HomeMy WebLinkAbout94-00330
Patricia Lynn Morton,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
.
.
v.
NO. 3~O CIVIL 1994
.
.
steven Christopher Morton,
Defendant
: CUSTODY
AND NOW, this
day of January, 1994, upon
consideration of the Petition for Special Relief, primary custody
is granted to the Plaintiff and partial custody every other
weekend from Friday at 4:00 p.m. until Monday at 9:00 a.m. to the
defendant with the parties exchanging the child at the
Mechanicsburg Police Department until further order of Court.
By the Court,
er, J.
/
.
.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
patricia Lynn Morton,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:
.
.
:
v.
: NO. ~10 CIVIL 1994
:
Steven Christopher Morton,
Defendant
: CUSTODY
PETITION FOR SPECIAL RELIEF
The Petitioner by and through her attorney, Joan Carey,
Legal Services, Inc., represents the following:
1. The plaintiff, Patricia Lynn Morton, hereinafter
referred to as the mother, resides at 34 Pine Hill Avenue,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The defendant, Steven Christopher Morton, hereinafter
referred to as the father, resides at 1550 Williams Grove Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The parties are the parents of Christopher S. Morton.
4. On January ~u , 1994, a Complaint for Custody was
filed in the above-captioned matter by the mother. A
conciliation conference is not yet scheduled.
5. The mother has been the primary caretaker of the child
since his birth.
6. After the parties' separation, they agreed that the
child would primarily be with the mother and that the father
would have partial custody of the child at times agreed upon by
the parties.
7. On or about January 14, 1994, the father had the child
for a weekend visit pursuant to the parties' agreement, and
despite repeated requests by the mother to return the child, the
father did not return the child for eight days.
Respectfully submitted,
8. The mother believes that a regular custody schedule
pending a conciliation conference is in the child's best
interest.
WHEREFORE, the plaintiff requests that this court enter a
Temporary Order granting immediate primary custody of the child
to the plaintiff with partial custody to the defendant every
other weekend from Friday at 4:00 p.m. until Monday at 9:00 a.m.,
with the parties exchanging the child at the Mechanicsburg Police
Department, commencing on Friday, February 4, 1994, until further
Order of Court.
~;;;.~
Attorney for Plalntiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
, '
The above-named plaintiff, Patricia Lynn Morton, verifies
that the statements made in the above Complaint are true and
correct. The plaintiff understands that false statements herein
are made subject to the penalties of 18 Pa. C.S. 6 4904, relating
to unsworn falsification to authorities.
Date:
1. ri.6-ci:L
,Q..tifi:~~a 4. \f1] ~1
Patricia Lynn Mor on, Plaintiff
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PATRICIA MORTON
Plaintlff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. .3~O CIVIL 1994
vs.
STEVEN MORTON
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Patricia Morton, Plaintiff, to proceed in
forma D8uDeris.
I, Joan Carey, attorney for the party proceeding in forma
pauperis, certify that I believe the party is unable to pay the
costs and that I am providing free legal services to the party.
The party's affidavit showing inability to pay the costs of
litigation is attached hereto.
~~LW
Attorney for Plaintiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle PA 17013
(717) 243-9400
PATRICIA MORTON
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 3fJD CIVIL 1994
vs.
STEVEN MORTON
Defendant
.
.
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the plaintiff in the above matter and because of my
financial condition are unable to pay the fees and costs of
prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my
family and associates, to pay the costs of litigation.
3. I represent that the information below relating to my
ability to pay the fees and costs is true and correct.
(a) Name: patricia Morton
Address: 34 pine Hill Avenue
Mechanicsbura PA 17055
social Security Number: 216-60-8304
(b) If you are presently employed, state
Employer: N/A
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment: 12-17-93
Salary or wages per month: S1432.00 (aross\
Type of work: comDuter Droarammer
(c) other income within the past twelve months
Business or profession: N/A
other self-employment: N/A
Interest: N/A
Dividends: N/A
Pension and annuities: N/A
Social security benefits: N/A
support payments: N/A
Disability payments: N/A
Unemployment compensation and
supplemental benefits: N/A
Workman's compensation:
public Assistance:
N/A
N/A
N/A
other:
(d) Other contributions to household support
(Wife (Husband) Name:
N/A
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
N/A
(e) Property owned
Cash:
So
Checking Account:
$1.00
$40.00
Savings Account:
certificates of Deposit: N/A
Real Estate (including home): Trailer worth S2000.00
but defendant is livina there at the Dresent time.
