENNN" 1 1 1
• Shows confidence in own abilities
• Shows awareness of self as having certain abifi#le:
characteristics, or preferences
• Shares with others
. Interacts with one or more peers
Uses thinking skills and. words to solve conflicts'
EKLC-3105 7/05- Page 1. *2005 KLQ.. AN ri" mmved;.
s
z W W
Approaches Toward Learning a'6
o 1=
!j J
Z ut 4 R,
• Shows curiosity In exploring objects or events
Shcwus interest In new dings or novel situations
• Uses a variety of art materials for tactile experience and creative
exploration
U
Shows persistence in completing a task
• Demonstrates self-direction and independence
Seeks help when needed to complete a task Sam
• Participates in creative music, drama, or dance
• Explores cause and'effect
;:zr
SSW
• Makes predictions based on experiences
• Recalls and expresses information from prior experiences w_
b w
Creates graphs or charts to represent information:
• Expresses self'through art: y?
• Participates cooperatively in group music experiences
• Shows flexibility in solving probfems, uses multiple strategies - -T`
` Applies knowledge in new ways
• Takes on pretence roles and situations; makes believe with
Y
objects;
F Fall W = Winter S = SRring
*Starred objet-ffm represent sk0s children wX be exposed to and w01 practice in oresdiod but are unlikely to master. These are skills chWhan will
continue to build later in the kindergarten and elementary years. An Indication of"Not Yet' or Emerging' for these starred objectives r appropriate
for a child in preschool.
EKLc-370.5 7M6 Page 2 0=61<1.0; All tights reserved.
Language and Communication Skills
cc
M
Z: w ¢g LL 2
t
• Ustens and shows interest in stories read aloud - -
• Listens during conversations and presentations
* Understands and follows oral directions
i
• Recognizes rhythm in music
K
• Follows directions stated in an action rhyme or song
• Uses vocabulary appropriate t
a
e level
,I
g
o
• Shows interest in new vocabulary
• Expresses self using words and sentences
MM-
0 Asks and/or answers questions
* Hears and discriminates letter and word sounds i---
* Recognizes and uses rhyming words
Associates sounds with letters
F = Fall W = Winter S = Spring
* Starred objectives represent skills children wig be exposed to and wN practice in preschool but are uniftly to master. These are slogs children will
continue to build later in the kindergarten and elementary years An indication of Not Yet' or `Emerging' for these starred objectives is appropriate
for a child in preschool
EKLC-3105 7105 Page 3 0 2005 KLG. All rights reserved,
i
Language and Communication Skills (continued)
• Shows interest in books and reading
Identifies a few familiar or favorite books
• Recalls information from prior experiences
•' Makes predictions about what will happen next in a story
C3
Z Cr
Ww w
H 0
W
QE-
CO .
J
Z W Q W S'
• Associates spoken wards and print
Makes predictions about print based on context clues, such as
pictures'
W: r
• Uses books conventionally r'`v
• Recognizes print in the environment
i
Recognizes awn name in print
Recognizes some frequently used words (sight words) in print
remonstrates knowledge of all alphabet letters
Retells a familiar story
tells a story, with a dear beginning, middle, and end.
5. ''? i I 1 --
F = Fa![ W = Winter S = Spring
*Marred objecxives represent skills children wilt be exposed to and will practice in preschool but are unli7c,-ty to master, These are skills chikken will
confine to build later in the kindergarten and elementaryyears An 7n?on of Not Yet, or 'Emerging, for these starred objectives is appropriate
ldr a child in preschool.
EKLC-3105 7105 Page 4 0 2005 KLa All rights reserved,
k
Cognition and General Knowledge r
z
• Observes and describes objects, events, or changes in the Z
-
o
w' W
F- rt
o r`
¢ g w
CC
? 2
environment
Gathers data from surroundings or observations
• Uses senses to explore materials or the environment
• Shows understanding of spatial relationships and directionality - ?
• uses tools to investigate'
Identifies similarities and differences
• Uses numbers to count
• Identifies numerals
Performs simple addition or subtraction using manipulatves
d
Arranges objects in order or in a series based on a characteristic
oattern9
and creates
copies
• Recognizes
,
,
,
uantities with accuracy
Estimates
q
Sorts objects Into subgroups' based on attributes
• Klatches objects that share similar characteristics
Identifies and names basic colors
• Identifies and names simple shapes
• Uses measurement tools
uses measurement, length, or weight words to describe '
Shows awareness of time concepts.
• Names and'iden-Wies family members
• Shows awareness of neighborhood resources and occupations
• Identifies the characteristics of places people live;, work, and play
F = Fati: W =Winter S = Spring.
*Starred objectives represent skills children will be exposed to and will practice In preschool but are ut*k&y to master. These are skills children will
continue to build later in the kindergarten and elementaryyears. An jndtcatfon of Not Yet` or Emerging' for these starred objectives is appropriate
for a child in preschool.
EKLC-3105 7105 Page 5 0 2005 KLC. Alf rights reserved.
z
z W w
w }
i
• Demonstrates rate of growth appropriate to age
• Demonstrates strength, stamina, and movement appropriate
to age'
• Shows energy and physical activity level appropriate to age
Mat(5
• Demonstrates' large motor skills such as running, jumping,
throwing, kicking, etc.
• Shows balance while moving
Shows coordinated body movement
• Uses equipment that requires coordinated. movements - riding a
tricycle,.throwing,a-halt; etc....:
*. Controls small muscles to use tools such as writing, drawing,
painting, cutting, etc:
• Coordinates eye-hand movements
• Creates a drawing with details
F
Demonstrates ircreas ng independence with self-care skills
• Follows basic health and safety rules
Uses classroom materials respectfully;
W Follows classroom rules and routines
F = Fall W = Winter S = Spring
EKmc3los- 7/05 Paga O ® 2005 KLG. All rights reserved:
? ??ti,? ?
Cameron's April Update
School Notes
• 1 am including a copy of Cameron's classroom newsletter and the
school newsletter, both indicating the activities in Cameron's
classroom and throughout the school.
• Cameron has a new teacher named Miss Michelle.
• His classmates include:
Emma, Mario, Alicia, Giovanni, and Victor
Cameron's biting seems to have subsided. He hasn't had any incidents at
school, and has filled a Good Boy Chart at home as a result. His new
teacher has written fantastic notes about him, including:
• "Cameron is such a smart little boy: He really enjoys circle time."
• "He really likes singing. Cameron was a great help during circle
time."
• "Cameron was such a great helper during circle time."
• "He is such a sweet boy."
"He enjoyed dancing to the music."
• "Cameron really enjoyed playing with his megaphone."
• "Cameron did a great job during circle time. He lead the other
children in the weather song."
Potty Training Progress'
On 4/11, his daily report said: "He is doing a great job with potty time."
And on 4/12: "Cameron did a great job with potty time."
Earlier this month, Cameron did exceptionally well using the potty;
however, he's since relapsed slightly. I try to take him shortly after he
drinks; and encourage him using praise, stickers, and stories.
Summer Scheduling
1 have scheduled a vacation with-Cameron the- week of August 1 -3-19.
According to the Court Order, you will have time with Cameron one out
of every four weeks from June through August, with no alternating
weekends. Please let me know as soon as possible what weeks you
intend to have Cameron throughout the summer, so that I can plan
accordingly.
Cameron Update
May 2006
School
I believe that Cameron was selected as Student-of-the-Month for the
Junior Honeybear classroom for the month of June. I do not yet know
what the characteristic is, but his teacher repeatedly remarks on how
sweet and helpful he is. He has been doing very well in school.
When I picked Cameron up from school on Tuesday, 5/30, 1 spoke with the
owner about his summer schedule. At that time, she informed me that
she would be closing his school at the end of the month due to significant
enrollment drop-off (at least three new centers have opened in the nearly
seventeen months Cameron has been at Remsterville). As such, I have
enrolled Cameron in the Logan Township Kindercare.
Cameron participated in a "complimentary day" at Kindercare this past
Friday, 6/2. His class in this new school is largely, if not entirely, made up of
students who were at Remsterville (including some who you met when
you visited there) and who have left there since Kindercare opened a
little over six months ago. In addition, many of the teachers who have
left Remsterville are also now at Kindercare. This will certainly help to ease
his transition to this new setting. For your records, I have enclosed the
business card of the Center Director, containing the school information.
His first day there will be June 26.
Parenting Time Schedule
We will pick Cameron up on Sunday, 6/11 at noon at Cracker Barrel in
Lancaster, with your next parenting period to resume Sunday, July 2 at
7 PM at Cracker Barrel.
Cameron Update
September 15, 2006
KinderCare Update
On September 5, Cameron began the three-year-old classroom
(Preschool A) at Kindercare with most of the other children who were in his
two-year-old class. His morning teacher is Miss Diane and his afternoon
teacher is Miss Lindsay. He has been learning about emotions, helping
others, and is learning to recognize letters, including A and T. He really
seems to like his new class and seems happy to have moved up with his
friends. The teachers have said he is doing very well.
