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Home My WebLink About06-3344NATHAN W. MORGAN, Plaintiff V. CHRISTI M. MORGAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01o -.33t/y l [c?iL?EJL : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlise, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MidPenn Legal Services, Inc. 213A North Front Street Harrisburg, PA 17101 1-800-932-0356 Lawyers Referral Services 100 South Street P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 NATHAN W. MORGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 04 - 33Yy CHRISTI M. MORGAN, : CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 3302 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Prothonotary, Cumberland County Courthouse, Carlisle, PA 17013. NATHAN W. MORGAN, Plaintiff V. CHRISTI M. MORGAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. e5L - 339y c-tu c??>?JL : CIVIL ACTION -LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(4 or 3301(d) OF THE DIVORCE CODE The Plaintiff is NATHAN W. MORGAN, who currently resides at 1004 Harriet Drive, Carlisle, Pennsylvania, 17013, Cumberland County since May 19, 2006. 2. Defendant is CHRISTI M. MORGAN, who currently resides at 44 Marilyn Drive, Carlisle, Pennsylvania, 17013, Cumberland County since 2004. 3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff avers that Defendant has also been a bonafide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. Plaintiff and Defendant were married on March 30, 2002, in Mechanicsburg, Pennsylvania, Cumberland County. 6. Plaintiff and Defendant have lived separate and apart since May 19, 2006. There has been no prior actions of divorce or annulment between the parties. The marriage is irretrievably broken. 9. Plaintiff avers that neither party is an active member of the United States Military or its allies. 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff waives that right. 11. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 12. Plaintiff avers the grounds for divorce: a. The marriage is irretrievably broken; b. The parties consent to the divorce; or in the alternative, c. The parties have lived separate and apart for a period of two (2) years. WHEREFORE, Plaintiff, Nathan W. Morgan, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. COUNT I - EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 above are incorporated herein by reference as though set forth in full. 14. During the marriage, Plaintiff and Defendant have acquired various items of marital property and debt, both real and personal, which are subject to equitable distribution under the Divorce Code. 15. Plaintiff and Defendant are attempting to reach an agreement as to equitable distribution. 16. In the event the parties are unable to reach an agreement, Plaintiff requests that the Court equitably divide all marital property and debt. WHEREFORE, Plaintiff, Nathan W. Morgan respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, and debt, acquired by the parties during the marriage. COUNT 11 - CUSTODY 17. Paragraphs 1 through 16 are incorporated herein by reference as though set forth in full. 18. Three (3) minor children were born of the Plaintiff and Defendant: Erilyn May Morgan, age three, born September 3, 2002; Carol Marie Morgan, age two, born December 25, 2003; and Brenna Virginia Morgan, age one, born May 18, 2005. 19. The children are presently in the physical custody of Defendant who resides at 44 Marilyn Drive, Carlisle, Pennsylvania, 17013, Cumberland County. 20. During the past five years, the children have resided with the following persons and at the following addresses: ADDRESSES 44 Marilyn Drive Carlisle, PA 17013 44 Marilyn Drive Carlisle, PA 17013 711 Hanover Manor Carlisle, PA 701 C Stanwick Circle Carlisel, PA PERSONS DATES Defendant 2004, until present Plaintiff & Defendant 2004, until 5/19/2006 Plaintiff & Defendant 2003 until 2004 Plaintiff & Defendant 2002 until 2003 The Mother of the children is Christi M. Morgan, currently residing at 44 Marilyn Drive, Carlisle, Pennsylvania, 17013, Cumberland County. She is married to Father, but separated. The Father of the children is Nathan Morgan, currently residing at 1004 Harriet Drive, Carlisle, Pennsylvania, 17013, Cumberland County. He is married to Mother, but separated and is seeking divorce. 21. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Jim Macneil Friend 22. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Erilyn May Morgan Daughter Carol Marie Morgan Daughter Brenna Virginia Morgan Daughter 22. Plaintiff/Fatther has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 23. Plaintiff/Father does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 24. The best interest and permanent welfare of the children will be served by granting the relief requested because the natural bond between the parents and children should be preserved. 25. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff, Nathan W. Morgan, respectfully requests this Honorable Court to grant him primary physical custody of the minor children with Defendant having periods of partial physical custody and grant the parties shared legal custody of the minor children. Respectfully submitted, 41? - X6 el ie . Erb Scar ngi & Scaringi, P.C. Supreme Court ID No. 84445 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 (717) 657-7770 ATTORNEY FOR PLAINTIFF VERIFICATION I, NATHAN W. MORGAN, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. &0 (i? //. Yom! 100/06 NATHAN W. MOR AN DATE W v c C Ka c ? C I ? (1 tiJ 7 ^ r, \ TI ? T N - r 5 NATHAN W. MORGAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3344 CIVIL ACTION LAW CHRISTI M. MORGAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 26, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, August 25, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Melissa P. Gree Es q. 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 ?pc 4tv ;V-7 ev-.P?vw 4(v C ;l-ll NATHAN W. MORGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3344 CHRISTI M. MORGAN, : CIVIL ACTION-LAW Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF THE ABOVE COURT: A Complaint under Section 3301(c) and 3301(d) of the Divorce Code and Verification was filed of record with the Cumberland County Prothonotary's Office on June 12, 2006 to No. 06- 3344. We kindly request that the attached Divorce Complaint be reinstated as service was not completed within the required thirty day period. Respectfully submitted, Dater 2006 C4 d-1,4- ;?ff .. le P: MMAW? MMilaff r Scar gi & Scaringi, P.C. Attorney ID #84445 2000 Linglestown Road, Suite 103 Harrisburg, Pennsylvania 17110 (717) 657-7770 NATHAN W. MORGAN, Plaintiff V. CHRISTI M. MORGAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 3302 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Prothonotary, Cumberland County Courthouse, Carlisle, PA 17013. 4 NATHAN W. MORGAN, Plaintiff V. CHRISTI M. MORGAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlise, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF N 0 PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OIL. -n ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIW AiNY`HF H THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF ? YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR N S , TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHiRE YOU CAN GET LEGAL HELP. r r MidPenn Legal Services, Inc. Lawyers Referral Services crD 213A North Front Street 100 South Street Harrisburg, PA 17101 P.O. Box 186 1-800-932-0356 Harrisburg, PA 17108 1-800-692-7375 NATHAN W. MORGAN, Plaintiff V. CHRISTI M. MORGAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION -LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff is NATHAN W. MORGAN, who currently resides at 1004 Harriet Drive, Carlisle, Pennsylvania, 17013, Cumberland County since May 19, 2006. 2. Defendant is CHRISTI M. MORGAN, who currently resides at 44 Marilyn Drive, Carlisle, Pennsylvania, 17013, Cumberland County since 2004. 3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff avers that Defendant has also been a bonafide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. Plaintiff and Defendant were married on March 30, 2002, in Mechanicsburg, Pennsylvania, Cumberland County. 6. Plaintiff and Defendant have lived separate and apart since May 19, 2006. 7. There has been no prior actions of divorce or annulment between the parties. The marriage is irretrievably broken. 9. Plaintiff avers that neither party is an active member of the United States Military or its allies. 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff waives that right. 11. