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HomeMy WebLinkAbout07-0101 II Plaintiffs ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA RUTH E. MORRIS and DAVID K. MORRIS, vs. CIVIL ACTION - LAW NO.O'l-IC>L ~u.)~L~~ JOHN A. NICHOLSON and JENNIFER NICHOLSON, IN CUSTODY Defendants COMPLAINT IN CUSTODY AND NOW comes the above named Plaintiffs Ruth E. Morris and David K. Morris, by their attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiffs are Ruth E. Morris and David K. Morris, adult individuals who reside at 2247 Canterbury Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendants are John A. Nicholson and Jennifer Nicholson, adult individuals who reside at 101 B West North Street in Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffs seek an award of legal and physical custody of the minor child, Stephanie Lynn Nicholson, age 2, born 1 October 2004. The Plaintiffs are the aunt and uncle of the child (the Plaintiff Ruth E. Morris is the sister of the Defendant John A. Nicholson) and the Defendants are the biological parents of thechild. 4. Plaintiffs have standing to bring this action because they have stood in the position of loco parentis of the child as well as for the following additional reasons: a. The child has resided primarily with them for much of her life, having lived with them from December of 2004 until April of 2005 and continuously with them from January of 2006 to the present. b. The Plaintiffs have genuine care and concern for the child and have provided for the child's reasonable needs for a period of at least one year. c. Their relationship with the child began with the consent of both parents of the child. " II .. d. They have, for a period of twelve months or more, assumed the role and responsibility of the child's primary parents, providing for the physical, emotional and social needs of the child. 5. The Plaintiffs reside at 2247 Canterbury Drive in Mechanicsburg with the child who is the subject of this action. 6. The Defendants reside together at 101 B West North Street in Carlisle, Pennsylvania. 7. The child was not born out of wedlock. 8. Since the child's birth, the child has resided at the following locations with the following parties: October 2004 - December 2004 Rockland County Defendants New York December 2004 - April 2005 Mechanicsburg, P A Plaintiffs April 2005 - January 2006 Rockland County Defendants New York (under the supervision and care of a New York Agency, charged with protection of young children) January 2006 - present Mechanicsburg, PA Plaintiffs At sometime in 2005, the child was under the care and supervision of the Department of Social Services of the County of Rockland, New York and that such supervision may have been pursuant to an order entered in some action filed in New York. Plaintiffs, however, have no further information regarding that action or potential litigation. Other than that, Plaintiffs are not aware of any litigation involving the custody of the child. Plaintiffs are not aware of any person other than the Plaintiffs and Defendants who have made a claim for custody of the child or who have the right to make a claim for the custody of the child. \I ~ 9. Plaintiffs seek an award of primary legal and physical custody of the child and believes such an award will be in the child's best interests for the following reasons: a. The Defendants, particularly Jennifer Nicholson have demonstrated, by their conduct since the child's birth, their inability to properly care for the child and to provide for the child's physical, emotional, intellectual, and other needs; and b. The child has spent more than one half of her life in the care and custody of the Plaintiffs and appears to thrive when in their custody; and c. The child's father has expressed a preference that the child reside with the Plaintiffs; and d. The mother of the child appears to have severe psychological, psychiatric, or emotional problems which interfere with and prevent her from providing proper and adequate care for the child. WHEREFORE, Plaintiff prays this court to award them primary legal and physical custody of the child and to set a schedule for the Defendants to have brief periods of temporary custody. ~ Attorney for Plaintiffs Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II . I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: I /;/C 7 ,.'