Motor vehicle: Make Pontiac Grand Prix Year 1990
Cost $9500.00
Stocks; bonds: N/A
other: N/A
(f) Debts and obligations
Mortgage:
Amount owed S5000.00
N/A
Rent:
N/A
Loans: Car 10an S250.00: cersonal loan S157.00
Monthly Expenses: telechone S60.00: aroceries S200.00:
a8S $60.00: cable $17.00: car insurance S60.00:
kerosene S60.00: electricitv S60.00: babvsittina S90.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: christocher Morton
Age: 3 vears
other persons: N/A
Relationship:
4. I understand that I have a continuing obligation to
inform the court of improvement in my financial circumstances
which would permit me to pay the costs incurred herein.
5. 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. 4904, relating to unsworn falsification to authorities.
Date:---1- ~~j f7L I
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patricia Morton, Plain iff
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Patricia Lynn Morton,
Plaintiff
: IN TilE COURT OF COMMON PLEAS OF
.
.
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
v.
NO~3C CIVIL 1994
.
.
.
.
Steven Christopher Morton,
Defendant
: CUSTODY
ORDER OF COURT
AND NOW, -:r """"'lAr 'I ;)7
, 1994, upon consideration of
the attached complaint, it is hereby directed that the parties
and their respective counsel appear before ---1-1...... ht'rj. -/.., hI' Jro~1 E.5.~,
, the conciliator, at L.t-\h Y(OL.) (...,..lJ, ("{LJ..,.th(t~n the (!)..rt"t
_ day Of~, 1994, at q:3DI1..m., 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.
For the Court,
-;Z;~~J k ~J~ L-~
CustOdy Concilfator ~~~
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
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Patricia Lynn Morton,
PlainUrr
: I N THE COURT OF COMMON PLEAS OF
.
.
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
: CIVIL ACTION - LAW
.
.
v.
NO.
cnl L 1994
Steven Christopher Morton,
Derendant
CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Patricia Lynn Morton, residing at 34 Pine Hill
Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The defendant is Steven Christopher Morton, residing at 1550
Williams Grove Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The plaintiff seeks custody of the following child:
~ Present Residence
AM
Christopher S. Morton 34 Pine Hill Avenue
Mechanicsburg, PA
3 yrs. old
DOB 10/13/90
The child was not born out of wedlock.
The child is presently in the custody of the plaintiff whose permanent
residence is 34 Pine Hill Avenue, Mechanicsburg, Pennsylvania.
During the child's iifetime, the child has resided with the following
persons and at the following addresses:
tiY!l
Addresses
I&k!i
Plaintiff and
defendant
1550 Williams Grove Road
Lot 106
Mechanicsburg, PA
10/13/90 to
7/6/93
Plaintiff,
Sherry Bretzman and
Dotti Lentvarsky
(neighbors)
Plaintiff
7/6/93 to
9/7/93
Between
1550 Williams Grove Road
Lot 163
Mechanicsburg, PA
and
1550 Williams Grove Road
Lot 106
Mechanicsburg, PA
Plaintiff and
Margaret Malone
(plaintiff's lIother)
Plaintiff and
defendant
7 Woods Drive
Mechanicsburg, PA
9/7/93 to
10/93
1550 Willi~s Grove Road
Lot 106
Mechanicsburg, PA
10/93 to
12/93
Plaintiff and
Mark Jones
(plaintiff's
boyfriend)
34 Pine Hill Avenue
Mechanicsburg, PA
12/93 to
present
The mother of the child is the plaintiff, Patricia Lynn Morton,
currently residing at 34 Pine Hill Avenue, Mechanicsburg, Pennsylvania.
She is lIarried but separated froll her spouse.
The father of the child is the defendant, Steven Christopher
Morton,currently residing at 1550 Williams Grove Road, Lot 106, Mechanicsburg,
Pl!nnsylvania.
He is married but separated from his spouse.
4. The relationship of plaintiff to the child is that of .other.
The plaintiff currently resides with the following persons:
Name
RelationshiD
Christopher S. Morton
Mark Jones
Son
Boyfriend
5. The relationship of defendant to the child is that of father.
The defendant currently resides alone.