The weekly tuition for this class is $177.
Health Update
When Cameron carne home on September 3, his scalp was red, with
scabbed and flaking skin. Because Cameron has never had that problem
before, I took him to the Pediatrician. He did take a sample to ensure that
he did not have any fungal infection. He recommended using the
shampoo that I provided for you (Sebulex). There are no special
directions other than just making sure it is all rinsed from his head. If the
problem arises again when you have him, he also recommended
applying mineral oil to his head. While it is messy, it did work and provided
quick relief. I have a follow-up appointment scheduled to make sure that
whatever it was has been resolved.: If there are any allergies to report,
will let you know.
c
Cameron Update
November 10, 2006
Cameron received his annual flu shot on Wednesday, November 1, 2006
in his upper left arm. As recommended, he has received flu shots every
year and has done very well in the daycare setting having had one.
You will notice that right now, Cameron has a bit of a cough. It seems to
be worse in the morning when he wakes up, but is okay throughout the
day.
Cameron hit his head on the slide at school on Monday afternoon. He
has a large bruise on the right side of his forehead as a result. The incident
report is attached.
r
Cameron's March 2007 Update
School Notes
Cameron has changed rooms at his school and is now in with Miss
Diane and Miss Kristen. For more information on this transition,
please talk with Miss Lynda or Miss Stephanie, the Directors, or his
teacher, Miss Diane who is there when you pick him up.
Doctor's Notes
I took Cameron for his yearly checkup on Thursday, March 8th, at
which time he received one shot for Hepatitis A. I have included an
up-to-date shot record. The doctor was pleased with Cameron's
growth and development. He did note that his right ear was a little
clogged and recommended using Debrox to loosen the wax in it
throughout the Spring.
Cameron has been asking me to use a "big boy seat" in my car. I
didn't think that he was big enough for a booster yet, so I promised
him that I would have the doctor measure him. At his appointment,
he weighed 30 pounds and measured 36 inches. The doctor
provided me with some information on the ideal measurement (40
pounds) for moving to a booster seat, based on pediatric safety
considerations. I am attaching that for you as well, in case you
were thinking of moving him to a booster seat.
He also reminded me about the importance of using SPF-15 or
higher sunscreen on Cameron, noting that sun exposure is most
dangerous to him in his earlier years.
C?
t ? .__ .?
-T' .--?
r .?
?' ? ?
r" ? ?.?
L_ "' ?
k??
CHAD WILLIAM IN THE COURT OF COMMON PLEAS OF
MORGAN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION - LAW
STEPHANIE ELAINE
MORGAN,
Defendant NO. 04-5991 CIVIL TERM
DEFENDANT'S PETITION TO TRANSFER CUSTODY ACTION
TO THE GLOUCESTER COUNTY SUPERIOR COURT FAMILY
FAMILY DIVISION, GLOUCESTER COUNTY, NEW JERSEY
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this Stn day of April, 2007, upon consideration of Defendant's
Petition To Transfer Custody Action to the Gloucester County Superior Court
Family Division, Gloucester County, New Jersey, which petition contains in
addition to a request for a transfer of the action to New Jersey a request for
modification of the existing custody order, it is ordered and directed as follows:
1. A Rule to show cause why the action should not be
transferred is issued upon Plaintiff, returnable within 10 days
of the date of this order; and
2. Defendant's request for modification of the existing
custody order is referred to the Cumberland County custody
conciliator and to the conference already scheduled by the
conciliator for April 20, 2007, and the Court Administrator is
requested to facilitate this referral.
BY THE COURT,
J. Wesley Ole?r r., J.
?b
fl
".-• L
?.
.?
.cZ q• ?
(? x
i, f'..1,'•' r? '.1
`r
<?^j
-r w."?. ?
s-y'??- '?`°
Y" ?'
??
E.? t-.1
40.
Marylou Matas, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
Paul H. Scull, Jr., Esq.
151 North Broadway
Pennsville, NJ 08070
Attorney for Defendant
Hubert X. Gilroy, Esq.
Custody Conciliator
Court Administrator
rc
1 1
CHAD WILLIAM MORGAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 04-5981
STEPHANIE ELAINE MORGAN, : Civil Action - Law
Defendant : In Custody
CERTIFICATE OF SERVICE
This is to certify that in this case, complete copies of all papers contained in the
attached document have been served upon the following persons by the following means and
on the dates stated:
Name and Address
Means of Service
Date of Service
Paul Scull, Esquire
151 North Broadway
Pennsville, NJ 08070
US First Class Mail
March 12, 2007
M ` tas, Esquire
Attorney ID 84919
Saidis, Flower and Lindsay
26 West High Street
Carlisle, PA 17013
Counsel for Plaintiff
SAIDIS,
yWNVIER &
LINDSAY
26 West High Street
Carlisle, PA
Dated: 3 [( ZP( 7'
m
.a
7-' - 3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CHAD WILLIAM MORGAN
No. 04-5981
Plaintiff
vs. : Civil Action - Law
In Custody
STEPHANIE ELAINE MORGAN :
Defendant
CERTIFICATE OF SERVICE
I, Paul H. Scull, Jr., Esquire, counsel for Stephanie Elaine Morgan,
Defendant in the above captioned action, herby certify that a true and correct
copy of the foregoing Petition to Transfer Custody Action to the Superior Court of
New Jersey, Chancery Division, Family Part, Gloucester County, New Jersey
was served upon Mary Lou Matas, counsel for the Plaintiff Chad William Morgan
by depositing same in the United States mail, first class on 12-7 /01
addressed as follows:
Mary Lou Matas, Esquire
Law Offices of Saidis, Flower & Lindsay
26 West High Street
Carlisle, Pennsylvania 17013
Date: 0
PAUL H. SCULL, JR., ESQUIRE
ID# 78006
151 North Broadway
Pennsville, New Jersey 08070
Telephone No. (856) 678-0700
Facsimile No. (856) 678-9366
paul(c)-sculllaw.com
Attorney for Defendant/Respondent
C? -n
r-.? ?
?
?
_..
rJ
V f..
..
r-.'
',
r-??
'-..?
'
-'- i 1
'
1?
C?'1 :.?
t.?J
{
'HAD WILLIAM MORGAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 04-5981
Judge Oler
STEPHANIE ELAINE MORGAN, : Civil Action - Law
Defendant : In Custody
PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO TRANSFER
CUSTODY ACTION TO THE GLOUCESTER COUNTY SUPERIOR COURT
FAMILY DIVISION, CLOUCESTER COUNTY, NEW JERSEY
AND NOW, comes Plaintiff, Chad W. Morgan, by and through his attorney,
lou Matas, Esquire, and the law firm of Saidis, Flower & Lindsay, and Answers
's Petition to Transfer Custody as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted. By way of further response, the Pennsylvania Protection from
Abuse Order was vacated by Order of Court dated December 4, 2005, and
the New Jersey Restraining Order is given full faith and credit. A copy of
SAIDIS,
FWWER &
LINDSAY
AT ORNM-AMAW
26 West High Street
Carlisle, PA
this Order is attached hereto and incorporated herein by reference as
"Exhibit A." There is not a separate Pennsylvania Protection from Abuse
Action at this time. Further, pursuant to the terms of the parties' Marital
Settlement Agreement, paragraph 3.3, Wife was to have made application
to the New Jersey Court to have the New Jersey Restraining Order
T
modified within 30 days of execution of the Agreement to allow for each
party to contact the other if the child suffers serious medical emergency
while in his or her care. A copy of this Agreement is attached hereto and
incorporated by reference as "Exhibit B." Defendant's counsel is
scheduled to make application to the Gloucester County Court on April
19, 2007 for such modification.
7. Admitted. By way of further response, Plaintiff completed his probation
successfully. A copy of a letter from his probation officer is attached
hereto and incorporated hereto by reference as "Exhibit C."
8. Admitted in part and denied in part. It is admitted that Plaintiff
commenced a custody action in Cumberland County, Pennsylvania. By
way of further response, that action was initiated on or about November
30, 2004. It is admitted that a final custody Order was entered in this
matter on April 17, 2006. It is denied that the custody Order regarding
custody of the parties' child is attached as Exhibit B to Defendant's
Petition. A copy of the relevant custody Order is attached hereto and
incorporated herein as Exhibit "D."