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 12. Plaintiff avers the grounds for divorce: a. The marriage is irretrievably broken; b. The parties consent to the divorce; or in the alternative, c. The parties have lived separate and apart for a period of two (2) years. WHEREFORE, Plaintiff, Nathan W. Morgan, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. COUNT I - EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 above are incorporated herein by reference as though set forth in full. 14. During the marriage, Plaintiff and Defendant have acquired various items of marital property and debt, both real and personal, which are subject to equitable distribution under the Divorce Code. 15. Plaintiff and Defendant are attempting to reach an agreement as to equitable distribution. 16. In the event the parties are unable to reach an agreement, Plaintiff requests that the Court equitably divide all marital property and debt. WHEREFORE, Plaintiff, Nathan W. Morgan respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, and debt, acquired by the parties during the marriage. COUNT H - CUSTODY 17. Paragraphs 1 through 16 are incorporated herein by reference as though set forth in full. 18. Three (3) minor children were born of the Plaintiff and Defendant: Erilyn May Morgan, age three, born September 3, 2002; Carol Marie Morgan, age two, born December 25, 2003; and Brenna Virginia Morgan, age one, born May 18, 2005. 19. The children are presently in the physical custody of Defendant who resides at 44 Marilyn Drive, Carlisle, Pennsylvania, 17013, Cumberland County. 20. During the past five years, the children have resided with the following persons and at the following addresses: ADDRESSES 44 Marilyn Drive Carlisle, PA 17013 44 Marilyn Drive Carlisle, PA 17013 711 Hanover Manor Carlisle, PA 701 C Stanwick Circle Carlisel, PA PERSONS DATES Defendant 2004, until present Plaintiff & Defendant 2004, until 5/19/2006 Plaintiff & Defendant 2003 until 2004 Plaintiff & Defendant 2002 until 2003 The Mother of the children is Christi M. Morgan, currently residing at 44 Marilyn Drive, Carlisle, Pennsylvania, 17013, Cumberland County. She is married to Father, but separated. The Father of the children is Nathan Morgan, currently residing at 1004 Harriet Drive, Carlisle, Pennsylvania, 17013, Cumberland County. He is married to Mother, but separated and is seeking divorce. 21. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Jim Macneil Friend 22. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: NAME Erilyn May Morgan Carol Marie Morgan Brenna Virginia Morgan RELATIONSHIP Daughter Daughter Daughter 22. Plaintiff/Fatther has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 23. Plaintiff/Father does not know of a person not a parry to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 24. The best interest and permanent welfare of the children will be served by granting the relief requested because the natural bond between the parents and children should be preserved. 25. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff, Nathan W. Morgan, respectfully requests this Honorable Court to grant him primary physical custody of the minor children with Defendant having periods of partial physical custody and grant the parties shared legal custody of the minor children. Respectfully submitted, el re . Erb-" Sc ngi & Scaringi, P.C. Supreme Court ID No. 84445 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 (717) 657-7770 ATTORNEY FOR PLAINTIFF VERIFICATION I, NATHAN W. MORGAN, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. G/. 51986 NATHAN W. MOR AN DATE ft f NATHAN W. MORGAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-3344 CIVIL TERM V. CHRISTI M. MORGAN, Defendant Ebert, J. - - CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this 111% day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Christi Michelle Morgan and Nathan William Morgan, shall have shared legal custody of the minor children, Erilyn May Morgan born September 3, 2002; Carol Marie Morgan born December 25, 2003; and Brenna Virginia Morgan born May 18, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have temporary primary physical custody subject to Father's rights of partial custody, which shall be arranged as follows: A. Commencing August 25, 2006, on alternating weekends from Friday at 5:00 to 5:30 p.m. until Sunday at 6:00 p.m. B. Each Wednesday from 5:30 p.m. to 7:30 p.m. C. On Sunday of Mother's custodial weekend from 11:30 a.m. until 5:00 p.m. so long as Mother does not have her own transportation. NO. 06-3344 CIVIL TERM 3. Holidays. A. Father will have custody from 8:30 a.m. until 7:00 p.m. for Erilyn's birthday. B. Mother will have custody for Halloween night in York each year. C. Father will have custody for Independence Day and July 5t each year, (Father's birthday) D. Mother will have custody for her birthday from 9:00 a.m. until 7:00 p.m. each year (April 24th). E. See the attached holiday schedule, which shall also supercede the regular schedule. 4. Transportation. So long as Mother is without a vehicle, Father will provide transportation incident to custodial exchanges, and will be responsible for transporting the children to day care. 5. The parties shall be permitted to have civilized, respectful communication pursuant to the health and well-being of the children for unanticipated changes to the schedule of custody. 6. A hearing 'scheduled in Courtroom Number 5 of the Cumberland County Courthouse, on the day of `nok-e-e- , 2006, at 10 t D o'clock jnr _.M., at which time testimony will be taken. For the purposes of the hearing, the Father, Nathan W. Morgan, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 7. The Court appoints the Children's Advocacy Clinic of the Pennsylvania State University Dickinson School of Law as Guardian Ad Litem for the minor children: Erilyn May Morgan, Carol Marie Morgan and Brenna Virginia Morgan. BY THE COURT: '0 M. L. Ebert, Jr., J. Dist: risti M. Morgan, 20 E. Pomfret Street, Carlisle, PA 17013 ,12than W. Morgan, 172 Wolfs Bridge Road, Carlisle, PA 17013 6cy Johnston Walsh, Esquire, Children's Advocacy Clinic, 45 N. Pitt Street, Carlisle, PA 17013 , tVlelanie L. Erb, 2000 Linglestown Road, Suite 103, Harrisburg, PA 1711,0a? y .o [ ? pp- V - q.? "? . O } r ?,i?? i b ?)-' ? ,? J,y - ,; -,,t? u' ?;`. Docket No. 06-3344 HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1St Half From 6pm the evening before Father Father Thanksgiving Day to 2:30pm on Thanksgiving Day Thanksgiving 2"d Half From 2:30pm on Thanksgiving Day to Mother Mother 6pm the day after Thanksgiving Day Christmas 1st Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :282554 -, NATHAN W. MORGAN, Plaintiff NO. 06-3344 CIVIL TERM V. CHRISTI M. MORGAN, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: BY . Rte. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Erilyn May Morgan Carol Marie Morgan Brenna Virginia Morgan September 3, 2002 December 25, 2003 May 18, 2005 Mother Mother Mother 2. Father filed a Divorce Complaint on June 12, 2006. A Custody Conciliation Conference was held on August 25, 2006. Present for the conference were: the Mother, Christi M. Morgan, and the Father, Nathan W. Morgan. Both parties participated pro se. Father has apparently elected to end his relationship with counsel who previously represented him in this matter. 3. The parties were not able to reach an agreement with regard to Father's request for primary physical custody of the children. However, they agreed to some terms of an Interim Order. 4. Father's position on custody is as follows. Father seeks primary physical custody and shared legal custody of the children. The parties were married in March of 2002. He is employed at the War College from 8:00 a.m. until 4:30 p.m. He rents a room in a three-bedroom home with two other men. Because Mother is without transportation, he provides all of the transportation for the children to the daycare at the Carlisle Barracks. The present custodial schedule is provided is a PFA docketed to 06-2874. This Order of July 6, 2006, provides for Father to have partial custody on alternating weekends and each Wednesday evening. When asked the reason for seeking primary custody, Father reported that Mother has been verbally and physically abusive, neglects the children and "is a horrible mother." He claims that the oldest child tells him that Mother beats her and complains that Mother spends too much time on the computer, which results in her ignoring NO. 06-3344 CIVIL TERM the needs of the children. He also believes that she is unable to maintain a livable environment for the children, which was a concern that he had during the time that the parties were courting. Father alleges that Mother has lost custody of her oldest child as a result of her inability to maintain an appropriate living environment. During the children's lifetime, Father has historically worked a full time