6. The plaintiff has participated as a party or witness, or in another
capacity, in other litigation concerning the custody of the child in the Court
of Common Pleas of Cumberland County, Civil Action - Law, No. 3901 Civil 1992,
Protection From Abuse and Custody. A Protective Order was entered but the
plaintiff did not pursue obtaining a custody order under that action.
7. The plaintiff has no information of a custody proceeding concerning
the child pending in a court of this Commonwealth.
B. The plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to have custody or
visitation rights with respect to the child.
9. The best interest and permanent welfare of the child will be served
by granting the relief requested because the plaintiff has been and wants to
continue to be the primary caretaker of the child.
10. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child have been
named as parties to this action.
WHEREFORE, the piaintiff requests this Court to grant primary physical
custody of the child to the plaintiff with partial custody in the defendant.
Respectfully submitted,
a~~
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Date:
,. .9,'S.q~~-
~\..l~U~L cK\{) )c 1Tfi\
Patricia Lynn Morton
The above-named plaintiff, Patricia Lynn Morton, verifies that the
statements made in the above Petition are true and correct. The plaintiff
understands that false statements herein are made sUbject to the penalties of
18 Pa. e.s. g 4904, relating to unsworn falsification to authorities.
Patricia Lynn Morton,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 330 CIVIL 1994
Steven Christopher Morton,
Defendant CUSTODY
~ CUSTODY ORDER
AND NOW, this ~ day of June, 1994,
upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' child, Christopher S.
Morton.
1. The plaintiff, hereinafter referred to as the mother,
will have primary physical custody of the child.
2. The defendant, hereinafter referred to as the father,
will have partial custody of the child, every other weekend from
Friday at 4:00 p.m. until Sunday at 6:00 p.m.
3. Whenever the father is exercising his partial custody
rights, the parties will exchange the child at the Mechanicsburg
Police Station.
4. The father will have the child on Christmas Eve at noon
until 11:00 p.m.
5. The parties will alternate the following holidays at
times mutually agreed upon by the parties: the Fourth of JUly,
Labor Day, Thanksgiving, Easter, and Memorial Day.
6. The father will have the right to partial custody of the
child for one week of each summer. The father will give the
mother two weeks notice as to when his period of summer custody
will take place. The mother also has the right to take the child
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on a summer vacation including a maximum of two weekends.
7. The father will have liberal rights to partial custody
during the week at times mutually agreed upon by the parties.
The father will give a 24-hour notice to the mother if he wants
to exercise his rights to partial custody during the week or the
mother will give a 24-hour notice to the father if she wants the
father to provide child care during the week.
8. The mother and father, by mutual agreement, may vary
from this schedule at any time.
9. Each parent will notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
10. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the
child as to the other parent or which may hamper the free
and natural development of the child's love or respect for the
other parent.
By the Court,
G
~G, H~ ZS 9
Ii liOr
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 330 CIVIL 1994
CUSTODY
Patricia Lynn Morton,
Plaintiff
Steven Christopher Morton,
Defendant
CONSENT AGREEMENT .
~
This Agreement is entered on this 17 day of June, 1994,
by the plaintiff, Patricia Lynn Morton, and the defendant, Steven
Christopher Morton. The plaintiff is represented by Joan Carey,
of Legal Services, Inc.; the defendant is unrepresented but is
aware of his right to have an attorney.
The defendant and the plaintiff agree to the entry of the
following Custody Order regarding their child, Christopher S.
Morton:
1. The plaintiff, hereinafter referred to as the mother,
will have primary physical custody of the child.
2. The defendant, hereinafter referred to as the father,
will have partial custody of the child, every other weekend from
Friday at 4:00 p.m. until Sunday at 6:00 p.m.
3. Whenever the father is exercising his partial custody
rights, the parties will exchange the child at the Mechanicsburg
Police Station.
4. The father will have the child on Christmas Eve at noon
until 11:00 p.m.
5. The parties will alternate the following holidays at
times mutually agreed upon by the parties: the Fourth of July,
Labor Day, Thanksgiving, Easter, and Memorial Day.
6. The father will have the right to partial custody of the
child for one weeks of each summer. The father will give the
mother two weeks notice as to when his period of summer custody
will take place. The mother also has the right to take the child
on a summer vacation including a maximum of two weekends.
7. The father will have liberal rights to partial custody
during the week at times mutually agreed upon by the parties.