SAIDIS,
FLOVMR &
LINDSAY
ATMRNEYS•AT•LAW
26 West High Street
Carlisle, PA
9. Admitted.
10. Admitted.
11. Admitted. By way of further response, Mother removed the child from
Cumberland County to New Jersey without Father's consent in November
2004 and Father has requested, through appropriate legal action, that the
child spend as much time with him as possible.
r
12. Admitted.
13. Admitted.
14. Admitted in part and denied in part. It is admitted that the April 17, 2006
Order of Court regarding legal and physical custody did not specifically
state that the Court would retain jurisdiction over the matter. By way of
further response, the Order of April 17, 2006 did not specifically state
either that the Court was relinquishing jurisdiction over the matter of
custody. It is denied that there are no other witnesses than Plaintiff
present in Cumberland County whose testimony would be relevant in this
matter should this ever proceed to trial again. Specific proof is demanded
at trial. By way of further response, at the hearing held in February 2006
and April 2006 several character and expert witnesses were presented on
behalf of Plaintiff, all of whom were present here in Cumberland County,
who presented relevant information. Additional relevant witnesses could
and will be produced again if necessary. Furthermore, the child spends
significant time in Cumberland County with Father and significant
information regarding his well-being is available. Father contemplates
that as he awarded additional periods of custody there will be additional
information available here.
SAIDIS,
FI ONWR &
LINDSAY
AMRNM-AT- AW
26 West High Street
Carlisle, PA
15. Admitted.
16. Admitted.
17. Denied, to the extent that this paragraph alleges that "home state" is the
only means by which this Court has jurisdiction of this matter at this time.
? t
By way of further response, for the reasons set forth below, Plaintiff
alleges that this Court has exclusive, continuing jurisdiction of this
custody matter and has filed a modification of the custody Order. 23 Pa.
C.S.A. §5422 sets forth the test to determine whether a trial court retains
"exclusive, continuing jurisdiction" over its initial custody Order:
(a) GENERAL RULE: Except as otherwise provided in section 5424
(relating to temporary emergency jurisdiction), a court of this
Commonwealth which has made a child custody determination
consistent with section 5421 (relating to initial child custody
jurisdiction) or 5423 (relating to jurisdiction to modify
determination) has exclusive, continuing jurisdiction over the
determination until:
(1) a court of this Commonwealth determines that neither the
child, nor the child and one parent, nor the child and a person
acting as a parent have a significant connection with
Commonwealth and that substantial evidence is no longer
available in this Commonwealth concerning the child's care,
protection, training and personal relationships; or
(2) a court of this Commonwealth or a court of another state
determines that the child, the child's parents and any person
acting as a parent do not presently reside in this
Commonwealth.
(b) MODIFICATION WHERE COURT DOES NOT HAVE
EXCLUSIVE, CONTINUING JURISDCITION: A court of this
Commonwealth which has made a child custody determination and
does not have exclusive, continuing jurisdiction under this section
may modify that determination only if it has jurisdiction to make
an initial determination under section 5421.
18. Admitted. It is admitted that Pennsylvania is no longer the home state of
the child. By way of further response, Pennsylvania was the home state of
SAIDIS,
FLOWER &
LINDSAY
ATTORNM ADIAW
26 West High Street
Carlisle, PA
the child when the initial custody Complaint was filed by Plaintiff so that
this Court had jurisdiction under the UCCJEA, pursuant to 23 Pa. C.S.A.
§5421, to make an initial custody determination.
G i
4 t
19. Denied. It is denied that it is not in the best interest of the child for
Cumberland County to retain jurisdiction in this matter because neither the
Defendant nor the child have any connection with this county. Specific
proof thereof is demanded at trial. It is denied that specific evidence
concerning the present or future care, protection, training, schooling,
medical providers or family relationship of the child exists in Cumberland
County or in Pennsylvania. Specific proof is demanded at trial. It is
denied that all such information is in Gloucester County, New Jersey.
Specific proof is demanded at trial. By way of further response, the child
has significant connection with Cumberland County through his father, his
father's extended family and friends and the ties he has created here.
Substantial evidence was presented at the two day custody hearing in
February and April 2006 regarding the present and future care, protection,
training, schooling, medical providers and family relationships of the child
in Cumberland County and Pennsylvania. Additional evidence can be
produced if this matter proceeds to trial in the future in this county.
20. Admitted in part and denied in part. It is denied that Defendant has filed a
Petition for Modification of Custody; rather, Defendant has filed only the
within Petition to Transfer Custody and an Answer to Plaintiff's Petition
SAWIS,
FLOWER &
LINDSAY
AMRNM-AT IAW
26 West High Street
Carlisle, PA
for Modification. It is denied that is in the best interest of the child for
New Jersey to assume jurisdiction and appropriate for the Pennsylvania to
relinquish jurisdiction. Specific proof thereof is demanded at trial. The
allegation that Defendant believes it is in the best interests of the child for
the custody Order to be modified is a statement to which no response is
required. However, to the extent a response is required, it is of note that
Defendant did not file her Petition to Transfer Custody until after Plaintiff
requested an increase in his periods of custody, through an appropriate
filing through this Court. A custody conciliation conference is scheduled
to occur in Cumberland County before Hubert X. Gilroy, Esquire on April
26, 2007. (A conference was scheduled for April 20, 2007, but was
continued by the parties and counsel.)
21. Admitted in part. It is admitted that the UCCJEA suggests that a Court of
this Commonwealth may communicate with a Court in another State
concerning a proceeding arising under this Chapter, 23 Pa.C.S.A.
§5410(a). Plaintiff is unable to form a response as to the truth of the
remaining matters asserted in this paragraph.
WHEREFORE, Plaintiff requests your Honorable Court to deny Defendant's
ition to Transfer Custody Action to the Gloucester County Superior Court Family
ivision, Gloucester, New Jersey, to retain jurisdiction of this matter, and to move it
to conciliation as scheduled on Plaintiff s Petition for Modification.
Respectfully submitted,
SAIDIS,
FWVMR &
LINDSAY
ATMRNEVS•AT taw
26 West High Street
Carlisle, PA
Marylou Ma s, Esquire
Attorney Ia 4919
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
PPP-17-200 CL: 16P 7F0rrI:
TO: 9-'4.7C-,481::
?Y3- 6M
VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
r
DATE:
Chad W. Morgan, Plaintiff
F.1-''1
Z
Stephanie Elaine Morgan, on behalf IN THE COURT OF COMMON PLEAS OF
of herself and minor child, Cameron
William Morgan CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 04-5917 CIVIL TERM
v
PROTECTION FROM ABUSE
Chad William Morgan
Defendant
ORDER OF COURT
AND NOW, this 2nd day of December 2004, upon consideration of the attached Petition,
the Temporary Protective Order entered in the above-captioned case entered on November 24,
20004, is hereby vacated and the action withdrawn without prejudice to Plaintiff.
AND the Protection From Abuse Order entered on November 29, 2004, by the Superior
Court of New Jersey, Chancery Division, is attached and shall be entered by the Prothonotary as
the Final Order in this case. The attached order shall be given full faith and credit by the Sheriff
of Cumberland County and all other appropriate law enforcement agencies.
A certified copy of this Order shall be provided to the Police Department by Plaintiffs
attorney.
By the Court,
Date
7 7
Tani;
J. Wesley bier, Jr:;/Judge
Eli} C "
a 7
Stephanie Elaine Morgan, on behalf
of herself and minor child, Cameron
William Morgan
Plaintiffs
V
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5917 CIVIL, TERM
PROTECTION FROM ABUSE
Chad William Morgan
Defendant
PETITION TO VACATE ORDER
AND TO ENTER FOREICT; OR
DER Plaintiff, Stephanie Morgan, by and through her attorneys, Jessica Diamondstone and Grace
E. D'Alo of MidPenn Legal Services requests that the Court vacate the Temporary Order-of Court in,,
the above-captioned case and that the action be withdrawn on the grounds that:
1. A final Protective Order was entered on November 29, 2004, bythe Superior Court ofNew
Jersey, Chancery Division;
2. This final order was issued after defendant was provided with notice and the opportunity
to be heard and should be given full faith and credit pursuant to the Violence Against Women Act of
1991, at 18 U.S.C.A. Sec. 2265 (a) and 2266.
2. Plaintiff requests that this Court's temporary order be vacated and the action
withdrawn without prejudice to the plaintiff;.
3. A copy of this Order and the New Jersey Order will be provided to the Sheriff's
Department and the Carlisle by attorney for Plaintiff.
