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HomeMy WebLinkAbout02-5606JASON P. STERLING, Plaintiff VS. DONALD E. MURLATT, SR., JOY A. SHULER, and BRIAN W. BATCHELDER, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02 - .._C'~,O(~ CIVIL TERM : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jason P. Sterling, residing at 439 Market Street, New Cumberland, Cumberland County, Pennsylvania. 2. The defendants are Donald E. Murlatt, Sr. and Joy A. Shuler, residing at 2 Chestnut Circle, Camp Hill, Cumberland County, Pennsylvania and Brian W. Batchelder, residing at 519 Shed Road, Newville, Cumberland County, Pennsylvania. 3. The plaintiff seeks custody of the following child: Name Present Residence Age Christopher Murlatt 519 Shed Road Newville, PA 05/18/95 The child was born out of wedlock. The child is presently in the custody of the deceased mother's boyfriend, defendant Brian W. Batchelder, who resides at 519 Shed Road, Newville, PA. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Ad&ess Date Brian W. Batchelder Brandy Stets Kyle Batchelder (half-sibling) Dillon Batchelder (half-sibling) 519 Shed Road Newville, PA July 02 - present Shannon L. Murlatt Brian W. Batchelder Kyle Batchelder (half-sibling) Dillon Batchelder (half-sibling) 519 Shed Road Newville, PA June 01 -July 02 Shannon L. Murlatt Brian W. Batchelder Kyle Batchelder (half-sibling) Dillon Batchelder (half-sibling) Plainfield, PA 1999 - June 01 Shannon L. Murlatt Brian W. Batchelder Kyle Batchelder (half-sibling) Dillon Batchelder (half-sibling) 4 Sportsman Road Enola, PA 1998 - 1999 The mother of the child is Shannon L. Murlatt, deceased. The father of the child is Jason P. Sterling, currently residing at 439 Market Street, New Cumberland, Cumberland County, Pennsylvania. He is single. 4. The relationship ofplaintiffto the child is that of father. The plaintiff currently resides alone. 5. The relationship of defendants, Donald E. Murlatt and Joy A. Shuler to the child is that of maternal grandparents. 6. The relationship of defendant, Brian W. Batchelder is that of deceased mother,s boyfriend and the father of their two children, Kyle Batchelder and Dillon Batchelder. The defendants Donald E. Murlatt and Joy A. Shuler currently reside alone. The defendant Brian W. Batchelder currently resides with the following persons: Name Relationship Brandy Stets girlfriend Kyle Batchelder son Dillon Batchelder son 7. The plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 8. The plaintiffhas no information of a custody proceeding concerning the child pending in a court of this Commonwealth. There was custody litigation between mother and maternal grandparents whereby maternal grandparents had primary custody pursuant to a court order. See attached exhibit A incorporated herein by reference. 9. The defendant, Brian W. Batchelder, has physical custody of the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) The child's mother died in July 2002 and the father, who had a close relationship with his son, wants to provide for his son's emotional, physical, educational, and medical needs including a stable home environment. b) The father, who has resided in New York, has maintained a relationship with his son since he became aware in October 1998 that he was the biological father. c) Pursuant to an oral agreement between the natural parents, the father has had periods of custody of his son two weeks during the summer, on Christmas and other holidays, and at other mutually agreed upon time. The father has also maintained contact with his son through weekly telephone calls. The son refers to his father as "Daddy" and has a close relationship with his father and with his older half-sibling, Jacob Lutz, plaintiff's son. d) The father did not know of his paternity and was not included in the decision to give the maternal grandparents custody of his son on August 8, 1996, pursuant to this Court's Order No. 96-4349, attached as Exhibit A and incorporated herein by reference. Furthermore, the maternal grandparents returned custody to the mother one month after the 1996 Order was entered, and since the time the father learned of his paternity, the father had been in communication with the mother, not the maternal grandparents, as to matters regarding his son. See attached Exhibit B, a New York Order establishing paternity and support, incorporated herein by reference. e) Although the father is now living and working in Pennsylvania temporarily so he could be near his son, he would like to return with his son to New York after