The father will give a 24-hour notice to the mother if he wants
to exercise his rights to partial custody during the week or the
mother will give a 24-hour notice to the father if she wants the
father to provide child care during the week.
8. The mother and father, by mutual agreement, may vary
from this schedule at any time.
9. Each parent will notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
10. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the
child as to the other parent or which may hamper the free
and natural development of the child's love or respect for the
other parent.
WHEREFORE, the parties request that an Order of Court be
entered to reflect the above terms.
~.w.~ nn~~
Patricia Lynn ~orton
Plaintiff
!1h ~ vi. &Ch.
Steven Christopher Morton
Defendant
k:,J(~AC-LI/
'. n Carey d
Attorney for Plalntiff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
PATRICIA LYNN MOR'l'ON,
plaintif:f
v
JUN 131994 J;v
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. 330 - CIVIL - 1994
:
:
:CIVIL ACTION - CUS'l'ODY
STEVEN CHRIS'l'OPHER MOR'l'ON,
Derendant
AND NOW, this
being advised
agreement, the
COURT ORDBR
-h
'i day or ~.......c: , 1994, the
that the parnes in this case have
Conciliator relinquishes jurisdiction.
Conciliator
reached an
06
\Cl
Hubert X. Gilroy, Esqu
Custody Conciliator
(l {lo ('1'(11
re/IJ!II
<,.
PATRICIA JONES
PLAINTIFF
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
94.330
CIVIl. ACTION I.AW
STEVEN CHRISTOPHER MORTON
DEFENDANT
IN CUSTODY
ORIlF.R OF CO! fin
AND NOW, Friday, June 13, 2003 , upon considcration of thc allachcd Complaint,
it is hereby directed that parties and their respective counscl (lppear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courlhouse, Carlisle on Friday, AUllust 01, 2003 at 9:30 AM
for a Pre-Hearing Custody Conlcrence. At such eonferenec. an eflilrt will be made to resolve thc 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 aAe five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporJry or permanent order.
The court hereby directs the parties to furnish an~' and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 honrs prior to schednled hearln2.
FOR THE COURT.
By: I"
Hilbert X. GilrQ)'. Esq.
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 inlhrrnation about accessible facilities and reasonable
accommodations available to disabled individuals having business belore 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
allend the scheduled conference or hearing.
YOU SHOULD TAKE TillS PAPER TO YOUR ATroRNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TIlE OFFICE SET
FORTH BELOW TO FIND OUTWHERE YOU CAN GET LEGAL lIEU'.
Cumberland County Bar Association
32 South Bedford Street
Carlisle. Pennsylvania 17013
Telephone (717) 249-3166
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PATRICIA JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 330 CIVIL 1994
VI.
STEVEN CHRISTOPHER MORTON,
Defendant
: CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this day of , 2003, upon coasidcration of the
attached Petition, it is hereby directed that the parties and their respective counsel appear before
Esquire, Custody Conciliator, at
on the day of
, 2003, at o'clock _.m., for a Prehearing 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.
FOR THE COURT,
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
2 LIBERTY A VENUE
CARLlSLE,pA 17013
(800) 990-9108
cc: Lisa Marie Coyne, Esq.
Allorney For Defendant
Patricia Jones, Plaintiff
V5.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 330 CIVIL 1994
PATRICIA JONES,
Plaintiff
STEVEN CHRISTOPHER MORTON,
Defendant
: CIVIL ACTION - CUSTODY
DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW COMES, the Defendant, Steven Christopher Morton, by and through his attorney,
Lisa Marie Coyne, Esquire, Coyne & Coyne, P.C., and avers thc following in support of this complaint of
custody:
I. Plaintiff, is Patricia Jones, formerly Patricia Lynn Morton, an adult individual, whose
current address is 34 Pine Hill Avenue, Mechanicsburg, Silver Spring Township, Cumberland County,
Pennsylvania.
2. Defendant, is Steven Christopher Morton, an adult individual, now residing at 1550
Williams Grove Road, Lot 106, Meehaniesburg, Monroe Township, Cumberland County, Pennsylvania.
3. The parties arc the parents of Christopher S. Morton, born October \3,1990.
4. The parties were divorced in May 1994.
5. The parties entered into a custody stipulation and agreement, dated June 8, 1994 which
was reduced to an Order of Court also dated June 8, 1994. Defendant was unrepresented by counsel at
the time the Agrcement was entcred. A copy of the stipulation and Order is attached as Exhibit "An.