job and had part-time employment in the evenings, and at times on weekends. In addition, he began night school on Tuesday and Thursday evenings in October of 2004. Father reports that Mother has contacted him at work when she is having difficulty with the children, and on two occasions she contacted him after having slapped the three year old. There had apparently been no Children and Youth involvement with these children prior to the time of separation. However, since then, there have apparently been multiple reports to Children and Youth regarding the minor children. Father acknowledges that he made a report around the time of the separation, but that it was determined to be unfounded. Father indicates that his desire is that the children be well cared for. 5. Mother's position on custody is as follows. Mother resides in the Salvation Army Shelter, where she and the children share a room with four twin-size bunk beds. She is employed Monday through Friday from 8:00 a.m. until 4:00 p.m. at McDonald's in a position that she has held for approximately six weeks prior to the time of the Conference. Up to that point she had not worked outside the home since the three year old was about six months old. Mother reports that the program in the shelter in which she resides is designed to last up to two years. Mother has no car and therefore no ability to transport the children. Mother's oldest child is seven. Her name is Justice. She resides with the maternal grandmother. Justice's father does not participate in her life. Her parents have had custody of this child since August of 2002. The maternal grandmother is now getting a divorce but for reasons of stability for Justice, Mother does not want to change the custodial arrangement and will allow the child to continue to reside with her mother. Mother, too, acknowledges that Children and Youth has been involved with the family since the separation. She reports their initial contact came after Father reported that he could not care for the children and thought that she couldn't either. An additional report was made on August 24, 2006, when Mother reported a bruise to the middle child, which she found when she was changing her diaper after work. Mother reports that she spoke with Shelly at Children and Youth, who told her if the agency continued to receive calls and concerns about the children that the children would end up being placed in foster care. She also reports that it had been suggested that she enroll the oldest child in play therapy, but it does not appear that a referral was made. Mother denies Father's allegations regarding the hitting and punching of the children. She further denies demeaning the children or calling them names, although she acknowledges that both she and Father get loud with the children. Mother likes the current custodial arrangement. She acknowledges that Erilyn would like to see Father every weekend but Mother does not want to make that change because weekends are her only downtime with Erilyn outside of her work schedule. Mother alleges that Father has been physically abusive to her by shoving her to the ground, grabbing her hair and slamming her NO. 06-3344 CIVIL TERM head against the floor. In addition, her PFA petition alleges that he posted nude pictures of her on the Internet without her permission. 6. Because the parties do not have an agreement, it seems that a Hearing is necessary. In light of the cross-allegations of abuse and the involvement of Children and Youth, the Conciliator recommends the appointment of a Guardian Ad Litem. It appears that these parents are overwhelmed with responsibility of three children under the age of four, and would benefit from ParentWorks Services, as well. The parties were able to agree to some additional time with Father on Sundays so that the children can attend church with Father, and to some arrangements for Labor Day, Halloween and Mother's birthday. The parents were receptive to the notion of working with ParentWorks although Mother has concerns about how she would be able to do that in the absence of transportation and considering her present work schedule. The Conciliator agreed to forward copies of the itate an opportunity for the ParentWorks brochures to the pro se parties in or"I parents to contact ParentWorks directly. bale Melissa Peel Greevy, Esquire Custody Conciliator J :282538 NATHAN W. MORGAN, Plaintiff V. CHRISTI M. MORGAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3344 CIVIL ACTION -LAW IN DIVORCE PETITION FOR RULE TO SHOW CAUSE AND NOW, comes the Petitioner, Melanie L. Erb, Esquire, who respectfully moves the Court as follows: 1. Petitioner requests permission to withdraw as counsel in the above-captioned action. 2. Plaintiff, Nathan Morgan, has consented to Melanie Erb withdrawing as counsel. (See attached Exhibit "A.") 3. On or about August 9, 2006, Petitioner sent a letter to Plaintiff requesting payment of his outstanding balance of $905.81. (See attached Exhibit "B.") 4. In that letter, Petitioner informed Plaintiff that he had to pay his outstanding balance by August 16, 2006 or she would withdraw from his case. 5. Included with that letter was a Praecipe for Leave to Withdraw, which Petitioner asked Plaintiff to sign if he no longer wished to retain her services. 6. Plaintiff did not pay his outstanding balance, and on or about August 15, 2006, Plaintiff signed the Praecipe for Leave to Withdraw, authorizing Petitioner's withdrawal in the matter. 7. On or about August 21, 2006, Petitioner signed the Praecipe to Withdraw Appearance. 8. Petitioner requests Plaintiff show cause as to why she should not be permitted to withdraw as Plaintiff's counsel in the above-captioned matter because Plaintiff fails or refuses to pay the outstanding balance requested and Plaintiff has signed the Praecipe for Leave to Withdraw authorizing Petitioner's withdrawal. WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court require the Plaintiff, Nathan Morgan, show cause as to why Petitioner should not be permitted to withdraw as Plaintiff's counsel in the above-captioned action. Respectfully_submitted Me a L. Elf ? Att rney for the Plaintiff Supreme Court ID NO. 84445 Scaringi & Scaringi, PC 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 717-657-7770 r P_? _. , t -` ' ? y -`i'1 r ..-; _ T fJ? ? -rt _ . . .j ? ,. ?, - ,,, . . NATHAN W. MORGAN, Plaintiff V. CHRISTI M. MORGAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3344 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Valerie J Jackson, Law Clerk for Scaringi & Scaringi, P.C., do hereby certify that copy of the Petition for Rule to Show Cause and Proposed Order in the above-captioned action has been duly served upon the Plaintiff, Nathan W. Morgan on September 14, 2006, by depositing same in the United States Mail, First Class, Postage Prepaid and addressed as follows: Nathan W. Morgan 1004 Harriet Drive Carlisle PA 17013 Date: September 14, 2006-r?cc? ??--? Valerie J. Ja6ksq(n .,_ .._ y s t.. ? ?' Sep. 21. 2006 2.25PM SCARINGI & SCARINGI P, C. No. 4954 P. 2- NATHAN W. MORGAN, : IN THE. COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3344 CHRISTI M. MORGAN, : CIVIL ACTION- LAW Defendant IN DIVORCE, PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney in the above-captioned action for the Plaintiff, NATHAN W. MORGAN, per his request. Respectfully submitted, Date: ' l?o?-J t. , 2006 Mel c L. Erb Scaringi & Scfaringi, P.C. Attorney TD #84445 2000 Linglestown Road, Suite 103 Harrisburg, Pennsylvania 17110 (717) 657-7770 On this, the day of 41 ' 2006, I, Nathan W. Morgan, Plaintiff in the above - captioned matter, consent to the withdr, oi` counsel on my behalf. Nathan W. Morgan Cl Ex 16b '?v Sep, 21. 2006 2:26PM Marc A.- Scaringi Melanie Walz Scaring Melanie L. Erb SCARINGI & SCARINGI P, C, caringi ,Attorneys and Counselors at I.- A Profoseionitl Corporation August 9, 2006 Nathan W. Morgan . 172 Wolfs Bridge Road Carlisle PA 17013 Re: . Morgan v. Morgan Child Custody, Dear Nathan: No. 4954 '- . 