\ , I.;"" ':-,--;", /, ',(\ ,,' v' j(', 0r(.j,/ v }'/'" RUTH E. MORRIS II I . I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: I Ii. /01 I I ~~ /(J/}1~ DA . MORRIS ' II .. . RUTH E. MORRIS and DAVID K. MORRIS, vs. ) ) ) ) ) ) ) ) ) IN CUSTODY IN THE COURT OF COMMON PLEAS OF CillvfBERLAND COUNTY, PENNSYL VANIA Plaintiffs CIVIL ACTION - LAW NO. JOHN A. NICHOLSON and JENNIFER NICHOLSON, Defendants JOINDER The undersigned, John A. Nicholson of Carlisle, Pennsylvania, represents and acknowledges that he has read the Petition of Ruth E. Morris and David K. Morris, in which they seek an award to them of primary legal and physical custody of his daughter, Stephanie Lynn Nicholson, born 1 October 2004 and represents to the court as follows: 1. He acknowledges that the child has lived primarily with Ruth E. Morris, who is his sister, and her husband David K. Morris for more than one half of her life and that Mr. and Mrs. Morris are well able to care for the child; and 2. He believes that the child's best interests would be served by an award of legal and physical custody of the child to the Plaintiffs Ruth E. Morris and David K. Morris; and 3. He requests this court to grant their Petition and award primary, legal and physical custody of his daughter Stephanie Lynn Nicholson to the Plaintiffs Ruth E. Morris and David K. Morris. Date: '1;)- ! 0'1 ,~ ~ ~ '\J ~ tv ~ , ~ ~ ~ \ . ~ \r--~ \ \ '\J ~~ \ ~~ ., ~ g <- uf.;'~~ nlr'r: 1:~F:'; J) .f'- ~~ ....-;' ~::C; i; (.~: ...-;;;C) )::.'c Z ::2 too.) ~ ~ ~ ~:n I -oFn Con es ~ -0 ~~ 3: ~~ :-: ~ Con ?i5 -< RUTH E. MORRIS AND DAVID K. MORRIS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-101 CIVIL ACTION LAW JOHN A. NICHOLSON AND JENNIFER NICHOLSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, January 08, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 13,2007 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 ifthis 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 hearin2. FOR THE COURT. By: Isl .Jacqueline M. Vemey, Esq. . 1.J Custody Conciliator -P-=- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Oisabilites 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 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 cp~fp~-~~ ~ ~~~~ ~fp~~~.n (0' 6- / (061 t...~' IJ- / I;flNV/Y1ASNN3d l · N1nr"-,; '\I" T'C"WM'\'" ;\.]. '!,.'"" ',"', '.'/Jr vt 1>oJ ~o :~ Wd 6- NVf LOOl Ai:fiflONOH10Bd 3Hl :JO 30!:!:!o-a31l~ 'I .,. .~ . RUTH E. MORRIS and DAVID K. MORRIS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 101 of 07 Civil JOHN A. NICHOLSON and JENNIFER NICHOLSON, IN CUSTODY Defendants MOTION AND NOW come the above-named Plaintiffs, by their attorney, Samuel L. Andes, and represent to the court that the parties have resolved the matters raised in the Plaintiff's complaint for custody by a written Stipulation, a copy of which is attached to this Motion, and move the court to enter the attached order to implement the terms of that Stipulation and to resolve the matters raised in the Plaintiffs' complaint for custody. g~ Samuel L. Andes Attorney for Plaintiffs Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 1 7043 (717) 761-5361 I' L . ,. '... . RUTH E. MORRIS and DAVID K. MORRIS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. , 0 I ;"_- ~ :./ 7 '-~-'1-~'( I JOHN A. NICHOLSON and JENNIFER NICHOLSON, IN CUSTODY Defendants STIPULATION AND NOW come the above-named Plaintiffs Ruth E. Morris and David K. Morris and the Defendants John A. Nicholson and Jennifer Nicholson and stipulate and agree as follows: 1. Primary, legal and physical custody of the minor child Stephanie Lynn Nicholson, born 1 October 2004, shall be awarded to the Plaintiffs Ruth E. Morris and David K. Morris, effective immediately. 2. The Defendants John A. Nicholson and Jennifer Nicholson shall continue to have periods of temporary custody of the said child at such times and dates as the Plaintiffs and Defendants may agree. 3. This Stipulation may be entered by the court as an order in the custody action. IN WITNESS WHEREOF the parties hereto have set their hands and seals this ]1f day of ')-:--." --::a.' 4)',-r, ,~. .,' '-..:::x -'?v \. ___;,. I ~ ( f ['I ;'" _)~'r ~ 'C' . ,tc hr' , ,.' , ~/(."", Ruth E. Morris .~~fH ~ David K. Morris A ,/ / /-. , / ( /"11 ," I l . , ~l</ t/ . L/Yc..