4. Defendant's attorney, Jason Kutulakis, concurs in requesting this relief.
WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the
Temporary Order, and enter the New Jersey order.
a apectfully submitte
G e E. D'Alo, Attorney for Plainti
PENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
Idhv H, 2004 9.10AM taw Offices of Paul H Scull, Jr, No.9285 P. 2
. PREVENTION OF S OMESTIC VIOLENCE ACT
SALEM COUNTY, Superior Court, Chancery Division, Family Part
® FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER
DOCKET NUMBER FV-17.000241-05
DEFENDANT DEFENDANT'S DEFENDANT'S HT 5'10" DEFENDANT'S
MORGAN, CHAD SEXI RACE DATE OF BIRTH 03/0111874 S134 151 -84.7580
DEFENDANT'S 11 SPRING VIEW COURT
HOME ADDRESS
DEFENDANT'S
WORK ADDRESS
SCARS, FACIAL HAIR, ETC. DEFENDANT'S HOME TELEPHONE NO,
( ) -
HAIR COLOR: BROWN DEFENDANT'S WORK TELEPHONE NO.
f
EYE COLOR: HAZEL
The Court having considered plaintiffs Complaint dated 11/2412004 seeking an ORDER under the Prevention of Domestic Violence Act, having
established jurisdiction over the subject matter and the parties pursuant to N.J.S.A. 2C:25-17 et seq„ and having found good cause to believe that
plaintiffs life, health or well-being have been and are endangered by defendant's act(s) of violence:
It is on this 2911 Day of November 2004 ORDERED that:
BOUGHT GRANTED PART I RELIEF
DEFENDANT:
1. El ® You are prohibited against future acts of domestic violence.
2. ® You are barred from the following location(s);
® RESIDENCE(S) OF PLAINTIFF [l PLACE(S) OF EMPLOYMENT OF PLAINTIFF
? Other
?. ® You are prohibited from having any (oral, written, personal, electronic or other) form of contact or communication with:
® Plaintiff
? Others (List names & relationship to plaintiff): PLA'S PARENTS )=RANK JR & MARY
MAURER & BORTHER FRANK III MAURER & LARRY MAURrR
4. ® ?I You are prohibited from making or causing anyone else to make harassing communications to:
® Plaintiff
? Others (Same as above or list names & relationship to plaintiff): SAME AS ABOVE
5. ® ® You are prohibited from stalking, following, or threatening to harm, to stalk or to follow:
® Plaintiff
[]Others (Same as above or list names & relatonshlp to plaintiff): SAME AS ABOVE
6.17 ? You must pay ? plaintiff ? dependent (s) emergent monetary relief (describe amount and method):
7.7 M Other appropriate relief:
Defendant (including substance abuse, mental health or other evaluations and subsequent treatment):
3. ? ? Psychiatric evaluation:
).7
?
Intake monitoring of conditions and restraints (specify)
0lation of any section of this Order by defendant can result n arrest an Incarceration, On y a Court can change t s r er.
I
Nov.M 2004 9:IOAM Law Offices of Paul H Scull, Jr, No, 9285 P• 2Pa0lle2014
® FINAL RESTRAINING ORDER (FRO)
PREVENTION OF DOMESTIC VIOLENCE ACT
? AMENDED FINAL RESTRAINING ORDER F'V-17-000241.05
ouGHT GUNTEO PART I RELIEF continued
DEFENDANT:
10. ® ® PROHIBITION AGAINST P088ESSION OF WEAPONS: You are prohibited from possessing any and all firearms or other
weapons and must Immediately surrender these firearms, weapons, permits to carry, applications to purchase firearms and
firearms purchaser ID card to the officer serving this court Order. Failure to do so can result in your arrest and Incarceration,
Other Weapon(s) (describe) ANY/ALL OR PURCHASER'S ID CARD
PLAINTIFF:
11. ? ® You are granted exclusive possession of (residence or alternate housing, list address only if specifically known to defendant):
MARITAL HOME IN MECHANICSBURG, PA EACH SUN 6PM TQ_
MON 6PM, DEF HAS POSSESSION ALL OTHER TIMES.
12. ®® You are granted temporary custody of (specify name(s)): CAMERON MORGAN
13. ? ? Other appropriate relief:
Plaintiff (describe)
Child(ren) (describe)
LAW 5NFORCEMENT OFFICER
You are to accompany to scene, residence, shared place of business, other (indicate address, time, duration & purpose):
? ? Plaintiff:
? Defendant:
WARRANT TO SEARCH FOR AND TO SEIZE WEAPONS FOR SAFEKEEPING:
? To any law enforcement Offlcer having lurlsdIction - this Order shall serve as a warrant to search for and seize any issued
permit to carry a firearm, application to purchase a firearm and firearms purchaser identification card issued to the defendant and
the following firearm(s)or weapon(s)
1. You are hereby commanded to search the premises for the above described weapDns and/or permits to carry a firearm,
application to purchase a firearm and firearms purchaser ID card and to serve a copy of this Order upon the person M the
premises or location described as:
2. You are hereby ordered In the event you seize any of the above described weapons, to give a receipt for the property so seized
to the person from whom they were taken or in whose possession they were found, or in the absence of such person to have a
copy of this Order together with such receipt in or upon the said structure from which the property was taken,
3. You are authorized to execute this Order immediately or as soon thereafter as is practicable,
? ANYTIME ? OTHER:
4. You are further ordered, after the execution of this Order, to promptly provide the Court with a written inventory of the property
seized per this Order.
A. .,ilation of anysection of this Order by defendant can result In arrest and Incarceration. Only a Court can change this Order,
NIOV.H. ZUU4 U:IUAM Law Offices of Paul H Scull, Jr, No -9?85 P• 41'age30r4
PREVENTION of DOMESTIC VIOLENCE ACT
I? FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER FV-17.000241.05
SOUGHT QRANTED PART II RELIEF
DEFENDANT:
? ? You acknowledge parentage of-
2, ? ? You must submit to genetic testing:
3, ® ? No parenting time (visitation) until further order,
a. [] ? Parenting time (visitation) pursuant to (prior FV, FM, or FD Order)V -ls suspended, a
hearing is scheduled for:
5. ? ? Parenting time (visitation) Is ordered as follows: (specify drop-off and pick-up times and locations, participation of or supervision by
designated third party):
6. ? ? Risk assessment ordered (specify by whom):
Return Date:
7,17 ? You must provide compensation as follows: (Appropriate notices have been attached as part of this Order);
? 0 Emergent support - plaintiff:
? ? Emergent support - dependent(s)
? Interim suppom - plaintiff:
7 Interim support - dependent(s):
? ? Ongoing plaintiff support:
Paid via income withholding through the, Probation Div,
? ? Other:
? ? Ongoing child support:
Paid via income withholding through the: Probation Div.
-] ? Other
? Medical coverage for plaintiff
9. ? ? Medical coverage for dependent(s):
10,71 ? Compensatory damages to plaintiff:
11.71 ? Punitive damages (describe):
12,71 ? You must pay compensation to (specify third party and/or VC019, and describe):
? ?
13.71 ® You must participate in a batterers intervention program (specify): ALTERNATIVE TO VIQLENCE PROGgAM
THROUGH SALEM COUNTY WOMEN'S SERVICES, _
14.71 ? You must make: ? rent ? mortgage payments (specify amount(s) due date(s) and payment manner):
15.71 ® Defendant is granted temporary possession of the following personal property (describe):
MARITAL HOME IN MECHANICSBURG, PA. EXCEPT PLATO
HAVE HOME EACH SUN 6PM-MON 6RM.
® You must pay a civil penalty of $ 50.00 ($50.0010 $500.00) per N,J,S,A 2C:25-29 (DVVF) to: PAY THRU PROS
within JLdays. You will be charged a $2.00 transaction fee for each payment or partial payment that you make.
? Waived due to extreme financial hardship because:
OUGHT GRANTED
'LAINTIFF:
b.? ? Plaintiff is granted temporary possession of the following personal property (describe)
v o ation o any sect on o this Order by defendant may rasul in arrest an incarceration, Only a Court can c ange t e Ore-r,
k ivO? - OU - LUU4 y 1UAM Law UttlCeS of Paul H Scull, Jr. No-9285 P. 5Pap 4 otA
® FINAL RESTRAINING ORDER (FRO
'OMMENTS: BOTH PARTIES TO ATTE
PREVENTION OF DOMESTIC VIOLENCE ACT
? AMENDED FINAL RESTRAINING ORDER FV•17.000241-05
)VIP, DEF MAY SUBMIT DOCUMENTATION OF AN
ANGER MGMT PROGRAM IN NJ. ALL PARTIES PROHIBITED FROM DISPOSING OF
. 1.--1 A nnrrn nr-r kI % AT/-1A17 M Ain /%/11 IAIVCI DG- UAMTIA f 11• 4
COUNSELING
This Order is to become effective Immediately and ahall remain In effect until further Order of the Superior Court, Chancery Division, Family Part.
ALL LAW ENFORCEMENT OFFICERS WILL SERVE AND FULLY ENFORCE THIS ORDER,
THE PLAINTIFF SHALL NOT BE ARRESTED FOR A VIOLATIWF THIW RESTRAINING ORDER.
11129/2004
DATE
THIS FINAL RESTRAINING ORDER WAS ISSUED AFTER DEFENDANT WAS&ROVIDED WITH NOTICE AND THE OPPORTUNITY TO BE
HEARD AND SHOULD BE GIVEN FULL FAITH AND CREDIT PURSUANT TO THE VIOLENCE AGAINST WOMEN ACT OF 1991, SEC. 40221, CODIFIED
AT 1s U.S.C.A. S2265(a) AND S2266,
IF ORDERED, SUFFICIENT GROUNDS HAVE BEEN FOUND BY THIS COURT FOR THE SEARCH AND SEIZURE OF FIREARMS AND OTHER
WEAPONS AS INDICATED IN THIS COURT ORDER.