the school year ends because his entire family lives in New York, he has lived in New York all his life except for two years, and he has established a home and employment in New York. f) The child's grandparents have not acted in the best interest of the child in ways including but not limited to the following: i) The maternal grandparents did not notify the father of their daughter's death in July 2002 until August 2002, resulting in the child being cut off from both parents. ii) The father has not seen his son since June 2002 when he returned his son back to the mother in Pennsylvania, after having his son with him in New York for two weeks. The father's last contact with his son was on November 8, 2002, by telephone when his son asked when "dad" would pick him up. iii) Since the father's return to Pennsylvania in August 2002, the grandparents have refused to let the father see or talk to his son, and the grandfather told the father that if he wanted to see his son, he would have to go to court and see him them. They further put barriers between the father and his son by saying that the father would have to track them down. The grandparents have family living in North Carolina. Furthermore, the grandparents have been pressuring the deceased mother's boyfriend not to let the son see his father. iv) The father has called the grandparents several times to ask to see his son but they do not return his calls. v) Before their daughter's death, the grandparents had not asserted any custodial rights to the child since approximately one month after the child's birth when the mother moved from her parents' residence with the child and was his primary caretaker until her death in July 2002. vi) Since their daughter's death, the grandparents have not asserted any custodial rights until the father expressed a desire to have custody of his son, an arrangement he and the mother discussed prior to her death. 11. The father requests that the court order the following: a. Grant him primary physical and legal custody of his son. b. Grant him permission to relocate with his son to New York after this school year ends in June 2002. 12. Each parent whose parental fights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant him primary physical and legal custody of his son and permission to relocate with his son to New York on June 2002. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Jason P. Sterling, verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. c.s. §4904, relating to unsworn falsification to authorities. Date: Donald E. Murlatt, Sr. and Joy A. Shuler Plaintiffs Shannon L. Murlatt, Defendent In the Court of Common Pleas of Cumberland County, Pennsylvania ~o. 9&- H3x/? Civil Custody And Now, this ~ of ~ ~996, upon consideration of the foregoing complaint and the attached consent, primary physical and legal custody of Christopher J. Murlatt is vested in the grandparents, Donald E. Murlatt, Sr. and Joy A. Shuler. Shannon L. Murlatt shall be entitled to partial custody as the parties shall agree. TRUE COPY FROM RECORD In Testimony whereof, I here unto set my haad and the Seal of saki Court at Carli~, Pa. .. /,-~: . Pmthonotal~¢ ' Donald E. Murlatt, Sr. and Joy A. Shuler Plaintiffs Shannon L. Murlatt, Defendent In the Court of Common Pleas of Cumberland County, Pennsylvania Custody COMPLd%INT FOR CUSTODY 1. The plaintiffs are Donald E. Murlatt, Sr. and Joy A. Shuler residing at 2 Chestnut Circle, Camp Hill (Hampden Township), Cumberland County, Pennsylvania. 2. The defendent is Shannon L. Murlatt residing at Stough,s Trailer Court, Hampden Towllship, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Christopher J. Murlatt 2 Chestnut Circle Camp Hill, PA 14 months The child was born out of wedlock. The child is presently in the custody of Donald E. Murlatt, Sr. and Joy A. Shuler. Since birth the child has resided with the following persons and at the following address: Donald E. Murlatt, Sr. 2 Chestnut Circle, Camp Hill (Hampden Township) Cumberland County, Pennsylvania Joy A. Shuler 2 Chestnut Circle, Camp Hill (Hampden Township) Cumberland County, Pennsylvania Randy K. Harrison 2 Chestnut Circle, Camp Hill (Hampden Township) Cumberland County, Pennsylvania The mother of the child is Shannon L. Murlatt, currently residing at Stough's Trailer COurt, Hampden Township, Cumberland County, Pennsylvania She is single. The father of the child is Jason Sterling, whereabouts unknown. 