-c \)i~?t Jerinifer Nichelson ~ ,I , .. }I, /. {, I (/1(:,L{/}i__)e',}-- f' "" \ ........ II ~\ .. _62007 ('f\ Plaintiffs ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA RUTH E. MORRIS and DAVID K. MORRIS, CIVIL ACTION - LAW vs. NO. 101 of 07 Civil JOHN A. NICHOLSON and JENNIFER NICHOLSON, IN CUSTODY Defendants ORDER OF COURT II., .,. AND NOW, this day of 1~ "'1 ' 2007, upon the written Stipulation of the parties attached hereto, we hereby award primary legal and physical custody of the minor child, Stephanie Lynn Nicholson, born 1 October 2004, to the Plaintiffs Ruth E. Morris a'nd David K. Morris. The Defendants, John A. Nicholson and Jennifer Nicholson, who are the parents of the child, shall continue to have periods of temporary custody of the child at sucj1 times and dates as the Plaintiffs and Defendants may agree. In the event the parties cannot agree, we will entertain a petition from any of the parties for further proceedings. Distri bution: J. Samuel L. Andes, Esquire (Attorney for Plaintiffs) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 John A. Nicholson, pro se 101 B West North Street, Carlisle, PA 17013 Jennifer Nicholson, pro se 101 B West North Street, Carlisle, PA 17013 ._.P.{ 1-j7'/J7 ~,~-I 9- >- a: ~ UJQ o--:;~ p:~) ~.'-~ <' g: - lU O::j:E u.. o N o >- 1"- Z ;::~<~S >.,~f'~ .--J ~~ ;:J ...."J-- < ~lJ ~'.: :.::;. .',-,. 4".>~_ ':..:~~ U~j (_i~'i Cl- ..~> :5 (.) -=r :a: 0- \.0 ...... < -, r-- = = c:-.... RUTH E. MORRIS and DAVID K. MORRIS, Plaintiffs V. JOHN A. NICHOLSON and JENNIFER NICHOLSON Defendants .18~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-101 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 16th day of January, 2007, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, );{,r;. tody Conciliator \:fINVAlASi\IN3d 'u' Ninr('1 (1'.n~n;,::::;Q:Aln" ^ " . ",rf loJ 9 I :6 WV L I NVf tOOl Ab'VICNOH10tJd 3H1 :.10 3"'i-I-l().-G31I.J .. v...J.".....~ }...:J RUTH E. MORRIS and DAVID K. : IN THE COURT OF COMMON PLE - ? MORRIS, : CUMBERLAND COUNTY, PEN14 VzVIA-, Plaintiffs a rte. V. : CIVIL ACTION - LAW - r IN CUSTODY JOHN A. NICHOLSON and JENNIFER = ., NICHOLSON, - Defendants : NO. 07-0101 CIVIL TERM' (0 PETITION TO MODIFY CUSTODY ORDER 1. The petition of John A. Nicholson and Jennifer Nicholson by their attorneys, the Family Law Clinic, respectfully represents that on January 16, 2007, an Order of Court was entered for custody of Stephanie Lynn Nicholson, born October 1, 2004, a true and correct copy of which is attached. Under the existing Order, the Plaintiffs have primary custody of the child and the Defendants have periods of temporary custody at such times and dates as the parties can agree. 2. This Order should be modified because: a. The current Order, entered on January 16, 2007, provides that petitioners, John A. Nicholson and Jennifer Nicholson, shall have periods of temporary custody of the child at such times and dates as the parties may agree. b. Petitioners' periods of visitation have been gradually reduced to less than one hour each week. c. The limited periods of visitation have adversely impacted Petitioners' relationship with the child. WHEREFORE, Petitioners request that the Court modify the existing Order for Partial Custody because it will be in the best interests of the child. Respectfully submitted, Date: A94FI? Malcolm McPherson Certified Legal Intern THO S M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX . MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 10 ?1,e-o C) QXL)?? Nicholson a '44 4ze? ennifer N' holson RUTH E. MORRIS and DAVID K. MORRIS Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW CUSTODY JOHN A. NICHOLSON and JENNIFER NICHOLSON, Defendants NO. 07 - 0101 CIVIL TERM CERTIFICATE OF SERVICE I, Malcolm I. McPherson, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Modify Custody on Diane M. Dils, Esq., counsel for Plaintiffs, by depositing a copy of the same in first class U.S. mail, postage prepaid, this 18`h day of November, 2010 addressed as follows: Diane M. Dils, Esq. 1400 North Second Street Harrisburg, PA 17102 l Date Malcolm McPherson Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 RUTH E. MORRIS and DAVID K. MORRIS, Plaintiffs V. JOHN A. NICHOLSON and JENNIFER NICHOLSON, Defendants IN THE COURT OF COMMON