3 Debra L. Logan Paralegal After reviewing your account with our office, it appears that you currently owe a balance of $905.81. It is my understanding that you were advised that your last payment of $200.00 did not clear due to insufficient funds and.our office was subsequently charged $8:00 for that occurrence. As you know,. a custody conference is currently scheduled in your case for August 25, 2006 at 8:30 A.m. The attorneys fees associated with this conference is likely to be several hundred dollars. If a custody agreement is not reached at that conference, your case will be scheduled for a full hearing before a Judge. Before I am able to represent you at the conference on August 25th, you will need to pay your balance in full with our office and pay a subsequent retainer of $750.00. If the subsequent retainer is not used in its entirety at the conclusion of the. conference and an agreement is reached; you would be entitled to a refund if there is no further legal work which you wish for me to provide. I am asking that. you pay these monies within f ve days of receipt of this letter or no later than August 16, 2006. If you arc unable to pay this amount, I would ask that you sign the enclosed Praecipe to Withdraw Appearance and return it to my office in the enclosed self- addressed stamped envelope so that I may file it with the Court prior to the custody conference. If you are unable to pay this amount and are unwilling to sign the enclosed Praecipe, I will file a Petition to request the Court's permission to withdraw from your case, thereby causing you to incur additional attorney's fees. 2000 Linglescown Road, Suite 103 • Harrisburg, PA 17110 Phone (717) 657-7770 • Pax (717) 657-7797 www.scaringilaw.com Sep, 21, 2006 2:26PM SCARINGI & SCARINGI P. C, No. 4954 P. 4 If you have any questions regarding this letter, please do not hesitate to contact my office. Thank you for your attention in this matter. Sincerely Me 'e L. Erb Enclosures: I. Statement of Account 2. Yraecipe to Withdraw Appearance 3. SASE NATHAN W. MORGAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3344 CIVIL V. CIVIL ACTION - LAW CHRISTI M. MORGAN, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 21" day of September, 2006, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Plaintiff will file an answer on or before October 11, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. 4. Notice of entry of this order shall be provided to all parties by the Petitioner. By the Court, Melanie L. Erb, Esquire `I Petitioner than W. Morgan, Plaintiff ,,Ohristi M. Morgan, Defendant bas J M. L. Ebert, Jr., J. O(VIP,? VINVAInNN3d 6 ? :6 A ZZ d3s 9001 M'dIONO!"dob'd :"Hi ?O 90HUC-03-11A NATHAN W. MORGAN, Plaintiff V. CHRISTI M. MORGAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3344 : CIVIL ACTION -LAW : IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Melanie L. Erb, Esquire, of Scaringi & Scaringi, P.C., who petitions the Court as follows: 1. On or about September 15, 2006, the enclosed Petition for Rule to Show Cause was filed with the Cumberland Court. (A true and correct copy of said Petition is attached, incorporated herein by reference, made a part hereto and marked as Exhibit A). 2. On or about September 21, 2006, this Court issued a Rule upon the Plaintiff, Nathan W. Morgan, ordering the Plaintiff to file an Answer to said Petition by October 11, 2006. (A true and correct copy of said Order is included in Exhibit A). 3. On or about September 27, 2006, Petitioner sent Plaintiff a copy of the Order via Certified Mail as evidenced by the Certified Mail Receipt (A true and correct copy of the Certified Mail Receipt is attached as Exhibit B). 4. On or about September 27, 2006, Petitioner sent Plaintiff a copy of the Order via First Class Mail with Certificate of Mailing as evidence by the Certificate of Mailing Receipt (A true and correct copy of the Certificate of Mailing Receipt is attached as Exhibit Q. 5. On or about October 10, 2006, Plaintiff received a copy of the Order via Certified Mail as evidenced by the Domestic Return Receipt. (A true and correct copy of the Domestic Return Receipt is attached as Exhibit D). 2. As of Monday, October 16, 2006, Plaintiff has not filed an Answer to said Petition and Order. WHEREFORE, Petitioner, Melanie L. Erb, Esquire, requests the Rule be made absolute and an Order be entered allowing Petitioner to withdraw her representation of the Plaintiff, Nathan W. Morgan, in the above-captioned action Cumberland County, Pennsylvania. .m 1Pe_:1;06 D e Respectfull submitte el ie L. rb Attorney for Plaintiff Supreme Court ID No. 84445 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 717-657-7770 VERIFICATION I verify the statements made in this Petition are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Mel ie . Erb, Esquire Attorney for Nathan Morgan NATHAN W. MORGAN, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3344 CIVIL V. CIVIL ACTION -LAW CHRISTI M. MORGAN, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 21St day of September, 2006, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that 1. A Rule is issued upon the Plaintiff to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Plaintiff will file an answer on or before October 11, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. 4. Notice of entry of this order shall be provided to all parties by the Petitioner. By the Court, Melanie L. Erb, Esquire Petitioner Nathan W. Morgan, Plaintiff Christi M. Morgan, Defendant bas I* __t U..XA M. L. Ebert, Jr., J. EXHIBIT A SEP 1 8 2D NATHAN W. MORGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3344 CHRISTI M. MORGAN, CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER AND NOW, this day of , 2006, upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; and (4) notice of entry of this order shall be provided to all parties by the petitioner. BY THE COURT: J. NATHAN W. MORGAN, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3344 CHRISTI M. MORGAN, : CIVIL ACTION -LAW Defendant : IN DIVORCE -' c? PETITION FOR RULE TO SHOW CAUSE - AND NOW, comes the Petitioner, Melanie L. Erb, Esquire, who respectfully moves the Court as follows: 1. Petitioner requests permission to withdraw as counsel in the above-captioned action. 2. Plaintiff, Nathan Morgan, has consented to Melanie Erb withdrawing as counsel. (See attached Exhibit "A.") 3. On or about August 9, 2006, Petitioner sent a letter to Plaintiff requesting payment of his outstanding balance of $905.81. (See attached Exhibit `B.") 4. In that letter, Petitioner informed Plaintiff that he had to pay his outstanding balance by August 16, 2006 or she would withdraw from his case. 5. Included with that letter was a Praecipe for Leave to Withdraw, which Petitioner asked Plaintiff to sign if he no longer wished to retain her services. 6. Plaintiff did not pay his outstanding balance, and on or about August 15, 2006, Plaintiff signed the Praecipe for Leave to Withdraw, authorizing Petitioner's withdrawal in the matter. 7. On or about August 21, 2006, Petitioner signed the Praecipe to Withdraw Appearance. 8. Petitioner requests Plaintiff show cause as to why she should not be permitted to withdraw as Plaintiff's counsel in the above-captioned matter because Plaintiff fails or refuses to pay the outstanding balance requested and Plaintiff has signed the Praecipe for Leave to Withdraw authorizing Petitioner's withdrawal. WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court require the Plaintiff, Nathan Morgan, show cause as to why Petitioner should not be permitted to withdraw as Plaintiff's counsel in the above-captioned action. Respectfully submitted the Plaintiff *AAttmmeey or Supreme Court ID NO. 84445 Scaringi & Scaringi, PC 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 717-657-7770 Sep. 2'. 2006 2:25PM SCARINGI & SCARINGI P. C. No, 4954 P. 2, NATHAN W. MORGAN, plaintiff V. CHnSTI M. MORGAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06.3344 CIVIL Af? nON- LAW IN DIVORCE PRAFC__I A TO ,'VV1THDRAW PFARANCD+ TO T M PROTHONOTARY; Pie= wabdmw my appearance as ariomcy in the above• captioned action for the Plainti f NATHAN W. MORGAN, per his request. LIaN/a 456;??tc-v =.2V V V Respectfully submittd, 4 i Me c L. Erb -%Cwingi & SCmingi, p.C. Adomcy ID #84445 2000114cstowa Road, Suite 103 Hanisbw& Pennsylvania 17110 (717) 657-7770 On this, the f_ day of 2006,1, Nathan Morgan, Plaintiff in the above- capdonW matter, consent to the ' a[ of counsel on my behalf. Nathan W. Morgan Ex h1W ?4#1 Sep.21. 2006 2:26PM Marc A.' Sc ari4 Melanie Walt Scar* Melanie L. Erb SCARINGI & SCARINGI P. C. a- No. 4954 P. 3 earingi. ,Aftornep anJ Comwelon at Law Debra L. Logan A A4crAonul Corporation P=kgd August 9, 2006 Nathan W. Morgan 172 Waifs Bridge Road Carlisle PA 17013 Re: Morgan v. Morgan. Child Custody. Dear Nathan: After reviewing your account with our office, it appears that you cut?matlp owe a balance of $905.$1. 