6. The custody order provides that Plaintiff was to have primary physical custody of
Christopher with Defendant having periods of partial custody.
7. On April IS, 2003, Plaintiff contaetcd Defendant and directed that Defendant take
immediate physical custody of Christopher because there was a physical confrontation by the Plaintiff
upon the child.
8. On April IS, 2003, Defendant retrieved Christopher from Plaintirrs residence and
Christopher has been residing with Defendant since that time.
9. Christopher is in extreme fear of physical abuse by the Plaintiff and Christopher has
stated that if he is removed from Defendant's custody and returned to the Plaintirrs custody, he would
run away.
10. The parties attempted to re-initiate contact between Plaintiff and Christopher; however,
Christopher remains extremely fearful of the Plaintiff.
II. Defendant is seeking counseling for Christopher.
12. On or about June 5, 2003, Defendant received notice from Plaintirrs counsel demanding
that Christopher be returned to Plaintirrs custody by June II, 2003 otherwise she will seek to obtain
physical custody of the child through the use of the Silver Spring Township Police. A copy of counsel's
letter is attached as Exhibit "B".
I 3. Christopher is presently in the custody ofthe Defendant.
14. Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth or any other state.
IS. Plaintiff docs not know of a person not a party to the proceedings who has physical
custody ofthe children or claims to have custody or visitation rights with respect to the children.
16. The best interest and permanent welfare of the child will be served by brranting
modification of the existing custody order whereby Defendant to have primary physical custody of
17. Each parent whose parental rights to the children has not been terminated and the person
Christopher with the parties maintaining shared Icgal custody of Christophcr and to further ordcr Plaintiff
to seek appropriate counseling in order to resolve and overcome Christopher's fear of Plaintiff.
who has physical custody of the children have been named as parties to this action. All other pcrsons,
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: None.
WHEREFORE, Defendant requests this Hoaorable Court to Modify the Custody Order, dated
June 4, 1994 and award Defendant primary physical custody of Christopher S. Morton.
Rcspeetfully submilled,
COYNE & COYNE, P.C.
r
\J1~
Dated: &..-" - \..1"3
Dated:
~-lkO)
_f:YC- c.~
VERrnCATlON
The facls set for1h in the foregoing are true and correct to the best of the undersigned's
knowledge, information and belief and are verified subject to the penalties for unsworn
falsification to authorities under 18 Pa. C.S.A. 64904.
IN THE COURT OF
PLEAS OF
~
..
CUMBERLAND COUNTY, PENNSYLVANIA
~t ACTION - LAW
*j~
NO. 330 CIVIL 1994
vs,
Steven Christopher Morton,
Defendant
:', ..
: '. CUSTODY
CUSTODY ORDER
AND NOW, this g~ day of June, 1994, upon consideration
of the parties' Consent Agreement, the fb110wing Order is entered
,.. ...
with regard to custody oft~., partie~jChild, Christopher S.
Morton. ~.
1. The plaintiff, hereinafter referred to as the mother,
will have primary physical custody of the child.
2. The defendant, hereinafter referred to as the father,
will have partial custody of the child, every other weekend from
Friday at 4:00 p,m. until Sunday at 6:00 p.m.
3. Whenever the father is exercising his partial custody
rights, the parties will exchange the child at the Mechanicsburg
Police Station.
4. The father will have the child on Christmas Eve at noon
until 11 :00 p.m.
5. The parties will alternate the following hOlidays at
times mutually agreed upon by the parties: the Fourth of July,
Labor Day, Thanksgiving, Easter, and Memorial Day.
6. The father will have the right to partial custody of the
child for one week of each summer. The father will give the
mother two weeks notice as to when his period of summer custody
will take place. The mother also has the right to take the child
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on a summer vacation including a maximum of two weekends.
7. The father will have liberal rights to partial custody
during the week at times mutually agreed upon by the parties,
The father will give a 24-hour notice to the mother if he wants
to exercise his rights to partial custody during the week or the
mother will give a 24-hour notice to the father if she wants the
father to provide child care during the week.
e. The mother and father, by mutual agreement, may vary
from this schedule at any time.
9. Each parent will notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
10, Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the
child as to the other parent or which may hamper the free
and natural development of the child's love or respect for the
other parent.