PLE F- -CUMBERLAND COUNTY, PENNS _ &A CIVIL ACTION - LAW IN CUSTODY -' : NO. 07-0101 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow John Nicholson and Jennifer Nicholson, Defendants, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date T Res a tfully su fitted, Malcolm McPherson Certified Legal Intern lbft 440?? ROB T E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 (D RUTH E. MORRIS AND DAVID K. MORRIS : IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. JOHN A. NICHOLSON AND JENNIFER NICHOLSON DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA 2007-101 CIVIL ACTION LAW c-) c -p3 ma) IN CUSTODY MM MM cn ? r? zo ORDER OF COURT N O 0 C7 N t -o w cn 0 rn- -rn a? --4o =rn ©-j rn AND NOW, Wednesday, November 24, 2010 _,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 16, 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/ ac ucHne M. Verne Es , Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 16 L nru,dtcd C¢ Grn,r ? Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RUTH E. MORRIS and DAVID K. MORRIS, Plaintiffs V. JOHN A. NICHOLSON and JENNIFER NICHOLSON, Defendants : IN THE COURT'& 16WWNi PLEAS`'OF : CUMBERLAND COt NTY, PENNSYLVANIA : NO. 2007-101 : IN CUSTODY 2011 A 18 'On 3 01 CIVIL ACTION - LA ORDER OF COURT rn Ca =rn -•C ?' O =C) AND NOW, this ZY' day of qk? , 2011, upon consideration of the attached Custody Conciliat on Re rt, it is ordered and directed as follows: The prior Order of Court dated January 16, 2007 is hereby vacated. 2. The paternal aunt and uncle, Ruth E. Morris and David K. Morris shall have primary legal custody of Stephanie Lynn Nicholson, born October 1, 2004. The paternal aunt and uncle shall provide all information relating to educational, medical and religious issues to the parents in a timely manner, including matters relating to school programs/activities, parent/teacher conferences, extracurricular activities and counseling appointments and progress. 3. The paternal aunt and uncle shall have primary physical custody of the child. 4. The parents shall have periods of supervised visitation as follows: A. Alternating Saturdays, from 11:30 a.m. to 1:00 p.m. at a location as agreed by the parties. B. The first Sunday after the first Saturday of every month, from 2:00 p.m. to 3:30 p.m. at a location as agreed by the parties. C. Such other times as the parties agree. 5. The parents shall have reasonable telephone contact with the child. Na CA 3s 3 OC1 rv ....r C7 x ? 4''r1r" ro C:? O Orn 6. The parties shall contact the child's counselor and request that the parents be included in the child's counseling. aw 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation conference is scheduled for February 24, 2011 at 9:30 a.m. BY THE COURT, Kevin A ess, p cc: Malcolm McPherson, certified legal intern, Megan Riesmeyer, Esquire, Family Law Clinic, counsel for parents Diane M. Dils, Esquire, Counsel for paternal aunt and uncle Cop's I )'_1 S l D RUTH E. MORRIS and DAVID K. MORRIS, Plaintiffs V. JOHN A. NICHOLSON and JENNIFER NICHOLSON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-101 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Stephanie Lynn Nicholson DATE OF BIRTH CURRENTLY IN CUSTODY OF October 1, 2004 paternal aunt & uncle 2. A Conciliation Conference was held in this matter on January 18, 2011, with the following in attendance: The Father and Mother, John A. Nicholson and Jennifer Nicholson, with their counsel, Malcolm McPherson, certified legal intern and Megan Riesmeyer, Esquire, and the paternal aunt and uncle, Ruth E. Morris and David K. Morris, with their counsel, Diane M. Dils, Esquire. 3. The Honorable Kevin A. Hess, P.J. previously entered an Order of Court dated January 16, 2007 providing for the aunt and uncle to have primary legal and physical custody with the parents having periods of temporary physical custody as agreed. 4. The parties agreed to an Order in the form as attached. Date: /- 1g"'11 / acq ine M. Verney, Esquire Custody Conciliator RUTH E. MORRIS and DAVID K. MORRIS, Plaintiffs V. JOHN A. NICHOLSON and JENNIFER NICHOLSON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-101 CIVIL ACTION - L??W -Tj IN CUSTODY c „ ..,. -7 r,.. r ORDER OF COURT ."a AND NOW, this Zap day of Fir, , 2011, upon consideration of the attached Custody Conciliation Repd t, it is ordered and directed as follows: 1. The prior Order of Court dated January 24, 2011 shall remain in full force and effect with the following modifications. 