NOTICE TO PLAjNTIFF AND DEFENDANT
IMPORTANT: The parties cannot themselves change the terms of this Order on their own. This Order may only be changed or dismissed by
the Family Court. The named defendant cannot have any contact with the plaintiff without permission of the court, If you wish to change
the terms of this Order and/or you resume flvinp together, you must appear before this court for a rehearing,
A violation of any of the provisions listed in this Order or a failure to comply with the directive to surrender all weapons, firearm
,rmits, application or identification cards may constitute criminal contempt pursuant to N.J.S.A. 2C: 29-9(b), and may also constitute
,violations of other state and federal laws which can result in your arrest andlor criminal prosecution. This may result in a al4 6entence.
NOTICE TO DEFENDANT
RETURN OF SERVICE
? Plaintiff was given a copy of the Order by
Print Name Time and Date Signature/Badge No./Dept.
? 1 hereby certify that I served the within Order by delivering a copy to the defendant pemonaliy:
Print Name Time and Date Signature/badge No./Dept,
711 hereby certify that l served the within Order by use of substituted service as follows:
Print Name Time and Date Signature/Badge No./Dept,
? Defendant could not be served (explain):
Print Name Time and Date Signature/Badge No./Dept
)efendant hereby acknowledges receipt of the Restraining Order. I understand that pursuant to this court Order, I am not to have any contact with the named
plaintiff even if plainfdf agrees to the contact or Invites me onto the premises and that I can be arrested and prosecuted if I violate this Order. I understand that
)ursuant to N.J.S.A. 53:1-15 any person against whom a Final Restraining Order in a domestic violence matter has been entered shall submit to fingerprinting
end other identification procedures as required by law and 1 HAVE BEEN ADVISED THAT I MUST SUBMIT TO FINGERPRINTING AND OTHER
)ENTIFICATION PROCEDURES.
;IGNATURE
TIME / DATE:
i Its courthouse is accessible to those with disabilities, Please notify the court if you will require assistance.
ISTRIBUTION:FAMILY PART, PLAINTIFF, DEFENDANT, SHERIFF, OTHER (A00 7101)
MATRIMONIAL SETTLEMENT AGREEMENT
C) C3
This is an Agreement, made this 5'oday of ary-,12007 between Stepbl - ie E. ,
r, ( i7-7
Morgan of 7 Lakeside Drive, Township of Logan, County of Gloucester, State of-New
Jersey (hereinafter referred to as "Wife") and Chad W. Morgan, of the County o
Cumberland, Commonwealth of Pennsylvania (hereinafter referred to as "Husband"j. r
WHEREAS, the parties were married on May 29, 1999 in Carney's Point
Township, New Jersey in a religious ceremony; and
WHEREAS, there is one child born of the marriage, Cameron William Morgan,
date of birth, January 23, 2004; and
WHERAS, the parties wish to make arrangements in connection with their living
separate and apart, including the settlement of their property rights; the support and
maintenance of Husband and Wife; and all other rights and obligations growing out of the
marriage relationship;
IT IS, THEREFORE, for the consideration of the mutual promises, covenants,
and agreements herein contained, AGREED by and between Husband and Wife as
follows:
ARTICLE, T
AGREEMENT TO LIVE SEPARATE AND APART
1.1 It shall be lawful for each of the parties at all times to continue to live
separate and apart from the other and to conduct, carry on and engage in any
employment, business or trade which either may deem fit, free from any control, restraint
or interference, directly or indirectly, by the other in all respects as if the parties were sole
and unmarried.
Page 1 of 16
ARTICLE II
SUPPORT AND MAINTENANCE OF HUSBAND AND WIFE WAIVER
OF ALIMONY AND SPOUSAL SUPPORT.
2.1 Wife, for her part, hereby forever releases, remises, discharges and agrees to
waive any right title or interest she may have in receiving any alimony pendente lite,
alimony, or spousal support whatsoever from husband. Similarly husband forever
waives any and all right, title, interest and completely remises and discharges any
obligation of the wife to pay alimony pendente lite, alimony, or spousal support to him,
for the reasons stated below. Both parties agree that they will, on their own, be able to
maintain the same standard of living that they both enjoyed during the course of the
marriage without the need for spousal support of any kind. Wife filed a Complaint for
Spousal Support through the Cumberland County, Pennsylvania Domestic Relations
Section. Upon execution of this Agreement, Wife also shall sign whatever documents
necessary to withdraw and terminate that action at Domestic Relations and shall request
no further spousal support, alimony pendent elite, or alimony whatsoever.
ARTICLE III
LIFE INSURANCE, MEDICAL INSURANCE, PAYMENT
OF NON-REIMBURSED MEDICAL EXPENSES
3.1 The Husband shall maintain life insurance in the minimum amount of
$250,000.00 with the child named as irrevocable beneficiary and the paternal
grandmother as Trustee. The Husband shall provide proof of such coverage within 30
days of the execution of this Agreement, and no less than annually thereafter.
Page 2 of 16
The Wife shall maintain a life insurance policy in the minimum amount of
$250,000.00 which she shall maintain naming the child as irrevocable beneficiary and
maternal grandmother as Trustee. The Wife shall provide proof of this coverage within
30 days of the execution of this Agreement, and no less than annually thereafter.
The Husband and Wife shall not hypothecate, borrow against, or
encumber the life insurance policies required by this paragraph or do any act or allow any
act to be done that detracts from the death benefits of said policy or from the face value
thereof so long as this insurance is required to be maintained.
The Husband and Wife shall provide true and accurate information on any
application for insurance or any statements submitted to the insurance carrier. The
Husband and Wife shall send to the other copies of all applications and/or statements
provided to the insurance company with regard to this coverage within ten (10) days of
such documents being sent to the insurance carrier.
The Husband and Wife shall provide to each other proof of insurance on
an annual basis. Additionally, by their signature on this Agreement, each party gives its
authorized consent to the other to contact directly the other's insurance company for
verification of the existence of the required insurance and beneficiary designation, and
authorizes the insurance company to provide that party with the information necessary to
corroborate the satisfaction of the provisions of this Agreement.
In the event that either party fails to maintain the life insurance coverage
required by this Agreement, any amounts that the child would have received had the
required coverage been maintained shall be paid out of that party's estate.
Page 3 of 16
i
By entering into this Agreement and for consenting hereto, the parties, as
Grantors, create a trust for the benefit of their child with the life insurance proceeds as
described in this paragraph naming a third party as Trustee. If the child of the parties
becomes entitled to a share of the life insurance proceeds placed in trust for the child such
share shall be held by the Trustee, in trust, for the following uses and purposes: To
manage, invest and reinvest the same, to collect the income and to apply the net income
and principal for such minor's care, support, maintenance, education and general welfare,
to such extent and at such time or times and in such manner as the Trustee, in his or her
sole and absolute discretion, deems advisable, until such minor reaches the age of twenty-
one (21) years, and thereupon to transfer, convey and pay over the principal of the trust,
as it is then constituted, to such minor. Any such application may be made without bond,
without intervention of any guardian, without order of court, without regard to the duty of
any person to support such minor, and without regard to any other funds, which may be
available for the purpose. Any net income not so applied shall be accumulated and added
to the principal of the trust at least annually and thereafter shall be held, administered,
and disposed of as a part thereof.
3.2 The Husband and Wife shall each be responsible for all of his or her own
medical insurance, unreimbursed medical, dental or any other health related costs.
3.3 Wife currently has a Restraining Order in New Jersey against Husband,
restricting Husband from having any contact with Wife. Therefore, Wife agrees to
modify the Restraining Order so as to allow each party to contact the other if while in his
or her custody, the child suffers serious illness or requires emergency medical or dental
treatment or hospitalization. Wife shall file all necessary documents to modify the New
Page 4 of 16
Jersey Restraining Order in accordance with the terms of this paragraph within thirty (30)
days of execution of this Agreement. Until Wife makes such modifications to the Order,
the parties shall abide the Order's terms as they may be in effect.
ARTICLE IV
EQUITABLE DISTRIBUTION OF PROPERTY AND LIABILITIES
4.1 MARITAL ESCROW ACCOUNT
Currently there exists a marital escrow account being held in trust
consisting of funds representing the equity due the parties from the sale of the marital
residence. Wife shall receive the sum of $37,500.00 from this account as and for her
equitable interest in the former marital home. Said sum shall be made payable directly to
Wife and delivered to her counsel within fifteen days from the date this agreement is
executed. Husband shall receive the remainder of the funds of this account, which totals
approximately $19,000, as and for his equitable interest in the former marital home. Said
sum shall be transferred to him concurrently with the payment to the Wife of any sums
required hereunder.
4.2 AUTOMOBILES
The parties shall retain any and all vehicles presently in their possession. The
Husband shall be responsible for all costs associated with his vehicle including but not
limited to payments, repairs, maintenance and auto insurance. Similarly the Wife shall be
responsible for all costs associated with her vehicle, including but not limited to, loan
payments, repairs, maintenance and auto insurance.