'It is my understanding that you wee advised that your last payment of $2()0.00 did not clear due to insufficient fluids and our office was subsequently charged $8:00 for that • occurrence. As you lmow, a custody conference is currently scheduled in your case for August 25, 2006 at 8:30 a.m. I be attorneys fees associated with Us conference is Rely to be several hundred dollars. If a custody agreement is not reached at that coderence,•your case will be scheduled for a full hearing before a Judge. Before I am able to represent you at the conference on August 256, you will need to pay your balance in M with our office and pay a subsequent retainer of $750.00. If the subsequent retainer is not used in its entirc#1? at the conclusion of the. conference. and an agreement is reached, you would be entitled to a refund if theie is no further legal work which you wish for me to provide. ' I am asking that you pay these monies within five days of receipt of this letter or no later than August 16, 2006. If you arc unable to pay this amount, I would ask that you sign the enclosed Piaecipe to Withdraw Appearance and return it to my office in the enclosed self- addressed stamped envelope so that I may file it with the Court prior to the custody conference. If you are unable to pay this amount and axe unwi"iling to sign the enclosed Praecipe, I will file a Petition to request the Court's permission to withdraw from your case, thereby causing you to incur additional attorney's fees. 2000 Linglawwn Road, Suite 103 • Harrisburg, PA 17110 Ph= (717) 657-7770 • Paz (717) 657-7797 www_?ariagw core SCARINCI R.C. ;?6FM SCARINGI ? Sep 11' ?'??° ? INV. -is. • to ?aatact gay office this 10" ? 11?C$?o? re? you have any m , k ou foc you=ngon ? ?iucetelg Than . ,??,ce Vocl?os at+? AccOui?t A •. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ?\SgU , C' pq Received From: Scarin i & Scarin , c 2000 Linglestown d Suite 103 'A -11-7 -1 -1 A Q CR !2 !7 2fiQ One piece of ordinary mail addressed to: Nathan W. Morgan 172 Wolfs Bridge d Carlisle --TW-T7013 Nz- PS , Sp Form 3817, January 2001 Ce o -a # W of vl unNC1 QUM?Z0 ? O T, r C ? r, X ; a ' D C!f '0 m o0 -V 0'? -?Nrl -?-.Iro ?ov+ Q 0% 01EXHIBIT B Marc A. Scaringi Melanie Walz Scaringi Melanie L. Erb Garin i Garin i 1 Attorneys and Counselors at Law A Professional Corporation September 26, 2006 FIRST CLASS MAIL WITH CERTIFICATE OF MAILING Nathan W. Morgan 172 Wolfs Bridge Road Carlisle, PA 17013 , RE:' MORGAN V. MORGAN .CIVIL ACTION NO. 06-3344, IN DIVORCE Debra L. Logan Paralegal Dear Nathan: Constituting service upon you; enclosed please find an Order of Court dated September. 21, 2006, with regard to the above-captionedmatter. Thank you. Sincerely, Debra Logan dl Enclosure: Order of Court. EXHIBIT B1 2000 Linglestown Road, Suite 103 • Harrisburg, PA 17110 Phone (717) 657-7770 • Fax (717) 657-7797 www sca.ringi aw com P- M ICJ I • I • i i r • • z com it t , - s b m t our s For delivery information v loorua4 o ? l a .: n iv &? .u p we s . W7- , a M Postage $ C3 O Certified Fee 7 P ` O Return Receipt Fee (Endorsement Required) C3 _p Restricted Delivery Fee (Endorsement Required) rq rq Total Postage & Fees SPS C3 Sent To C3 Nathan W. Morgan -------------------------------------- ----------------------------------------------- r- Street,APINO.; 172 Wolfs Bridge Road or PO Box No. ---------------- --------- -- ------------------------ ------ -°- - -- Crty State, ZIP+4 r, EXHIBIT C Marc A. Scaringi Melanie Walz Scaringi Melanie L. Erb Caringi ;?' Caringi Attorneys and. Counselors at Law A Professional Corporation September 26, 2006 CERTIFIED MAIL Nathan W. Morgan 1004 Harriet Drive Carlisle, PA 17013 RE: MORGAN V. MORGAN CIVIL ACTION NO. 06-3344, IN DIVORCE Debra L. Logan Paralegal Dear Nathan: Constituting service upon you, enclosed please find an Order of Court dated September 21, 2006, with regard to the above-captioned matter. Thank you. Sincerely, Debra Logan dl Enclosure: Order of Court EXHIBIT -C1 2000 Linglestown Road, Suite 103 • Harrisburg, PA 17110 Phone (717) 657-7770 • Fax (717) 657-7797 www.scaringilaw.com ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name+and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Nathan W. Morgan 172 Wolfs Bridge Road Carlisle, PA 17013 2. Article Number (Transfer from service label) A. Signature x /' ? Agent B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Rem 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type N Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (6ctra Fee) ? Yes 7005 1160 0002 3036 2376 T PS Form 3811, February 2004 Domeeft Return Receipt 102595-02-M-1540 EXHIBIT D {~3 .rt .?- - ?-; ----i ?.- "Y"S "'?¢' ,.y ? t ? G, ?.. _ ?k f_,., t > ? '; - ,> _ _ t ? w ra: ? ?',? ., ;?.? ' NATHAN W. MORGAN, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, : PENNSYLVANIA V. : NO.06-3344 CIVIL TERM CHRISTI M. MORGAN, : CIVIL ACTION - LAW DEFENDANT. : IN CUSTODY MOTION FOR CONTINUANCE AND REQUEST FOR CUSTODY EVALUATION The Children's Advocacy Clinic (CAC), as Guardian Ad Litem (GAL) for Erilyn May Morgan, Carol Marie Morgan, and Brenna Virginia Morgan (the Children), represents the following: 1. The CAC was appointed as GAL by Order of Court on September 11, 2006 by the Honorable Merle L. Ebert. 2. A Custody Hearing is scheduled before this Court on November 9, 2006 at 10:00 a.m. 3. The Plaintiff, Nathan W. Morgan (Father), and Defendant, Christi M. Morgan (Mother), are proceeding pro se. 4. The Father and Mother are currently separated and Father filed a divorce complaint on June 12, 2006. 5. Each party is seeking primary physical custody of the children. 6. The Children are the following ages: Erilyn May Morgan age four, born September 3, 2002, Carol Marie Morgan, age two, born December 25, 2003, and Brenna Virginia Morgan, age one, born May 18, 2005. 7. Primary custody of the children was awarded to Mother as a result of a Protection From Abuse Order dated July 6, 2006. The current custody order dated September 11, 2006 resulted from a custody conciliation where the parties did not reach an agreement. Mother has primary custody pending the hearing. 8. The GAL has done the following in order to develop a recommendation regarding the best interests of the children: a. Met with the children, both at the children's day care center, and at Mother's residence; b. Interviewed Mother and Father individually on multiple occasions; c. Interviewed the resident assistant at the Salvation Army shelter where mother currently resides with the children; d. Interviewed each of the children's teachers, including the director of the day care center; e. Met with one of Father's two housemates, interviewed a mutual friend of the parties, and spoke with a prospective roommate of Father's, and; f. Reviewed court documents and orders. 9. After conducting the above investigation, it is the GAL's conclusion that additional professional evaluation is necessary. The GAL has based this recommendation on the following: a. Mother reports that she has suffered verbal and physical abuse both as a child and by her husband. Mother also reports that she has been experiencing a prolonged period of depression but has not sought any psychological assistance; b. Father admits to physically abusing Mother. Father admits he is in therapy for anxiety and depression. Father currently lives with two roommates. Father has indicated that the roommates would not allow him to remain in the house if he obtained primary custody. Father's does not currently have a feasible alternate plan for housing. c. Both parents described the marital home from which they were evicted due to damage as extremely unsanitary. Additionally, both parents describe a substantial lack of supervision and attention devoted to the children in the martial home setting. 10. Due to the aforementioned concerns, parents' instability, and parents' admitted mental health concerns, the GAL believes a custody evaluation is necessary to be able to reach a determination regarding the children's best interests. 11. Both parties have agreed to a custody evaluation. 12. Pursuant to C.C.R.P. 208.2(d), GAL did not seek concurrence from the attorney of record for Nathan Morgan as the attorney has filed a Praecipe to Withdraw Appearance and a Petition to Make Rule Absolute. 13. After hearing a brief description of the background of the case, Dr. Kasey Shienvold has agreed to complete a custody evaluation in this case at a reduced rate of $2,500. He estimates that the evaluation will take approximately three months. 14. Based on the income and expenses of each of the parties, the GAL believes that neither party can afford to pay even the reduced cost of the custody evaluator. 15. Accordingly, the GAL respectfully requests this Court to pay the reduced rate of the custody evaluator, as offered by Dr. Kasey Shienvold. 16. In order to complete a custody evaluation, a continuance will be needed as the custody hearing is scheduled for November 9, 2006. 17. Given the structured environment of the shelter where the children reside and the quality of their day care program, the GAL believes that a delay of the court's determination of custody will not harm the children. WHEREFORE, the GAL respectfully requests that this Court enter an order continuing the hearing until February, that Cumberland County will make payment of $2,500 to Dr. Kasey Shienvold for the custody evaluation, and that this motion and attached order are entered under seal. Dated: October 26, 2006 J A. Rodriguez ertified Legal Intern Lucy Anston-Walsh Kate Cramer Lawrence Supervising Attorneys Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 G ?