2. The parents shall contact the child's counselor to schedule appointments. 3. The parties shall follow the recommendations of the child's counselor. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation conference is scheduled for May 10, 2011 at 8:30 a.m. c? .? c o - 7: _. c5cc LA s w - CD cc: Malcolm McPherson, certified legal intern, Megan Riesmeyer, Esquire, Family Law Clinic, counsel for parents /Diane M. Dils, Esquire, Counsel for paternal aunt and uncle C©p; e5 WKa. 1,e0( al 3411 al BY THE COURT, RUTH E. MORRIS and DAVID K. MORRIS, Plaintiffs V. JOHN A. NICHOLSON and JENNIFER NICHOLSON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-101 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Stephanie Lynn Nicholson DATE OF BIRTH CURRENTLY IN CUSTODY OF October 1, 2004 paternal aunt & uncle 2. A Conciliation Conference was held in this matter on February 24, 2011, with the following in attendance: The Father and Mother, John A. Nicholson and Jennifer Nicholson, with their counsel, Malcolm McPherson, certified legal intern and Megan Riesmeyer, Esquire, Family Law Clinic, and the paternal aunt and uncle, Ruth E. Morris and David K. Morris, with their counsel, Diane M. Dils, Esquire. 3. The Honorable Kevin A. Hess, P.J. previously entered an Order of Court dated January 24, 2011 providing for the aunt and uncle to have primary legal and . physical custody with the parents having periods of supervised visitation on alternating Saturdays and one Sunday per month, for 1'/z hours each day. 4. The parties agreed to an Order in the form as attached. Date: ac eline M. Verney, Esquire Custody Conciliator : 1N THE COURT OF COMMON PLEA3-fJF ~ Ruth E. Morris and David K. Morris, o Plaintiffs : CUMBERLAND COLJNTY, PENNSYI.~Al,= ; ~m o 'n~=- V : CIVIL ACTION - LAW =r;a- ~ -urn ~ : IN CUSTODY a' °a John A. Nicholson and Jennifer Nicholson, : y° = o~ D e f endants : NO. 07-101 CIVIL TERM 2:c:) ~ f-n ~ PETITION TO MODIFY CUSTODY ORDER John and Jennifer Nicholson, by their attorneys, the Family Law Clinic, respectfully request modification of the Order entered by this Court on February 28, 2011 regarding the custody of Stephanie Lynn Nicholson , born October 1. 2004 , a true and correct copy of which is attached as Exhibit A. In support of their petition, the Defendants aver: 1. Plaintiffs Ruth and David Morris have primary legal and physical custody of the Defendants' daughter, Stephanie Lynn Nicholson. Ruth E. Morris and John A. Nicholson are brother and sister, by blood. 2. At a conciliation held on February 24, 2011, the parties agreed to follow the recommendations of the child's counselor, Jamie Orris, L.S.W., in regards to modifying of the custody arrangement. Ms. Orris was originally supposed to provide her recommendation at a conciliation scheduled for May 10, 2011. As of the date of this filing, Ms. Orris has not issued any such recommendation. 3. The prevailing Order should be modified because: a. The Defendants can no longer agree to wait for the recommendation of the child's counselor; a recommendation that was supposed to be provided at a May 10, 2011 conciliation. The Defendants would not have agreed to this course of action if they knew it would take more than nine months to receive a recommendation. b. Jamie Orris, L.S.W., has failed to respond for defense counsel's reasonable inquiries about her recommendation. The Family Law Clinic has made a number of attempts to contact Ms. Orris via telephone, letter and e-mail. Since a conference call in August, the only contact the Family Law Clinic has had with Ms. Orris was a voicemail received on October 25, 2011 stating that she preferred to communicate via e-mail. In response, the Family Law Clinic sent her e-mail on November 4, 2011, to which she has failed to respond. c. The Defendants have diligently attended counseling sessions with their child and Ms. Orris, and have consistently improved upon the relationship with their child. d. The Defendants have extremely limited, supervised time with their child, pursuant to an Order of Court issued on January 24, 2011, a true and correct copy of which is attached as Exhibit B. e. Plaintiffs have been unwilling to allow the Defendants, or their family, to spend more time with their child despite the fact that the Defendants' relationship with their child continues to show steady improvement. f. The Defendants, and their family, wish to spend increased time with their child during the holidays to assist in the creation of a stronger bond between parents and child. 