4.3 BANK ACCOUNTS
The parties have closed all joint bank accounts and have divided the monies to
Page 5of16
t
their mutual satisfaction. Each party shall retain all funds contained in their bank
accounts in his/her own name without credit to the other.
4.4 PENSIONS AND RETIREMENT ASSETTS
Both parties have 401 K accounts by virtue of their past and present employment.
The Wife has a 401 K account as a result of her employment with Advantica. The Wife
shall retain this 401 K account as her sole and exclusive property, and the Husband
hereby waives any interest he may have in the 401K account of the Wife.
(A) The Husband has a pension as a result of his employment with Tyco
Electronics, which was acquired during the marriage. The Wife shall waive any right
title and interest she may have in and to the Husband's pension. The Husband shall
retain sole ownership of this asset.
(B) The Husband also has a 401K Plan as part of his benefit package from
Tyco Electronics, which was acquired during the marriage. The parties agree that Wife
shall receive $25,000.00 from the 401 K account of husband by way of rollover. The
parties have agreed that said $25,000.00 sum shall be liquidated immediately, and Wife's
portion shall be immediately paid to her. This rollover shall be effectuated by way of a
Qualified Domestic Relations Order. Counsel for Husband shall immediately prepare this
order and submit this order to the plan administrator for pre-approval within fifteen days
from the date this agreement is signed. Both parties shall cooperate with the signing of
all documents necessary to implement the terms of this sub paragraph, which includes all
documents necessary to effectuate the terms of the Qualified Domestic Relations Order.
Until such time as the Plan Administrator accepts and implements the 401K
Page 6 of 16
i
liquidation, the Husband shall continue to maintain the Wife as the beneficiary thereon,
and any amounts that the Wife would have received had the required beneficiary
designation been maintained shall be paid to the Wife by Husband's estate, heirs, assigns,
or benefited third parties.
It is the intention of the parties that this Settlement Agreement will be binding on
the Husband's and Wife's estate, heirs, assigns or benefited third parties. Should either
party take any action at variance with the terms of this provision or to the detriment of the
other, then the Husband or the Wife, or their respective estates shall be required to make
sufficient payments directly to the aggrieved party to the extent necessary to neutralize
the effect of their actions or inactions and to the extent of the other parties full
entitlements hereunder. In addition, all legal fees and expenses incurred by either party
to enforce this provision are to be paid by the opposing party's, his heirs, assigns, estate
or benefited third parties.
4.5 FURNITURE & PERSONALTY
The parties have previously divided the household items and marital
furnishings by mutual agreement, and each shall keep the furniture and personalty in their
possessions free and clear of any interest of the other. By reference, the term personalty
includes the family dogs, which are presently in the possession of the Wife and shall
remain in her possession.
4.6 DEBTS
The parties have no joint debts. From the date of the signing of the within
Agreement, the parties shall each be responsible for any and all debts or obligations they
may accrue individually. Each party shall and does hold the other party free, harmless,
Page 7 of 16
i t
and indemnified for any and all such obligations, now and in the future. The parties
represent that they have not caused or incurred any debts that may bind the other party,
and that in the event any such debts were incurred, they shall indemnify and hold the
other party harmless for said debts.
4.7 MOTOR HOME
The parties own as tenants by the entireties a 1994 JAYCO Motor Home. The
parties agree that this asset shall be retained by the Husband and shall remain his sole and
exclusive property and that the wife shall waive, remise, and forever discharge any
interest she may have in said Motor Home. For her part wife shall sign any documents
necessary to transfer title to the Motor Home to the Husband and to provide him with any
keys to the Motor Home presently in her possession within fifteen (15) days of the
execution of this agreement.
ARTICLE V
MISCELLANEOUS PROVISIONS
5.1 INDEPENDENT COUNSEL: The parties acknowledge that the
provisions of this Agreement are, by them, deemed to be fair and adequate and
satisfactory as to each of them. They both acknowledge that they have had an
opportunity for INDEPENDENT representation by counsel of their own selection and
choice with respect to all aspects of this agreement. They acknowledge that the other
party has in no sense participated in the selection of their individual counsel. The Wife
has been represented by Paul H. Scull, Jr. Esquire of The Law Offices of Paul H. Scull,
Jr., Pennsville, New Jersey, the Husband has been represented by Marylou Matas,
Esquire of the Law firm of Saidis, Flower and Lindsay, Carlisle, Pennsylvania.
Page 8 of 16
Y
R
5.2 DOCUMENTS: Husband and Wife hereby agree to execute any and all
other papers or instruments in writing if and when such execution shall be necessary, in
order to effectuate the express conditions of this Agreement.
5.3 MODIFICATION OR WAIVER: This Agreement, containing the entire
understanding of the parties, shall be binding on the parties, their heirs, executors,
administrators, and assigns. It is the whole and only Agreement between Husband and
Wife and shall not be modified or varied by oral understandings.
5.4 STTUS: This agreement is entered into in the Commonwealth of
Pennsylvania and shall be construed and interpreted under and in accordance with the
laws of the Commonwealth of Pennsylvania.
5.5 PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and
shall, at all times hereafter, live separate and apart. They shall be free from any control,
restraint, interference or authority, direct or indirect, by the other in all respects as if they
were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and
engage in any business, occupation, profession or employment which to him or her may
seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each
other or the respective families of each other nor compel or attempt to compel the other to
cohabit nor dwell by any means or in any manner whatsoever with him or her. Wife
currently has a final Restraining Order against Husband in the State of New Jersey. Such
Order shall be modified, pursuant to paragraph 3.3 of this Agreement, and may be
modified further in the future as the Court may permit or the parties may agree. Any
modification of that Restraining Order, in part or in whole, shall not subject any other
term or paragraph of this Agreement, in part or whole, to modification in any way.
Page 9 of 16
1
r
5.6 STRICT PERFORMANCE: Failure on the part of either party to insist
upon performance of any of the provisions of this Agreement shall in no way constitute a
waiver of any subsequent default of the same or similar nature.
5.7 NO BAR TO DIVORCE; NO MERGER: Nothing in this Agreement
shall be construed as relinquishment by either party of the right to prosecute or defend
any suit for divorce in any court of proper jurisdiction. It is further specifically
understood and agreed that the provisions of the Agreement relating to the equitable
distribution of property of the parties are accepted by the party as a final settlement for all
purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of
separation or divorce in any other state, country or jurisdiction, each of the parties to this
Agreement hereby consents and agrees that this Agreement and all of its covenants shall
not be affected in any way by any such separation or divorce; and that nothing in any
such decree, judgement, order of further modification or revision thereof shall alter,
amend or vary any term of this Agreement, whether or not either or both of the parties
should remarry, it is being understood by and between the parties that this Agreement
shall survive and shall not be merged into any decree, judgement, or order of divorce or
separation.
5.8 INCORPORATION WITHIN DECREE: It is specifically agreed,
however, that a copy of this Agreement may be marked into evidence at the time of a
final divorce hearing and may be incorporated, by reference into a divorce decree. This
incorporation, however, shall not be regarded as a merger, it being the intent of the
parties to permit this Agreement to survive any such decree.
Page 10 of 16
j
5.9 COUNSEL FEES: Each party shall be responsible for the payment of
their own counsel fees in connection with the negotiation and preparation of the within
Agreement and all fees in connection with the ensuing divorce litigation.
5.10 WAIVER OF CLAIMS: Except as expressly set forth in this
Agreement, or as may arise out of the making of this Agreement, each of the parties
hereby releases the other of and from any and all claims, demands for damages of any
and every nature which either of the parties ever had, now has, or may hereafter have
against the other, arising out of or in connection with any matter or thing whatsoever up
to the date of this Agreement.
5.11 NON-COLLUSION: The parties agree that there have been no collusive
agreements made by either party of them orally or in writing, nor have any representation
by one party been made to the other regarding divorce to be secured in this or any other
jurisdiction, and this Agreement has not been made for the purpose of encouraging any
uncontested litigation now pending or which may be undertaken in any matrimonial
action of any kind between the parties and submitted for the court's approval.
5.12 HEADINGS FOR REFERENCE ONLY: The headings preceding the
text of the several sections of this Agreement are inserted for convenience and shall not
affect the meaning, construction, scope, or effect to this Agreement.
5.13 PARTIAL INVALIDITY: If any of the provisions of this Agreement
are held to be invalid or unenforceable, all other provisions shall nevertheless continue in
full force and effect.
5.14 WARRANTY OF DISCLOSURE: The parties warrant and represent
that they have made full disclosure of all income and assets prior to the execution of this
Page 11 of 16
Agreement. Although said disclosure did not take a formal form, the parties
acknowledge that reference has been made within this Agreement to all assets that were
acquired during the marriage.