-? ? ? _ . c?` . _ ?. = ?" ?^ % ) ?? '? {_.. '"T' 3 ..? ' i '? a? ' t`: ,..9 .? ,, Cy Nathan W. Morgan, Plaintiff V. Christi M. Morgan, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 06-3344 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Erilyn, Carol and Brenna Morgan, minor children, to proceed in forma pauperis. The Children's Advocacy Clinic, Guardian Ad Litem for the parties proceeding in forma pauperis, certifies that the parties are unable to pay the costs and that we are providing free legal service to the children. Date 0/-? e Zd Respectfully submitted, Jesse RodriCertified Legal Intern 7 i ;f R LAWRENCE LUCY JOHNSTON-WALSH Supervising Attorneys CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 S? =rte 5s l ? - l nl, ?-y NATHAN W. MORGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3344 CHRISTI M. MORGAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Debra L. Logan, Paralegal for Scaringi & Scaringi, P.C., do hereby certify that a copy of the Petition to Make Rule Absolute and Proposed Order in the above-captioned action has been duly served upon the Plaintiff, Nathan W. Morgan, upon the Defendant, Christi M. Morgan, and on the Jesse Rodriguez at the Children's Advocacy Clinic on October 25, 2006, by depositing same in the United States Mail, First Class, Postage Prepaid and addressed as follows: Nathan W. Morgan 1004 Harriet Drive Carlisle, PA 17013 Christi M. Morgan 20 East Pomfret Street Carlisle, PA 17013 Jesse Rodriguez Certified Legal Intern Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 Date: October 25, 2006 Debra L. Logan t ? ' 1 y ?y Nathan W. Morgan, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN CUSTODY Christi M. Morgan, Defendant No. 06-3344 CIVIL TERM ORDER OF COURT AND NOW, thisU day of Q c?• , 2006, upon consideration of the attached Motion for Continance and Request for Custody Evaluation, the motion is granted. a?E- 1' 3 ? Q ?? The hearing is continued until this day oft , 2467. Cumbe,rland County shall forward the payment of $2,500 for the custody evaluation to the office of Dr. Kasey Shienvold. Pending the hearing, the terms set forth in the September 11, 2006 interim order of the court shall remain in full force and effect. This order and attached motion are entered under seal. 10 1.b ?66 Date than Morgan, Plaintiff kel?isti M. Morgan, Defendant L>fe-lanie L. Erb, Attorney for Nathan Morgan >1?Re?' s 'Ad.v oC BY THE COURT, '?k Judge M. L. Ebert, Jr. 0Z o- 144 LZ 130 9001 Nathan W. Morgan, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Christi M. Morgan, Defendant. : NO. 06-3344 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Erilyn, Carol and Brenna Morgan, minor children, to proceed in forma pauperis. The Children's Advocacy Clinic, Guardian Ad Litem for the parties proceeding in forma pauperis, certifies that the parties are unable to pay the costs and that we are providing free legal service to the children. Respectfully submitted, Zd cow,` Date C/ -2( Jesse Rodriq5W Certified Legal Intern ' r R LAWRENCE LUCY JOHNSTON-WALSH Supervising Attorneys CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C?m C-s cs` CD -t 'T [s'1 S'.) r .J .. l w L? NATHAN W. MORGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3344 CHRISTI M. MORGAN, : CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER AND NOW, this 3of a , 2006, it is hereby ORDERED AND DECREED that Petitioner, Melanie L. Erb, Esquire, is granted leave to withdraw as legal counsel for and no longer represents Plaintiff, Nathan W. Morgan, in the above-captioned matter. .J ?b J. Z ? :1t Wd 0£ $ "0 9002 DO{,:!C L1 f?EI? NATHAN W. MORGAN, PLAINTIFF V. CHRISTI M. MORGAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3344 CIVIL CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 23" day of February, 2007, upon consideration of the Plaintiff's Petition for Primary Custody and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. The Parties shall share legal custody of Erilyn May Morgan, Carol Marie Morgan, and Brenna Virginia Morgan (collectively "the Children") 2. The Father shall be awarded primary physical custody of the Children on April 1, 2007, subject to the following conditions: (a) He shall secure adequate housing for himself and the Children, said housing shall be occupied only by himself and the Children. (b) He shall immediately enroll in parenting classes with the family advocacy program at the Carlisle Barracks, successfully complete the program and provide the court with a certificate of successful completion. Completion of the parenting classes shall be done as soon as possible, but completion is not required prior to April 1, 2007. (c) The Guardian Ad Litem will continue its appointment in this case and will conduct an inspection of the Father's home to insure that it is adequate for the care of the children. 3. The Mother shall have partial physical custody every other weekend beginning on Friday at 6:00 p.m. and ending on Sunday morning no later than 30 minutes prior to the beginning of Children's church services. Additionally, the Mother shall have partial physical custody of the Children each Wednesday evening between the hours of 5:30 p.m. until 8:00 p.m. 4. The Mother shall enroll in parenting skills training no later than March 16, 2007, and shall provide the Court with a certificate of successful completion. 5. The Father shall provide transportation to and from the Mother's residence. 6. The parties will observe the following custodial periods for holidays and special days: HOLIDAYS AND EVEN ODD SPECIAL DAYS TIMES YEARS YEARS Easter Day From 6 p.m. the evening before the Mother Father Holiday to 6 p.m. the day of the Holiday Memorial Day From 6 p.m. the evening before the Father Mother Holiday to 6 p.m. the day of the Holiday Thanksgiving 1S Half From 6 p.m. the evening before Father Father Thanksgiving Day to 2:30 p.m on Thanksgiving Da Thanksgiving 2" Half From 2:30 p.m. on Thanksgiving Day Mother Mother to 6 p.m. the day after Thanksgiving Da Christmas 1S Half From 9:00 a.m. on 12/24 to 3:00 p.m. Father Mother on 12/25 Christmas 2" Half From 3:00 p.m. on 12/25 to 3:00 p.m. Mother Father on 12/26 Mother's Day From 6:00 p.m. the evening before the Mother Mother Holiday to 6:00 p.m. the day of the Holida Father's Day From 6:00 p.m. the evening before the Father Father Holiday to 6:00 p.m. the day of the Holiday 7. Each parent shall insure that the other parent has his or her current address and telephone number and shall notify the other parent promptly of any changes. 8. Neither party shall make statements intended to alienate the Children from the other parent. 9. The parties may modify the provisions of this order by mutual consent. athan Morgan Plaintiff risti Morgan, Defendant /sse Rodriguez, Certified Intern Kate Cramer Lawrence, Esquire Family Law Clinic Guardian Ad Litem for the Children bas J By the Court, --'JHl JO 0 NATHAN W. MORGAN, Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-3344 CIVIL TERM CHRISTI M. MORGAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Christi Morgan, Petitioner, to proceed in forma au eris. ° f-aF. C z S I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jessi olst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 NATHAN W. MORGAN, Plaintiff/Respondent vs. CHRISTI M. MORGAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C.) r1a NO. 06-3344 CIVIL TERM 7-7 • f ' .%e7 CUSTODY PETITION FOR CONTEMPT AND MODIFICATION c Petitioner, Christi Morgan, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 127B Beaver Road, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Respondent, hereinafter referred to as Father, is believed to reside at 301 North Montgomery Street, Hollidaysburg, Blair County, Pennsylvania 16648. 3. The above-named parties are the natural parents of Erilyn May Morgan, born September 3, 2002; Carol Marie Morgan, born December 25, 2003; and Brenna Virginia Morgan, born May 18, 2005. 