4. The relationship of plaintiffs to the child is that of grandparents. The plaintiffs currently reside with the following persons: Christopher J. Murlatt, the child Randy K. Harrison, son of Joy A. Shuler 5. The relationship of defendent to the child is that of mother. defendent currently resides with the following persons: Klm Shaw, Rodney Shaw, Juanita Shaw, and Amanda Shaw The 6. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiffs do 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. 7. The best interest and permanent welfare of the child will be served by grantin~ the relief requested because the defendent abandoned the child leaving the child with the ~randparents who need a court order esta~lishin~ their custodial rights to the child in order to act on behalf of the child, care for the daily needs of the child and receive medical and other benefits which may be available to the plaintiffs acting on behalf of the child. 8. The mother's rights to the child have not been terminated and the persons who have physical custody of the child 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 child will be given notice of the pendency of this action and the right to intervene: None The whereabouts of the father is unknown. He has never had any contact with the child. WHEREFORE, plaintiffs request the court to grant custody of the child. /D~o~ ld E. Mur~tt, Sr. ' I verify the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. /~D~nald E. Murl~t, Sr. Joy A. Shuler CONSENT I, Shannon L. Murlatt, the defendent in the foregoing complaint, consent to the request of the plaintiffs that primary physical and legal custody of Christopher j. Murlatt be vested in them and that the court enter an order vesting primary physical and legal custody of Christopher j. Murlatt in his grandparents, Donald E. Murlatt, Sr. and Joy A. Shuler. 7 Date Shannon L. Murlatt ' ~' At a term of the Family Court of the State of New York, held in "' ' ' and for the County of Oneida at ' ' :: ' ' Rome/:N'e~v York on~ ~ ' ; Hearing Examiner "" ' - ' - '.' ' In the Matter of a Paternity Proceeding Ufldei- Artict~ 5-B of,the'Family'Coui't Act ,' '~ ' : ~" ":~~o~o~. ~ .~ /qO~/,! SHANNON L.' SSN: 164-64.4783 '" . . ADDRESS: 4' SPORTSMAN' RD ' ENOLA PA 17025-1030-04 ' ' Petitionei', ": " DOCKET NO. U~0298[R) -against- JASON P. STERLING, SSN: 092-60-0266 ADDRESS: 3'11 NORTH DOXTATOR #5 ROME NY134/S0 ":: '" ' ' :" Resp6ndent.' ' ORDER OF FILIATION · .. AND TEMPORARY sOPpORT' YOUP~:WILLFUL FAILURE.TOI OBE~r THis ORDER :mAY, AFTER' COURT I~EARING, RESULT IN YOUR 'COMMITMENT TO JAIL FOR A TERM NOT TO EXCEED SIX MOlqrrHs.i FOR coNTEMPT OF COURT.' SPECIFIC WRITTEN OBJECTIONS. TO THIS'0RDEWM~.¥ BE FILED WITH'THins COURT W1THIN:.THIRTY' DAYS'AFTER PERSONAE SERVICE' OF THIS ORDER UPON YOU, OR WiTiZIIN THIRTY-FIVE DAYS OF THE DATE OF MAILING, IF THIS ORDER IS SERVED BY MAIL. The above-named Petitioner having filed a petition, sworn to on MARCH 9, 1998, alleging that Respon~tent! [S the fathei- ?f ~a MALE: ~hild-named. CHRISTOPHER ~.O.,~E,P,H MURRAY, born: o.Ut' 0~ wedlock~f6 SHANIqON l~.' MIJRLATT 'on MAY 18}: 1995 (and that said mother and/or child iS or IS hkely to become a public charge); and Said:Respondent~h~ving.aPpea~:e'd b~fore a'Hearin~ E~amin6r ofihis C6urt'(With/~;ith6fit':C~un~l) ~o show cause why a declaration 6f paternity, order of support and other relief prayed for by the petition should not be rn~le; and: th~ said Respondent having ADMITTED the allegations of the petition after blood tests having been completed and trial waived; and The matter having duly come on to be heard before this Court; NOW, after exanlination and inquiry int° the facts and circumstances Of the Case and after admission by the Respondent, it is ADJUDGED ~AND .DECLARED'that' the above-named'Respondent is the father of the Child CHRISTOPHER JOSEPH MURLATT- SSIq: 174-76-5408; ' ~ NOW, therefore, it is ORDERED that the above-named Respondem, upon notice of this order, pay or cause to be paid by certified check and 'money order to the Oneida County Support Collection Unit, PO Box 15330, Albany, NY 12212-5330, the sum of $25.00 PER MONTH'commen¢ing NOVEMBER 23, 1998, for and toward the support and education of the child 'until the child reaches the age of:twenty-one years; IMPORTANT: Failure to send payments to the correct address in a timely manner or failure to properly identify [Name, SSN, Account #] may cause delays, late payments, and possible enforcement actions (e.g. court appearances);; and it is further ORDERED that pursuant to Section 5242 of the CPLR good Cause has been shown why an Income Execution for administrative add-ons for support