4. Opposing counsel does not concur with this Petition to Modify Custody Order. 5. The Honorable Judge Hess has previously ruled in this matter. WHEREFORE, the Defendants respectfully ask the Court to modify the existing Order for Custody and grant Defendants, in addition to their regular supervised visits, periods of unsupervised custodial time with their daughter on Thanksgiving Day from 12:OOPM to S:OOPM, Christmas Day from 3:OOPM to 8:OOPM, New Years day from 12:OOPM to S:OOPM and increased custodial time beginning in 2012 because it will be in the best interests of the child top build a stronger relationship with the Defendants, her biological parents. 9 Date: Garre rouwer Certified Legal Intern SO IN /UR T 9 6 HOMA LACE T ROBERT E. RAINS ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and conect. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. (1 . ~ Date: hn 4A.Micholson Date: ' y J J' fer Nicho ' n , RUTH E. MORRIS AND DAVID K. MORRIS IN THE COURT OF COMMON PLEAS OF - PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA , w V. 2007-101 CIVIL ACTION LAW wry r - n JOHN A. NICHOLSON AND JENNIFER ca ?" c a NICHOLSON IN CUSTODY w DEFENDANT u ORDER OF COURT AND NOW, Friday, November 18, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 13, 2011 at 8:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ne ueKne M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 0a1Zed/ ,? ,? law ??o?°? Mgr P00 r? ffr?r 7? ? Ls . ?Ot4 y ??a G eal 1/e loo r S wr- ????la r .f10P RUTH E. MORRIS and : IN THE COURT OF COMMON PLEAS OF DAVID K. MORRIS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2007-101 CIVIL ACTION - LAW JOHN A. NICHOLSON and JENNIFER NICHOLSON, Defendants : IN CUSTODY ORDER OF COURT X12 AND NOW, this day of ,-2&H, upon consideration of the attached Custody Con ' ation Report, it is ordered and directed as follows: I . A Hearing is scheduled in Court Room No. 1p , of the Cumberd County Court House, on the 2?day of , 2012, at .?/ 404 o'clock, _. M., at which time testimony will be taken. or purposes of this Hearing, the Mother and Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The Orders of Court of the Honorable Kevin A. Hess, P.J. dated January 24, 2011 and February 28, 2011 shall remain in full force and effect. 3. The parties may modify the provisions of this Order by mutual consent. In C- the absence of mutual consent, the terms of this Order shall control. c -0 3 N m M X ;;o r=- `V r-, r ?n rn ? B Y THE 1JRj ;-' w"° s ?C-- N --iM -? A. Pt-y C. P. v d Pat Boyer, certified legal intern, counsel for parents Martin D'Urso, Esquire, Family Law Clinic Diane M. Dils, Esquire, counsel for aunt and uncle RUTH E. MORRIS and DAVID K. MORRIS, Plaintiffs V. JOHN A. NICHOLSON and JENNIFER NICHOLSON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-101 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Stephanie Lynn Nicholson October 1, 2004 Aunt & Uncle 2. A Conciliation Conference was held December 13, 2011 with the following individuals in attendance: The Father and Mother, John A. Nicholson and Jennifer Nicholson, with their counsel, Pat Boyer, certified legal intern and Martin D'Urso, Esquire, Family Law Clinic, and the paternal aunt and uncle, Ruth E. Morris and David K. Morris, with their counsel, Diane M. Dils, Esquire. 3. Father and Mother's position on custody is as follows: the parents seek shared legal custody and periods of partial physical custody on alternating weekends. The parents are only seeing the child supervised at this time. They have been participating in family counseling with the child since February, 2011. The parents believe that they should see the child unsupervised. 4. The paternal aunt and uncle's position on custody is as follows: They seek to maintain the status quo, that is, primary legal and physical custody with them with periods of supervised visitation with the parents as recommended by the child's counselor. Thus far the child's counselor is not suggesting any other time with parents other than supervised visitation. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. LX? ? l Date J cqu e M. Verney, Esquire Custody Conciliator RUTH E. MORRIS and : IN THE COURT OF COMMON PLEAS OF DAVID K. MORRIS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. C7 : CIVIL ACTION - LAW -n3 tv ^, IN CUSTODY UD -n JOHN A. NICHOLSON and M z ' rT} JENNIFER NICHOLSON, <v N CD C` Defendants : NO. 07-0101 CIVIL TERM <? -10 X- 'n - n f ..i 4' CUSTODY AND VISITATION AGREEMENT C THIS AGREEMENT, made this day of CJ f,G 012, between John and Jennifer Nicholson (Father and Mother), and Ruth and David Morris (Aunt and Uncle), concerns the custody and visitation of Stephanie Nicholson (Child), born October 1, 2004. Mother and Father, and Aunt and Uncle desire to enter into an Agreement as to the custody of Child. The parties agree to the following: 1. Aunt and Uncle shall have primary legal custody of Child. Aunt and Uncle shall provide all information relating to educational, medical, and religious issues to the parents in a timely manner, including matters relating to school programs/activities, parent/teacher conferences, extracurricular activities and counseling appointments and progress. 2. Aunt and Uncle shall have primary physical custody of Child. 3. Mother and Father shall have periods of supervised visitation as follows: a. Alternating Saturdays, from 11:30 a.m. to 1:00 p.m. at a location as agreed by the parties. b. The first Sunday after the first Saturday of every month, from 2:00 p.m. to 3:30 p.m. at a location as agreed by the parties. c. Such other times as the parties agree. 4. At the end of each scheduled visit, if Child's comfort level is such that she desires, the visits may be extended with no specific time limitation. In order to determine whether Child is having fun and would like to extend the visit, all parties will engage in a discussion. Deference will be given to Aunt and Uncle in the event of a disagreement. 5. Mother and Father shall continue to contact Child's counselor to schedule their own counseling sessions. 6. If Child desires to visit with Mother and Father outside of the presence of Aunt and Uncle, Aunt and Uncle will agree. Mother and Father, and Aunt and Uncle, may ask Child if she would like unsupervised visits. 7. In the absence of Child's express desire to have unsupervised visits, all parties will agree to follow the recommendations of Child's counselor. 8. All parties will be as flexible as possible with their schedules to accommodate Child's wishes. 9. Mother and Father shall have reasonable telephone contact with Child. 10. All parties shall attend counseling sessions together, without Child. Payment for these sessions will be determined by the parties and the counselor. 11. This Agreement concludes the current custody litigation. Any future modification, not mutually agreed upon, shall require the filing of a Petition to Modify Custody. 12. The custody hearing scheduled for February 27, 2012 will be canceled as a result of this Agreement. 13. The parties may modify the provisions of this Agreement by mutual consent. In the absence of mutual consent, the terms of this Agreement shall control. 14. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court and supersede all prior Orders. Jennifer icholson, Defendant 'Jr Ruth Morris, Plaintiff cllt *ohnicholson, Defendant A Christen Rafuse Certified Legal Intern Counsel for Defendants ME AN RIESMEYER ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax(717)243-3639 David Morris, Plaintiff /Diane 10s, EVuire Counsel for Plaintiffs Dils & Dils 1400 N. Second St. Harrisburg, PA 17102 ?k . RUTH E. MORRIS and : IN THE COURT OF COMMON PLEAS OF DAVID K. MORRIS, : CUMBERLAND COUNTY, PENNSYLVANIF _ r, Plaintiffs ?- z rn max, rri CO i. --n n v. : CIVIL ACTION - LAW cnr 7-1 C.=' IN CUSTODY r -i C) JOHN A. NICHOLSON and G C' v -v ..