The parties further acknowledge that prior to execution of this Agreement they
were advised of their rights to pursue discovery including but not limited to,
interrogatories, depositions, hiring of experts, including accountants, and appraisers, as
well as the right to pursue other discovery techniques as they might otherwise have to
pursue discovery with regard to the income and assets of the other party.
The parties further acknowledge that by entering into this Agreement they are
satisfied with the disclosures which have been made and are further satisfied that this
Agreement is a fair, reasonable, and equitable resolution of all issues dividing the parties.
5.15 BANKRUPTCY: In the event of the declaration of bankruptcy by either
party, then, in that event, each shall continue to remain personally liable to the other for
any and all expenses incurred by the other person either in connection with the defense of
any suit instituted by creditor or in connection with the payment of any monies to such
creditor. It is the intention of the parties that any bankruptcy filed should be effective as
against the creditor but shall not be intended to act to the financial detriment of the other
spouse. The parties further agree that in the event a financial detriment to the other
spouse is encountered as a result of the bankruptcy laws, then, in that event, any
provisions regarding equitable distribution and/or alimony shall be modified so as to
compensate the aggrieved party for the financial loss. Either party shall give notice to the
other of the filing of any bankruptcy within five (5) days of filing the same.
Page 12 of 16
? i
5.16 WAIVER OF CLAIMS AGAINST ESTATES: Except as herein
otherwise provided, each party may dispose of their property and each party waives and
relinquishes any and all rights either may now have or hereafter acquire under the present
or future laws of any jurisdiction to share in property or the estate of the other as a result
of the marital relationship including but not limited to dower, curtesy, statutory
allowance, widow's allowance, homestead rights, right to take intestacy, right to take
against the will of the other, and the right to act as administrator of the others estate, and
each party will, at the request of the other, execute, acknowledge and deliver any and all
instruments that may be necessary or advisable to carry into effect the mutual waiver and
relinquishment of all interest, claim and right.
5.17 CAPITAL GAINS TAX: The parties acknowledge that Section 1041
of the Internal Revenue Code of 1986, as Amended, applies to all property transferred
between the spouses, or former spouses, incident to a divorce, and, as a result thereof,
there is no taxable event based upon the transfer of property under this Agreement. The
parties further acknowledge that the basis for this property will be the basis set by the
Internal Revenue Code. This is so regardless of whether the basis of the property is less
than, equal to, or greater than its fair market value at the time of the transfer. The parties
further acknowledge that, upon the sale of any property set forth herein, the receiving
party shall be obligated to pay any and all taxes that may be due on the gain of that
property and agrees to provide the other party with any requested information necessary
to complete a tax return upon sale, including such information that may be necessary to
calculate the adjusted basis, assuming that said property has this information.
Page 13 of 16
5.18 INCOME TAX RETURNS: The parties represent that they have paid
all income taxes, Federal and State, on all joint returns heretofore filed by them and that
no interest or penalties are due and owing with respect thereto; that no tax deficiency
proceeding is pending or threatened thereto; and that no audit thereof is pending. If there
is a deficiency assessment in connection with any of the aforesaid returns (heretofore or
hereafter filed), the party who is notified of such deficiency shall notify the other
immediately in writing. The parties shall, however, be responsible for any amount
ultimately determined to be due in proportion to their incomes, including but not limited
to, all defense costs, together with interest and penalties.
5.19 RECONCILIATION: If the parties, after the effective date of this
Agreement, cohabit regularly, sporadically or temporarily, or if they reconcile, this
Agreement, nevertheless, shall continue in full force in effect until modified or
terminated by an agreement in writing to such effect signed and notarized by each of the
parties hereto. Neither party has represented to the other, prior to the execution of this
Agreement, that there is any prospect of reconciliation and no promises or inducements
have been offered by one party to the other in this regard.
5.20 FAILURE TO ABIDE BY TERMS OF THIS AGREEMENT: Should
either the Husband or Wife willfully fail to abide by the terms of this Agreement, the
defaulting party will indemnify the other for all reasonable expenses and costs including
attorney's fees incurred in successfully enforcing this Agreement. This provision is
intended to be enforced as a freely bargained for contractual agreement, and a counsel
fees claim for reimbursement pursuant to this provision is not intended to and shall not be
subject to the Court's discretion.
Page 14 of 16
5.21 EFFECTIVE DATE: This Agreement shall become effective upon the
date that the last party executes this Agreement. In the event any portion of this
Agreement expressly provides for a specific effective date, that portion of the Agreement
shall govern as to the effective date of this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on
the day and year first set forth above.
WITNESS S IE E. MORGAN
WITNESS
---j CHAD W. MORGAN
Page 15 of 16
STATE OF NEW JERSEY
COUNTY OF SALEM
SS.
I certify that on this, Q _ day of7g3 -,\ ?A 2007, Stephanie E. Morgan,
personally came before me and acknowledged under oath, to my satisfaction, that she is ' F ,•,,,,.•-
the person named in and who personally signed the attached document and that she g Q cn
W
si ned, sealed and delivered this document as her act and deed. Z40
g ?' .•L .
SUSAN H. SETTLE ,.
??OTARY PUBLIC OF NEW JERSEY
t?? A
,nnmission Expires 1142010
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
t_
I certify that on this day o 0 , 2007, Chad W. Morgan,
personally came before me and acknowledged under oath, to my satisfaction, that he is
the person named in and who personally signed the attached document and that he
signed, sealed and delivered this document as his act and deed.
NOTARIAL SEAL
MERLENE J. MARHEVKA, NOTARY PUBLIC
CARLISLE, CUMBERLAND COUNTY, PA
MY COMMISSION EXPIRES JUNE 8, 2010
Page 16 of 16
JR:jr
i- ;
' EXH1B1
Telephone Adult Probation. (717) 240-6255 FAX # Telephone DUI Programs (717) 240-62$t)
Casts/Fines (717) 240-6275 240-6480 Toll Free West Shore (717) 697-0371
Toll Free Shippensburg (717) 832=7286
? i
CHAD WILLIAM 'IN THE COURT OF COMMON PLEAS OF
MORGAN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : CIVIL ACTION - LAW
STEPHANIE ELAINE
MORGAN,
Defendant NO. 04-5981 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of April, 2006, upon consideration of Plaintiff's
complaint for custody with respect to the parties' child, Cameron William Morgan
(date of birth January 23, 2004), and following a hearing held on February 9,
2006, and April 13, 2006, it is ordered and directed as follows:
1. Legal custody of the child shall be shared by the parties.
2. Primary physical custody of the child shall be in
Defendant, the Mother.
3. Temporary or partial physical custody of the child shall
be in the Father, at the following times:
a. From September through May,
(1) On alternating weekends, from
Friday at 7:00 p.m. until Sunday at 7:00
p.m., provided, that on such a weekend
where the following Monday is a federal
holiday, the period of temporary or
partial physical custody shall extend
until Monday at 7:00 p.m.;
(2) On alternating Thanksgiving
weekends, from the Wednesday before
Thanksgiving at 7:00 p.m. until the
following Sunday at 7:00 p.m.;
(3) From Christmas Day at 4:00
p.m. until December 29 at 7:00 p.m.;
b. From June through August, for one week
out of every four weeks, from Sunday at 7:00
p.m. until Sunday at 7:00 p.m.;
EXHIBIT `.
t7r
1 S
4. Exchanges of custody shall take place at a point
equidistant between the parties' residences.
5. Nothing herein is intended to preclude the parties from
deviating from the custodial terms of this order by mutual
consent.
8. All prior custody orders in this case are vacated.
rylou Matas, Esq.
6 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
Paul H. Scull, Jr., Esq.
151 North Broadway
Pennsville, NJ 08070
Attorney for Defendant
!;? U X61 my hand
Pa.
JTI? •. / r
.........
n
BY THE COURT,
4
WILLIAM MORGAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 04-5981
Judge Oler
TEPHANIE ELAINE MORGAN, : Civil Action - Law
Defendant : In Custody
CERTIFICATE OF SERVICE
This is to certify that in this case, complete copies of all papers contained in the attached
nt have been served upon the following persons by the following means and on the dates
ame & Address Means of Service Date of Service
ul Scull, Esquire US mail, reqular delivery 4/17/07
1 North Broadway Via facsimile
nnsville, NJ 08070 }
Marylo , Esquire
Attorney 19
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Ited: Counsel for Plaintiff
SAIDIS,
FLOWER &
LINDSAY
&XMRNM-AT:?aw
26 West High Street
Carlisle, PA
Lou ca aav d+?y
CHAD WILLIAM MORGAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
STEPHANIE ELAINE MORGAN, : NO. 04-5981
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this day of ?q? c , 2007, upon consideration of the
attached Custody Conciliation report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County
Courthouse on the D-day of , 2007, at 1136 f -M.