4. A prior Custody Order was entered in this case by the Honorable Judge M. L. Ebert on February 23, 2007. The Order is attached hereto as "Exhibit A" and in pertinent part grants Father primary custody of the children and provides that Mother shall have periods of partial custody on alternating weekends from Friday to Sunday and every Wednesday evening for 21/x hours. Father is to provide all transportation. i 4J ZFP 5. Father has willfully disobeyed the current Order in ways including, but not limited to, the following: a. In February 2010, Father moved to Hollidaysburg in Blair County and unilaterally stopped allowing Mother to exercise her periods of partial custody. b. According to the October 2007 Order, Father was to have adequate housing for himself and the children and no other occupants in that housing. Father then moved to Lebanon County in 2009 and was evicted resulting in his move to Blair County where it is believed that he lives with his girlfriend and a number of other children. c. Father's behavior suggests an attempt to cause Mother to become estranged from the children and he is deliberately interfering with the mother/child relationships Mother has established with the children. 6. Father is not acting in the children's best interest for reasons including, but not limited to, the following: a. Father is interfering with the mother/daughter relationships between Mother and the children. b. Father has not been able to maintain housing in accordance with the February 2007 Order and has moved at least twice, once as a result of an eviction, and has created instability for the children. 7. Mother is entitled to a modification of the current order, which is in the children's best interest, for reasons including but not limited to the following: a. Mother wants to ensure that the relationship she has with the children is not negatively impacted by Father's actions. b. Father elected to move to Blair County without a court order granting him the right to relocate, which effectively ended Mother's ability to exercise custody on Wednesday evenings. Furthermore, Father unilaterally decided that he was no longer responsible for transportation and has demanded that Mother share in transportation despite the fact that it was Father's actions that caused the increased distance between Mother and the children. 8. It is unknown whether Father is represented and counsel for Mother is unable to request concurrence for the relief requested in this Petition. It is believed that Father would not concur with the relief requested. 9. The Children's Advocacy Clinic was appointed as guardian ad litem for the children and on behalf of the children, the Clinic concurs with the relief requested in this petition. WHEREFORE, Mother respectfully requests that this Court find the following: a. Respondent is in contempt of the February 23, 2007, Custody Order. b. This matter is scheduled for a conciliation conference. c. Until the time of the conciliation conference, Mother and Father continue to share legal custody of the children. d. Mother's visits with the children shall immediately be reinstated and Father shall provide all transportation in accordance with the terms of the February 23, 2007 Order. e. The parties shall have reasonable contact via telephone and written correspondence with the children when they are in the other parent's custody. f. Any other relief this Court finds just and proper. Respectfully submitted, 7efita Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, CHRISTI MORGAN, verifies that the statements made in the above Petition for contempt and modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ISTI M. MORGAN NATHAN W. MORGAN, PLAINTIFF V. CHRISTI M. MORGAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3344 CIVIL CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 23d day of February, 2007, upon consideration of the Plaintiff's Petition for Primary Custody and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. The Parties shall share legal custody of Erilyn May Morgan, Carol Marie Morgan, and Brenna Virginia Morgan (collectively "the Children"). 2. The Father shall be awarded primary physical custody of the Children on April 1, 2007, subject to the following conditions: (a) He shall secure adequate housing for himself and the Children, said housing shall be occupied only by himself and the Children. (b) He shall immediately enroll in parenting classes with the family advocacy program at the Carlisle Barracks, successfully complete the program and provide the court with a certificate of successful completion. Completion of the parenting classes shall be done as soon as possible, but completion is not required prior to April 1, 2007. (c) The Guardian Ad Litem will continue its appointment in this case and will conduct an inspection of the Father's home to insure that it is adequate for the care of the children. 3. The Mother shall have partial physical custody every other weekend beginning on Friday at 6:00 p.m. and ending on Sunday morning no later than 30 minutes prior to the beginning of Children's church services. Additionally, the Mother shall have partial physical custody of the Children each Wednesday evening between the hours of 5:30 p.m. until 8:00 p.m. f,d;bir A 4. The Mother shall enroll in parenting skills training no later than March 16, 2007, and shall provide the Court with a certificate of successful completion. 5. The Father shall provide transportation to and from the Mother's residence. 6. The parties will observe the following custodial periods for holidays and special days: HOLIDAYS AND TIMES EVEN YEARS ODD YEARS SPECIAL DAYS Easter Day From 6 p.m. the evening before the Mother Father Holiday to 6 p.m. the day of the Holiday Memorial Day From 6 p.m. the evening before the Father Mother. Holiday to 6 p.m. the day of the Holiday Thanksgiving 15 Half From 6 p.m. the evening before Father Father Thanksgiving Day to 2:30 p.m on Thanksgiving Da Thanksgiving 2" Half From 2:30 p.m. on Thanksgiving Day Mother Mother to 6 p.m. the day after Thanksgiving Da Christmas 1s Half From 9:00 a.m. on 12124 to 3:00 p.m. Father Mother on 12/25 Christmas 2" Half From 3:00 p.m. on 12/25 to 3:00 p.m. Mother Father on 12/26 Mother's Day From 6:00 p.m. the evening before the Mother Mother Holiday to 6:00 p.m, the day of the Holiday Father's Day From 6:00 p.m. the evening before the Father Father Holiday to 6:00 p.m. the day of the Holiday 7. Each parent shall insure that the other parent has his or her current address and telephone number and shall notify the other parent promptly of any changes. 8. Neither party shall make statements intended to alienate the Children from the other parent. 9. The parties may modify the provisions of this order by mutual consent. than Morgan Plaintiff risti Morgan, Defendant /sse Rodriguez, Certified Intern Kate Cramer Lawrence, Esquire Family Law Clinic Guardian Ad Litem for the Children bas J By the Court, SZ b", d c_ ?VW L 0 0 Z NATHAN W. MORGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-3344 CIVIL TERM CHRISTI M. MORGAN, Defendant/Petitioner CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Christi Morgan, hereby certify that I have served a copy of the forgoing Petition for Contempt and Modification by: USPS First Class Mail: Nathan W. Morgan 301 North Montgomery Street Hollidaysburg, PA 16648 Chase Collins, Certified Legal Intern Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 Date: q11)10 AT'A Je ica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 t NATHAN W. MORGAN PLAINTIFF V. CHRISTI M. MORGAN DEFENDANT IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2006-3344 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 08, 2010 , 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 30, 2010 _ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary. or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es T. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. p eJU'?? ?? Cumberland County Bar Association ?• ` • 32 South Bedford Street -? dQ i dr?wn L- ? -o e Carlisle, Pennsylvania 17013 = S!" 'No -tg? Telephone (717) 249-3166 y• q • l ? ?Uo?c?es & k0ktA n COWNCNS e+q.jo co?t ?\ar? '%n Pm? Gr\km?"-5 -?- Vc. C) w AFFIDAVIT OF CONSENT COURT OF COMMON PLEAS, Cumberland PENNSYLVANIA In re: the Marriage of Nathan William Morgan Plaintiff and Christi Michelle Morgan Defendant ~~FrIL.1.1I~/i~~ Ak x r~~BC~~,-~ ~~^ ~: ~s CUM~~`ti~.~w: KIJ~~/J{l~'a~}gLiN iY 06-3344 Docket No. 1. A COMPLAINT FOR DIVORCE was filed between Plaintiff and Defendant on the 12 day of June 2006 . 2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed. 3. I, Nathan W. Morgan ,have received a copy of the COMPLAINT FOR DIVORCE, and I have read it thoroughly and understand it. i do not wish to contest this proceeding. I do not object to the declarations made in the COMPLAINT FOR DIVORCE. I do hereby consent to the relief requested in therein and to the entry of a DECREE OF DIVORCE dissolving and forever terminating the marriage between Plaintiff and Defendant. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the COMPLAINT FOR DIVORCE. 4. 1 waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause. 5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it. ~i 5~ o ~~ Signature Date 1 301 N Montgomery St. Address, Line 1 Hollidaysburg, PA 16648 Address, Line 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ P ~~.,,,~ Subscribed and sworn to before me on this ~D~Gday of r 20 I a Notary 2 AUG 0 9 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHAN W. MORGAN, Plaintiff N0. 