HomeMy WebLinkAbout06-3869
LOIS MORRISON and
ROBERT J. MORRISON, SR.,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
()& ~ 3 i (. ~ CIVIL TERM
BRIAN WHITZEL and
KIMBERLY M. WHITZEL,
Defendants
IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW comes the Plaintiffs, Lois Morrison and Robert J. Morrison, Sr., by their
attorneys, Irwin & McKnight, and presents the following Complaint for Custody.
I.
The Plaintiffs, Lois Morrison and Robert J. Morrison, Sr., are adult individuals with an
address of 522 Springfield Road, Shippensburg, Pennsylvania 17257.
2.
The Defendants, Brian Whitzel and Kimberly Whitzel, are adult individuals with an
address of 113 Pine Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065.
3.
The Defendant, Kimberly Whitzel, is the natural mother of Levi R. Morrison, born May
16, 1991.
4.
The Defendant, Brian Whitzel, is the adoptive father of said minor child, Levi R.
Morrison, age fifteen.
5.
The Plaintiffs are the natural paternal grandparents of said minor child, Levi R. Morrison.
6.
The Plaintiffs have been in loco parentis with Levi R. Morrison having custody of Levi
during the summers of 2004 and 2005 and every weekend during the school year.
7.
The Plaintiffs desire that the parties have shared legal custody of minor child, Levi R.
Morrison.
8.
Levi is very unhappy especially with his adoptive father and seeks to live with the
Plaintiffs.
9.
The Plaintiffs desire primary physical custody of the minor child, Levi R. Morrison, with
periods of temporary physical custody to Defendants as the parties can agree.
10.
The best interests and permanent welfare of the minor child requires that the Court grant
the Plaintiffs request as set forth above.
WHEREFORE, the Plaintiffs, Lois Morrison and Robert E. Morrison, Sr., respectfully
requests that they be awarded primary physical custody and shared legal custody of Levi R.
Morrison, as provided herein, with periods of temporary physical custody to Defendants as the
parties agree is in the best interest of said minor child, Levi R. Morrison.
Respectfully submitted,
By:
Date: July 7,2006
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
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OIS MORRISON
Date: JULY 7. 2006
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LOIS MORRISON AND ROBERT J.
MORRISON, SR.
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
06-3869 CIVIL ACTION LAW
BRIAN WHITZEL AND KIMBERLY
WHITZEL
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW,
Thursday, July 13, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 25, 2006
, the conciliator,
at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or pennanent 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 hearin2.
FOR THE COURT.
By: Isl
Hubert X Gilrov. Esq.
Custody Conciliator
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,
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infonnation 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
HA VE 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
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LOIS MORRISON AND ROBERT J.
MORRISON, SR.,
Plaintiff
v
BRIAN WHITSEL AND KIMBERLY
WHITZEL,
Defendant
3EP Z {I Z006
14
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
!J
CIVIL ACTION - LAW
NO. 06-3869
IN CUSTODY
COURT ORDER
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AND NOW, this 1. ~ day of September, 2006, upon consideration of the attached
Custody Conciliation report, it is ordered and directed as follows:
1. The parents, Brian Whitzel and Kimberly Whitzel, shall enjoy sole legal and
primary physical custody of Levi R. Morrison, born May 16, 1991.
2. The grandparents, Lois Morrison and Robert J. Morrison, Sr., shall enjoy
unsupervised visitation with the minor child as follows:
a. One weekend per month at a time to be agreed upon between the
parties.
b. One week during the summer at a time to be agreed upon between the
parties.
c. When the grandparents have visitation with the minor child, they shall
not allow the child to have any contact with Robert J. Morrison, Jr.
cc~ueline M. Verney, Esquire
~arcus A. McKnight, III, Esquire ~
BY THE COURT,
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Judge
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LOIS MORRISON AND ROBERT J.
MORRISON, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LA W
BRIAN WHITSEL AND KIMBERLY
WHITZEL,
NO. 06-3869
Defendant
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:
Levi R. Morrison, born May 16, 1991.
2. A Conciliation Conference was held on September 25, 2006, with the following
individuals in attendance:
The grandparents, Lois Morrison and Robert J. Morrison, Sr., with their counsel,
Marcus A. McKnight, III, Esquire, and the parents, Brian Whitzel and Kimberly
Whitzel, with their counsel, Jacqueline M. Verney, Esquire.
3. The parties agree upon the entry of an Order in the form as attached.
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