At this hearing, the father shall be the moving party relative to his Petition for
Modification of the Custody Order and father shall proceed with the testimony
initially. Counsel for the parties shall file with the Court and opposing counsel
a Memorandum setting forth a history of custody in this case, the issues
currently before the Court relative to the father's Petition for Modification of
the Custody Order, a summary of each party's position on those issues, a list of
witnesses who will be called to testify at the hearing, and a summary of the
anticipated testimony of each witness. This Memorandum shall be filed at least
five (5) days prior to the mentioned hearing date.
2. Relative to mother's Petition for Transfer of Custody, legal counsel for the
parties shall work between themselves to agree upon stipulated facts which may
be submitted to the Court at the above hearing. In the event additional
testimony needs to be taken at the hearing relative to the Petition for transfer of
jurisdiction, the record will be supplemented with testimony at that hearing.
Upon conclusion of the above hearing, this Court will set a briefing schedule
relative to addressing the issue of transfer of jurisdiction on this case.
J1.`'?.0--CMIJ
Y
3. Pending further Order of this Court, this Court's prior Order of April 17, 2006,
shall remain in effect subject, however, to the father also being afforded
reasonable telephone contact with the minor child. The father's telephone
contact shall also be subject to the restrictions, if any, of the current Protection
from Abuse Order that is issued in New Jersey.
cc: Paul H. Scull, Jr., Esquire
Marylou Matas, Esquire
"5"o I ?6 7
BY THE COURT,
CHAD WILLIAM MORGAN,
Plaintiff,
v
STEPHANIE ELAINE MORGAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 04-5981
: IN CUSTODY
Prior Judge: The Honorable J. Wesley Oler, Jr.
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:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Cameron William Morgan, born January 23, 2004.
2. A Conciliation Conference was held on April 26, 2007, with the following
individuals in attendance:
The mother, Stephanie Elaine Morgan, with her counsel, Paul H. Scull, Jr., Esquire,
and the father, Chad William Morgan, with his counsel, Marylou Matas, Esquire.
The father filed a Petition to modify the existing Custody Order seeking additional
time during the school year and additional time during the summer. The mother
filed a Petition to transfer the jurisdiction of this case to New Jersey, suggesting that
the mother has been living in New Jersey for two and a half years with the minor
child and that New Jersey would be the better spot for jurisdiction of the case.
3. The Conciliator tried to work out at the Conciliation Conference to get the father
some expanded time. However, despite the fact that there was some movement, the
parties could not reach an agreement on that issue and a hearing is required on
father's Petition for additional time.
4. On the issue of transfer of jurisdiction to New Jersey, the parties may be able to
stipulate to most facts that would be relevant to that Motion and the parties are in
agreement to submit to the Court, in advance of the hearing, a summary of
stipulated facts that they can agree upon. Since a hearing needs to be scheduled
anyway with respect to the modification of the Custody Order, we can incorporate
into that hearing date the opportunity for any testimony that may be required on
the issue of transfer.
5. The Conciliator recommends an Order in the form as attached.
Date: April 27, 2007 -- //* ?,
H ert X. Gr , Esquire
Custody Con!: liator
CHAD W. MORGAN
Plaintiff
V.
STEPHANIE E. MORGAN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-5981
CIVIL ACTION - LAW
IN CUSTODY
STIPULATION AND AGREEMENT FOR CUSTODY
THIS STIPULATION AND AGREEMENT entered into the day and year
hereinafter set forth, by and between CHAD W. MORGAN (hereinafter referred to as
"Father") and STEPHANIE E. MORGAN (hereinafter referred to as "Mother").
WHEREAS, the parties are the natural parents of the one (1) child: Cameron
William Morgan (born 01/23/04);
WHEREAS, the parties live separate and apart, and wish to enter into a
comprehensive stipulation and agreement relative to physical and legal custody of their
child;
NOW THEREFORE, in consideration of the mutual covenants, promises and
agreements as herein set forth, the parties stipulate and agree as follows:
1. Mother and Father shall exercise shared legal custody of the child.
2. Mother shall exercise primary physical custody of the child.
3. Father shall exercise temporary or partial physical custody of the child at
the following times:
(a) From September through May:
On alternating weekends from Thursday between 8:00 a.m. and
9:00 a.m. until Sunday at 7:00 p.m., provided that on such a
weekend where the following Monday is a Federal Holiday, the
period of temporary or partial physical custody shall extend until
Monday at 7:00 p.m.
(b) From June through August:
(1) Four full week long periods, from Sunday at 5:00 p.m.
through the following at Sunday at 5:00 p.m. Beginning with the
first Sunday in June.
(2) During the three week periods between Father's full week
periods of custody with the child, Father shall exercise custody on
the second of the three in-between weekends, from Thursday
morning between 8:00 a.m. and 9:00 a.m. through Sunday at 7:00
p.m.
(c) Custody exchanges for Father's periods of custody shall
occur as follows: Father shall pick up the child from his daycare on
Thursday morning, to begin his periods of custody. The parties
shall exchange custody of the child in Lancaster, PA. on Sunday
evenings.
4. The parties shall share custody of holidays as follows:
(a) Halloween: From October 30 at 7:00 a.m. through November 1 at
7:00 p.m., Father shall exercise custody of the child on odd numbered
years and Mother shall exercise custody of the child on even numbered
years. Father shall pick up and drop off in New Jersey. In the event this
holiday falls on either party's weekend, then that party shall be entitled to
partial physical custody for the entire weekend.
(b) Thanksgiving: From the Wednesday before Thanksgiving Day at
7:00 p.m. to Friday after Thanksgiving Day at 7:00 p.m., Father shall
exercise custody of the child on even numbered years, and Mother shall
exercise custody of the child on odd numbered years.
(c) Christmas: Mother shall exercise custody from December 22 at
7:00 p.m. through December 26 at 4:00 p.m. Father shall exercise
custody on December 26 at 4:00 p.m. through December 30 at 4:00 p.m.
5. The parties shall keep each other advised in the event of serious illness or
medical emergency concerning the child and shall further take any necessary steps to
ensure that the health and well-being of the child is protected. During such illness or
medical emergency, both parties shall have the right to visit the child as often as he or
she desires consistent with the proper medical care of the child.
6. Neither parent shall do anything which may estrange the child from the
other party, injure the opinion of the child as to the other party, or which may hamper
the free and natural development of the child's love and affection for the other party.
7. The parties desire that this Stipulation and Agreement be made an Order
of Court of the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does, in fact,
have jurisdiction over the issue of custody of the parties' minor child solely for the
purpose of entering this Order. The parties acknowledge that Mother has filed a
Petition to Transfer Jurisdiction to the Superior Court, Chancery Division, Family Part, of
Gloucester County, New Jersey. The parties stipulate and hereby agree, and the Court
of Common Pleas of Cumberland County Pennsylvania hereby Orders by way of this
stipulation and by separate order that this custody action shall be transferred to the
Superior Court of New Jersey, Chancery division, Family Part, Gloucester County, New
Jersey. Both parties agree and stipulate that New Jersey shall be the home state of the
child for purposes of custody and support, for any and all future applications. Mother
shall register this Order in the Superior Court of New Jersey, Chancery Division, Family
Part, in the County of Gloucester. Father shall cooperate fully and execute any
documents or further orders necessary to effectuate the transfer of this matter to New
Jersey.
8. The parties stipulate that in making this Agreement, there has been no
fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the
other party.
9. The parties acknowledge that they have read and understand the
provisions of this Agreement. Each party acknowledges that the Agreement is fair and
equitable and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year hereinafter mentioned.
WITNESSETH:
D7
Chad W. Morgan
W17 /1-7
4SthanAie E. Morgan
I verify that the statements made in this Stipulation and Agreement are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. §4904, relating to unsworn falsifications to authorities.
d?
Chad W. Morgan
I verify that the statements made in this Stipulation and Agreement are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. §4904, relating to unsworn falsifications to authorities.
Ste anie E. Morgan
?.-?
C.-, _ .? -fl
1.-. ; ...{
?"_
S`?? ?"-i :?
_ ?y
---
.: C?"
J.."
?r? ; ?
I-D
AUG 2 2 2007
CHAD WILLIAM MORGAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. ; No. 04-5981
STEPHANIE ELAINE MORGAN, : Civil Action - Law
Defendant : In Custody
Judge Oler
ORDER
AND NOW, this I-s%?day of August, 2007, upon Stipulation of the parties,
and after consideration of the Stipulation of Facts filed by counsel, it is hereby
Ordered that this custody action is transferred to the Gloucester County Superior
Court Family Division, Gloucester County, New Jersey. The Prothonotary of
Cumberland County is directed to prepare and transfer a certified copy of the
docket entries and all filed documents to the Clerk of the Gloucester County
Superior Court Family Division, New Jersey. Defendant shall pay all costs
associated with the transfer of this action from Cumberland County,
Pennsylvania to Gloucester County, New Jersey.
By the Court,
Cc: 'Marylou Matas, Esquire
/ Attorney for the Plaintiff
?F'aul Scull, Esquire
Attorney for the Defendant
;? _
'??t_i ? t. I?.I
yy+y??}.r l ? _ ? ? ? -,, , ,