2006-3344 ~. '~F, V, CIVIL ACTION -LAW ~ ~< ,~ CHRISTI M. MORGAN, IN CUSTODY _ ~ _ Defendant ORDER OF COURT G!i . Re: Petition for Modification of Custody Order without Conference or Hearing AND NOW, this ~ 2 day of ~~a~s'~' , 2010, in consideration of the within Petition, IT IS HEREBY ORDERED that Defendant, Christi M. Morgan is granted sole legal custody and sole physical custody of the parties' children NAME AGE YEAR OF BIRTH SOCIAL SECURITY N0. Erilyn May Morgan 7 2002 XXX-XX-7960 Carol Marie Mo~~gan 6 2003 XXX-XX-6124 Brenna Virginia Morgan 5 2005 XXX-XX-3007 This Order is entered without prejudice to the Plaintiff, Nathan W. Morgan, and the right of the Plaintiff, Nathan W. Morgan, upon motion, to obtain a prompt hearing regarding this Order and whether it should be modified. BY THE COURT: ...~ .... M. L. E E ,Judge Di~ibution to: Attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindte Road, Camp Hill, PA 17011 Plaintiff, Pro Se: Nathan W. Morgan by email t morguerlCyahoo.com ~ratFS ~'Yt~. ~ ~~, S`6 2.~w NATHAN W. MORGAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-3344 CIVIL ACTION LAW CHRISTI M. MORGAN DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Friday, August 13, 2010 , 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, September 03, 2010 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. Gift Es T. lip 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 d O 32 South Bedford Street O rlisle, Pennsylvania 17013 e.0 " 4AV 'V-Telephone (717) 249-3166 C n ?;1 s g• l 3' o Cop?_ Tk act % W? ,v 6 y s~ o ~ 200 NATHAN W. MORGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL ANIA V o vs. CIVIL ACTION -LAW -ou ~ ~ ~~ _~~ CHRISTI M. MORGAN, N0.2006-3344 ~ '~ ~ `~~' `'fl , ;~_'~ Defendant IN CUSTODY ~ `~' ~ ;~ ~C CO '~~ COURT ORDER J ~ NOW, this $ day of September, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Court Orders in this case are vacated and replaced with the following Order: 1. The mother, Christi M. Morgan, shall enjoy sole legal and sole physical custody of Erilyn May Morgan, born September 3, 2002, Carol Marie Morgan, born December 25, 2003, and Brenna Virginia Morgan, born May 18, 2005. 2. The father, Nathan W. Morgan, shall enjoy periods of temporary physical custody at such times and under such circumstances as agreed upon by the Mother. 3. The Children's Advocacy Clinic of the Penn State Dickinson School of Law is appointed as guardian ad litem for the three minor children. In conjunction with that appointment, the Children's Advocacy Clinic is authorized to timely access the children's educational records, medical records, mental health/counseling records, and any possible records from Cumberland County Children and Youth Services and any other child servicing agency, if the agency is involved with the children. All persons involved with the children shall cooperate with the Children's Advocacy Clinic in connection with any request for information, request for meetings/interviews with the parties and the minor children or any home visits. BY THE COURT, cc ~~ ~~ M. L. Ebert, Jr., Judge `/ane G. Radcliff, Esquire //'~~ Heather Ann Nigrone nr. Nathan W. Morgan ~.o t f.S rYt t: g Q/~v s ~_ NATHAN W. MORGAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CHRISTI M. MORGAN, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. CIVIL ACTION -LAW N0.2006-3344 1N CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Erilyn May Morgan, born September 3, 2002 Carol Marie Morgan, born December 25, 2003 Brenna Virginia Morgan, born May 18, 2005 2. A Conciliation Conference was held on September 3, 2010, with the following individuals in attendance: the mother, Christi M. Morgan, who appeared with her counsel, Diane G. Radcliff, Esquire. Additionally, student attorney Heather Ann Nigrone of the Dickinson School of Law Penn State University's Children's Advocacy Clinic appeared. The Father was not in attendance, but attorney Radcliff indicated that she had communications with the Father via email in which he acknowledged that he was aware of the conciliation conference. 3. In July of this year the Father lost custody of the children and Children's Services in Cambria County had to take custody. The Mother then made arrangements to get custody and she has had primary and sole custody since that time. Father has moved to Idaho and appears to be out of the picture at this point. 4. The Conciliator recommends an Order in the form as attached. Date: September ~ , 2010 H rt X. Gilroy, Esquire Custody Conciliator NATHAN W. MORGAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSY?Jy IA,::, V. N0.2006 - 3344 CIVIL "m? CHRISTI M. MORGAN ' Defendant IN DIVORCE: - -, c , PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Christi M. Morgan, in the above captioned case. Respectfully submitted, Abraham Z y z y, Esquire Attornelaintiff Supre Court Id # 209787 674 St er Court Hummelstown, PA 17036 NATHAN W. MORGAN IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHRISTI M. MORGAN NO. 2006 - 3344 c K: Defendant IN DIVORCE aM ro M- r M -<> C) ACCEPTANCE OF SERVICE' N j C D M 4 I, Christi M. Morgan (Defendant), accepted service of a true and correct copy of-Che Ebm aint in Divorce under section 3301 (c) of the Divorce Code and the Notice to Defend and Claim Rights on the date written below. I agree to the venue and consent to the jurisdiction of the above captioned Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 2-0 Z004, oj?v i M. organ., Defendant NATHAN W. MORGAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2006 - 3344 CIVIL TERM CHRISTI M. MORGAN Defendant IN DIVORCE C-) _ C C= -03 -n rn Co tar Z -n =-r -rn AFFIDAVIT OF CONSENT .-- a ° 1. A complaint in divorce under §3301(c) of the Divorce Code was filed ur x'12 , Z- 2006. 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of divorce. There are no outstanding issues between the parties. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: _ Signature: Nathan W. Morgan, Plaintiff NATHAN W. MORGAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2006 - 3344 CIVIL TT'x• ico -v rnF CHRISTI M. MORGAN =; -urn Defendant IN DIVORCE ?- "•Q C7 3 ?? IV O WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY-OF V DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent -to me immediately after it is filed with the Prothonotary. I verify that statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Signature: Nathan W. Morgan, Plaintiff NATHAN W. MORGAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2006 - 3344 CIVIL TERM CHRISTI M. MORGAN Defendant IN DIVORCE c vW MM u,r- ? Ica AFFIDAVIT OF CONSENT 3 1. A complaint in divorce under §3301(c) of the Divorce Code was filed $rt un12, ?-? 2006. --? 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days h ave elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of divorce. There are no outstanding issues between the parties. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: a l 't, I _ Signature: Christi W. Morgan, Defendant NATHAN W. MORGAN _ IN THE COURT OF COMMON PL LAS L, Plaintiff CUMBERLAND COUNTY PENN nVAtIA??n .r V. NO. 2006 - 3344 CIVIL ' CHRISTI M. MORGAN r ?, ICJ Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date:0?aw Signature: Ll?iB ti M. Morgan, Defendant NATHAN W. MORGAN Plaintiff V. CHRISTI M. MORGAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : NO. 2006) - 3344 CIVIL TERM Defendant IN DIVORCE m3 ? x,• rn? PRAECIPE TO TRANSMIT RECORD ??'. -Maw To The Prothonotary: z ° Transmit the record., together with the following information, to the Cour%§ iZ3 CD entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c of the Divorce Code. 2. Date and Manner of service of the Complaint: Defendant signed Acceptance and Acknowledgment of Service form and stated Date of Acceptance of Service as June 201h 2006. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, February 25, 2011, by Defendant, February 21, 2011. 4. Related claims pending: There are no outstanding claims. 5. Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 4, 2011. 6. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 4, 2011. Abrahams rPs y, Esquire Attorrie i?f ?ofcAJL ' Supre # 209787 674 Stover Court Hummelstown, PA 17036 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATHAN W. MORGAN V. CHRISTI M. MORGAN No. 2006 - 3344 DIVORCE DECREE AND NOW, ` a`L 5 1W , it is ordered and decreed that NATHAN W. MORGAN plaintiff, and CHRISTI M. MORGAN bonds of matrimony. , defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, 4- Atte J. Prothonotary 415111- eer . ocpy ? ajwj, pl f P l?o-?ee f 4y m bd Flo l o e