-- JENNIFER NICHOLSON, na Defendants : NO. 07-0101 CIVIL TERM X r.) ORDER OF COURT AND NOW, this A day of _ C6?0 - , 2012 upon consideration of the attached Custody and Visitation Agreement between John and Jennifer Nicholson (Father and Mother), and Ruth and David Morris (Aunt and Uncle), concerning the custody and visitation of Stephanie Nicholson (Child), born October 1, 2004, the following is entered as an Order of Court. I --e- a'? Ica. t 1. Aunt and Uncle shall have primary legal custody of Child. Aunt and Uncle shall provide all information relating to educational, medical, and religious issues to the parents in a timely manner, including matters relating to school programs/activities, parent/teacher conferences, extracurricular activities and counseling appointments and progress. 2. Aunt and Uncle shall have primary physical custody of Child. Mother and Father shall have periods of supervised visitation as follows: a. Alternating Saturdays, from 11:30 a.m. to 1:00 p.m. at a location as agreed by the parties. b. The first Sunday after the first Saturday of every month, from 2:00 p.m. to 3:30 p.m. at a location as agreed by the parties. C. Such other times as the parties agree. H 4. At the end of each scheduled visit, if Child's comfort level is such that she desires, the visits may be extended with no specific time limitation. In order to determine whether Child is having fun and would like to extend the visit, all parties will engage in a discussion. Deference will be given to Aunt and Uncle in the event of a disagreement. 5. Mother and Father shall continue to contact Child's counselor to schedule their own counseling sessions. 6. If Child desires to visit with Mother and Father outside of the presence of Aunt and Uncle, Aunt and Uncle will agree. Mother and Father, and Aunt and Uncle, may ask Child if she would like unsupervised visits. 7. In the absence of Child's express desire to have unsupervised visits, all parties will agree to follow the recommendations of Child's counselor. 8. All parties will be as flexible as possible with their schedules to accommodate Child's wishes. 9. Mother and Father shall have reasonable telephone contact with Child. 10. All parties shall attend counseling sessions together, without Child. Payment for these sessions will be determined by the parties and the counselor. 11. This Agreement concludes the current custody litigation. Any future modification, not mutually agreed upon, shall require the filing of a Petition to Modify Custody. 12. The custody hearing scheduled for February 27, 2012 will be canceled as a result of this Agreement. c 13. The parties may modify the provisions of this Agreement by mutual consent. In the absence of mutual consent, the terms of this Agreement shall control. BY THE COURT: ThoMa j A. Placey J. Common Pleas Judge Cc: ? Diane Dils, for Plaintiffs y Family Law Clinic, for Defendants t. "r 0 ?'J RUTH E. MORRIS and DAVID K. MORRIS, Plaintiffs V. JOHN A. NICHOLSON and JENNIFER NICHOLSON, Defendants lef ale jr- "44111a 00000020, I%t IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO: 2007-101 CIVIL TERM IN RE: DEFENDANTS' PETITION FOR DISCOVERY PURSUANT TO PA. R.C.P. 1930.5 ORDER OF COURT h AND NOW, this2 day of February, 2012, upon consideration of Defendants' Petition for Discovery Pursuant to Pa. R.C.P. 1930.5, and upon further consideration of the Custody and Visitation Agreement filed on February 21, 2012, the Petition for Discovery Pursuant to Pa. R.C.P. 1930.5 is dismissed as moot. Distribution List: By the Thomas A. lacey C.P.J. ? Diane Dils, Esq. Dils & Dils c ; - 1400 N. Second St. m , r -- Harrisburg, PA 17102 z For Plaintiffs I > X- Certified Legal Intern Christen Rafuse P, Y , Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For Defendants ,el-l'i. RUTH E. MORRIS and DAVID K. MORRIS, Plaintiffs V. JOHN A. NICHOLSON and JENNIFER NICHOLSON, Defendants NX IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO: 2007-101 CIVIL TERM IN RE: DEFENDANTS' PETITION TO ALLOW DISCOVERY PURSUANT TO PA. R.C.P. 1930.5 ` ORDER OF COURT AND NOW, this day of February, 2012, upon consideration of Defendants' Petition to Allow Discovery Pursuant to Pa. R.C.P. 1930.51 and upon further consideration of the Custody and Visitation Agreement filed on February 21, 2012, the Petition to Allow Discovery Pursuant to Pa. R.C.P. 1930.5 is dismissed as moot. Distribution List: By the Court Thomas acey C.P.J. Diane Dils, Esq. ' Dils & Dils 1400 N. Second St. tT;--- Harrisburg, PA 17102 ca 'u, + For Plaintiffs Certified Legal Intern Christen Rafuse )?"C- =Z ;= - , Family Law Clinic =C) C - 45 North Pitt Street Carlisle, PA 17013 For Defendants %d ? Yf 2