By the Court,
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Patricia Lynn Morton,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
vs.
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO, 330 CIVIL 1994
CUSTODY
Steven Christopher Morton,
Defendant
CONSENT
AGREEMENT .
7~
day of June, 1994,
This Agreement is entered on this
.
by the plaintiff, Patricia Lynn Morton, and the defendant, Steven
Christopher Morton. The plaintiff is represented by Joan Carey,
of Legal Services, Inc.; the defendant is unrepresented but is
aware of his right to have an attorney.
The defendant and the plaintiff agree to the entry of the
fOllowing Custody Order regarding their child. Christopher S.
Morton:
1. The plaintiff, hereinafter referred to as the mother,
will have primary physical custody of the child.
2. The defendant, hereinafter referred to as the father,
will have partial custody of the child, every other weekend from
Friday at 4:00 p.m. until Sunday at 6:00 p.m.
3. Whenever the father is exercising his partial custody
rights, the parties will exchange the child at the Mechanicsburg
Police Station.
4. The father will have the child on Christmas Eve at noon
until 11:00 p,m.
5. The parties will alternate the following hOlidays at
times mutually agreed Upon by the parties: the Fourth of JUly.
Labor Day, Thanksgiving, Easter, and Memorial Day.
6. The father will have the right to partial custody of the
child for one weeks of each summer. The father will give the
Patricia Lynn
Pl a i nt iff
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Steven Christopher Morton
Defendant
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mother two weeks notice as to when his period of summer custody
will take place, The mother also has the right to take the child
on a summer vacation including a maximum of two weekends.
7. The father will have liberal rights to partial custody
during the week at times mutually agreed upon by the parties.
The father will give a 24-hour notice to the mother if he wants
to exercise his rights to partial custody during the week or the
mother will give a 24-hour notice to the father if she wants the
father to provide child care during the week.
8. The mother and father, by mutual agreement, may vary
from this schedule at any time.
9. Each parent will notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
10. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the
child as to the other parent or which may hamper the free
and natural development of the child's love or respect for the
other parent.
WHEREFORE, the parties request that an Order of Court be
entered to reflect the above terms.
Wa:-w
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'. Ian Carey
Attorney for Plalntiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
llNUS E. FENIClE
DEBRA DENISON CANTOR
THOMAS O. WilliAMS
SUSAN H. CONFAIR
JOANNE HARRISON CLOUGH
SUSAN J. SMfTH
DOUGLAS P. lEHMAN
. Certlfl8d Civil Tnal Specialist
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP Hill. PENNSYLVANIA 170114642
717-763.1383
TElEFAX 717-730.7366
WEBSITE: Re.gerAdlerPC.com
WtUer'1 E-Mail Address:ddenisonCepix.nel
June 4, 2003
Steven C. Morton
1550 Williams Grove Road
Lot # 106
Mechanicsburg, P A 17055
RE: Christopher Morton
Dear Mr. Morton,
This firm has been retained by Patricia Jones in regard to the custody of your son, Christopher S.
Morton. I have been retained regarding the enforcement of the Court Order dated June 8, 1994. It is my
understanding that Pattie hus tried to resolve this custody matter issue with you in a cooperative manner.
However, your behavior hus made it clear that you have no intention in working cooperatively with her,
and you are currently using this opportunity with your son to engage in parent alienation.
Therefore, I am informing you that if you do not return Christopher to the custody of his mother
by June 11,2003, we will seek enforcement of the Order by the Silver Spring Township Police. In
addition, we will Petition to Court to reduce your custodial time bused on your deliberate violation of
this Order.
Your immediate attention is expected.
Verytru
DDC/drb
cc: Patricia Jones
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Dated: ( ,1..'-;
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)Jsa Marie Coyn
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CERTIFICATE OF SERVICE
I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hcreby certify that true copy ofthe
foregoing Pelition for Custody Modification was served this date upon the below-referenecd
individuals nlthe below listed address by way of first class mail, postage pre-paid:
Patricia Jones
34 Pine Hill Avcnuc
Mechanicsburg, PA 17050
Debra Denison Cantor
Reager & Adler, P.C.
2331 Market Streel
CampHiII,PA 17011-4642
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I'ATRICIA ,lONES,
I'hdntlff
IN TilE couln OF COMMON I'LEAS OF
CUMIJERLANJ) COUNTY, I'ENNSYL VANIA
v
CIVIL ACTION - LAW
STEVEN CIIRISTOI'IIER MOInON,
J)efemlunt
NO. 1994-3311 CIVIL
IN CUSTOJ)Y
COURT ORDER
AND NOW, this S' ~ day or August, 2003, upon consideration or thc attachcd Custody
Conciliation Rcport, It Is ordcrcd and dlrectcd that this court's prior ordcr or Junc 8, 1994 Is
vacated and rcplaccd wllh thc rollowlng tcmporat")' ordcr:
I. Thc Mothcr, Patricia Jones, and thc Fathcr, Stcvcn Chrlstophcr Morton,
shall enJo~' shared legal custod~' of Christopher S. Morton, born Octobcr 13,
1990.
2. Thc Fathcr shall enjoy primary physical cu.~tod~' of the minor child.
3, Thc Mother shall cnJo~' pcrlods or temporary custody or thc minor child as
follows:
A. E\'ery Saturda~' from 9:00 a.m. until 6:00 p.m.
B. At such othcr times as agreed upon b~' the parties.
4, Thc Saturda~' ovcr thc Labor Da~' weekend is a weekcnd whcrc Fathcr Is
taking a trip with the minor child. On that weekend, Mother shall not havc a
Saturday visitation. However, Fathcr shall work with Mother to give Mother
a replaccment da~' during the rcmalnder of the summcr.
5. The parties shall meet wllh thc conciliator for another custod~' conciliation
conferencc on Thursda~', September 25,2003 at 8:30 a.m.
6. The parties shall between themselves and their attorne~'s promptly cngagc a
professional counselor who will address the minor child's problems relativc to
visiting with his Mother, 1J0th thc Mother and Father shall bc in\'Olvcd In thc
counscllng sessions. Costs or these sessions, arIcr appllcablc Insurancc crcdlts,
shall be sharcd equally between Mother and Father.
7. In the event Mother retains legal counsel and the attorneys for either party
desire to address this case prior to the second custody conciliation conference,
legal counsel for the parties may contact the conciliator directly to schedule a
telephone conference with the conciliator.
J,
~ M. Coyne, Esquire
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George E, Hoffer
~trlcla Jones
34 Pine Hili Avenue
Mechanlcsburg, PA 17055
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I'ATRICIA ,lONES,
l'llllntlff
IN TilE COURT Of' COMMON I'LEAS OF
ClIMIIERLANJ) COllNTY,l'ENNSYLV ANIA
\'
CIVIL ACTION. LAW
STEVEN CHRISTOI'IIER MOInON,
J)efendllnl
NO. 1994 - 330 CIVIL
IN ClISTOJ)Y
Prior Judge: George E. Hoffer
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMIIERLAND COUNTY CIVIL RULE OF
PROCEDURE 19I5.3-8(b), Ihe undersigned CtlStody Conciliator submits the following
report:
I. The pertlnenl Infomllllion pertaining to the child who Is the subject of this litigation
Is as follows:
Christopher S. Morton, born October 13, 1990.
2. A Conciliation Conference was held on August I, 2003, with the following Individuals
In attendance:
The Father, Steven Christopher Jones, with his counsel, Lisa M. Coyne, Esquire;
and the Mother, Patricia Jones, who appeared withoul counsel.
3. This Is a difficult case where the child is tweh'e years old and suggesting he does not
want to spend time with his Mother. The parties need to get joint
counseling/evaluation completed in an expeditious fashion In order to address these
Issues. In the meantime, the conciliator recommends the entry of an order in the
fonn as attached which will confinn the stattlS quo kecping the child with the Father
subject, however, to the child enjoying specific time with the Mother and also
providing that the parties are compelled to promplly Inltiale counseling.
2(;/ ()}
DATE
Hubert X. Gilroy, Es
Custody Conciliator
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o~ 2003
PATRICIA L.JONES,
Plaintiff
IN THE COURT OF COMMON I'LEAS OF
CUMBERLANI) COUNTY, I'ENNSYLV ANIA
CIVIL ACTION . LAW
v
STEVEN C. MORTON,
Defendant
NO. 1994-0330 CIVIL
IN CUSTOI)Y
. COURT ORDER
AND NOW, this ~ day of October, 2003, the parties having advised the
conciliator that a stipulation will be flied with the court and that there Is no need for the
custody conciliation conference scheduled for October 2, 2003, the conciliator relinquishes
jurisdiction.
BY THE COURT,
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PATRICIA LYNN JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VI.
: NO, 330 CIVIL 1994
STEVEN CHRISTOPHER MORTON,
Defendant
: CIVIL ACTION. CUSTODY
ORDER OF COURT
AND NOW, this
~~ day of b~
, 2003, upon consideration of the
allached Custody Stipulation and Agreement, dated October 1,2003, entered by the parties, it is hereby
Ordered and Directed that the prior Order of August 5, 2003 is vacated. It is further Ordered and
Directed that custody of their minor child shall be as follows:
I. The Parties shall enjoy shared legal custody of their minor child, Christopher S. Morton,
born October 13,1990.
2 The Defendant Father shall have primary physical custody of the minor child.
3. The Plaintiff Mother will have temporary custody of the minor child as follows:
a. Alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m.
b. Christmas Evc from I I :00 p.m. until Christmas Day at 5:00 p.m.
c. Altemating holidays at times mutually ab'l"eed upon by the parties, and if times
cannot be mutually agreed upon, then from Noon to 6:00 p.m. The altcrnating holidays arc defined as the
Fourth of July, Labor Day, Thanksgiving, Easter, and Memorial Day. Thanksgiving 2003 shall be
Defendant's Holiday.
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d. Onc wcek each summer. Plaintiff Mother shall annually designate thc summer
vacation week no later than April ISIh and the designated weck shall not interfere with Defendant's
Holidays.
e. At such othcr times as mutually agreed upon by the partics.
4. Each parent will notify the other immediately of medical cmergencies, which arise whilc
the child is in that parent's care.
S. Neither party shall do anything, which may cstrange the child from thc other parent, or
injure the opinion of the child as to the other parent of which may hamper the free and natural
development of the child's love or respect for the other parcnt.
BY
Cf:
""'rs. Patricia Jones, Pro Se
v6sa Marie Coyne, Esq.
Allomey for Defendant
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,.Atubert X. Gilroy, Esq.
Custody Conciliator
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PATRICIA LYNN JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VI.
: NO. 330 CIVIL 1994
STEVEN CHRISTOPHER MORTON,
Defendant
: CIVIL ACTION. CUSTODY
STIPULATION AND AGREEMENT FOR
MODIFICATION OF CUSTODY ORDER
This Agreemcnt is entered this
r
I ~ day of OC III 1,...--
, 2003, by the Plaintiff,
Patricia Lynn Jones and the Defendant, Steven Christopher Morton so as to Modify the Custody Order,
dated August 5, 2003 entered as a result of a Custody Conciliation held that day with Conciliator Hubert
X. Gilroy. The Plaintiff is unrepresented but is aware of her right to have an aUorney; the Defendant is
rcpresented by Auorney Lisa Marie Coyne.
The Parties agree to the entry of the following Custody Order:
I. The Parties shall enjoy shared legal custody of Christopher S. Morton, born October 13,
1990.
2. The Defendant Father shall enjoy primary physical custody of the minor child.
3. The Plaintiff Mother will have temporary custody of the minor child as follows:
a. Alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m.
b. Christmas Eve from 11 :00 p.m. until Christmas Day at 5:00 p.m.
c. Alternating holidays at times mutually agreed upon by the parties, and if times
cannot be mutually agreed upon, then from Noon to 6:00 p.m. The alternating
.-
holidays arc defined as the Fourth of July, Labor Day, Thanksgiving, Easter, and
Memorial Day. Thanksgiving 2003 shall be Defendant's Holiday.
d. One week each summer. Plaintiff Mother shall annually designate the summer
vacation week no later than April I Sib and the designated week shall not interfere
with Defendant's Holidays.
e. At such other times as mutually agreed upon by the parties.
4. Each parent will notify the other immediately of medical emergencies, which arise while
the child is in that parent's care.
S. Neither party shall do anything, which may estrangc the child from the other parent, or
injure the opinion of the child as to the other parent of which may hamper the free and natural
development of the child's love or respect for the other parent.
6. The Custody Conciliation Session scheduled for October 2, 2003 bc cancelled.
WHEREFORE, the parties request that an Order of Court be cntered to reflect the above terms,
which modify the Order of Court, dated August S, 2003.
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Patricia Lynn M
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Steven Christopher Morton, Defendant
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