enforcement under Section 5241 would be unjust. Said good cause :i~ based on the fact that any additional add on would force the Respondent below the poverty level as established by New York State Department of Social Services Office of Child Support; and it is further ORDERED that this matter is adjourned to December 2, i998'af 2:00 p.m., fo~ disposition and permanent order; and it is further ORDERED that Respondent provide Respondent's changes of address at all times should he move from the address last known to the Courf by reporting such change' i0 thi~ SuppOrt. Cbilecfion Unit at 800 Park Avenue, Utica, NY 13501, and the Respondent shall further provide Respondent's employer's name and address and future changes in employment status affecting compensation received including rate of compensation or 16ss of emPloyment to the support Collection Unit; RESPONDENT IS TO PROVIDE ALL THE ABOVE INFORMATIONi WITHIN A FIVE-DAY (5) WRITTEN NOTICE, TO THE ONEIDA COUNTY SUPPORT COLLECTION UNIT at 800 Park Avenue. Utica. NY 13501; a~n? it is further ORDERED that service of a copy of this order, by mail, upon the Petitioner, Respondent, Respondent's Attorney,~ the Oneida· County Support Collection Unit and the County Attorney, shall be deemed sufficient ~ervic6;:and it i~further '" ' ORDERED that a copy of this order be provided by SuOpor~ Collb-~tion Unit promptly to the New York State case registry of child support orders established pursuant t~ section 1 ! 1-b(4-a) of the Social Services Law. . : NOTE: FOR ALL ORDERS PAYABLE THROUGH A SUPPORT COLLECTION UNIT (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT, AN ADJUSTED ORDER SHALL BE SENT TO THE PARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THE COURT INDICATED ON SUCH ADJUSTED ORDER UPON RECEIPT OF SUCH WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT WHICH THE PARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT. (2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAT TWENTY-FOUR MONTHS AFTER SUCH ORDER 1S ISSUED, LAST MODIFIED OR LAST ADJUSTED WITHOUT FURTHER APPLICATION OF ANY PARTY. ALL PARTIES WILL RECEIVE NOTICE OF ADJUSTMENT FINDINGS. (3) WHERE ANY PARTY FALLS TO PROVIDE, AND UPDATE UPON ANY CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT ADDRESS, AS REQUIRED BY SECTION FOUR HUNDRED FORTY-THREE OF THE FAMILY COURT ACT, TO WHICH AN ADJUSTED ORDER CAN BE SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE ORDER, REGARDLESS OF WHETHER OR NOT THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER. ~" .... --/qE~Ri~,/G E~.AMINER Jason P. Sterling, Plaintiff Donald E. Murlatt, Sr., Joy A. Shuler, and Brian W. Batchelder, Defendants IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- o~(~,(~ CIVIL TERM : CUSTODY PRAECIP~___E TO PROCEED IN FORMA PAUPERJS To the Prothonotary: Kindly allow, Jason P. Sterling, Plaintiff, to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding i_n/orma .p_~peris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. ttomey for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 JASON P. STERLING, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD E. MURLATT, JOY A. SHULER and BRIAN W. BATCHELDER, DEFENDANTS 02-5606 CIVIL TERM ORDER OF COURT ~-.t ~"- day of November, 2002, IT IS ORDERED that AND NOW, this a hearing will be conducted on the within petition for special relief in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 2:30 p.m., Monday, December 2, 2002. ~,Joan Carey, Esquire For Plaintiff Edg~r B. ~J. / Donald E. Murlatt Joy A. Shuler 2 Chestnut Circle Camp Hill, PA 17011 ./Brian W. Batchelder 519 Shed Road Newville, PA 17241 :sal JASON P. STERLING PLAINTIFF DONALD E. MURLATT, SR., JOY A. SHULER AND BRIAN W. BATCHELDER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5606 CIVIL ACTION LAW 1NCUSTODY ORDER OF COURT AND NOW, Wednesday, November 27, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before 4?queline M. Verney_, Esq~ ...... the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 17, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effbrt 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 pe,manent 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/ ]acqueline M. Verney, 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 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JASON P. STERLING, : Plaintiff : : V. : : DONALD E. MURLATT, JOY A. SHULER: And BRIAN W. BATCHELDER : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERL2~ND COUNTY, PENNSYLVANIA 02-5606 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of Decen~er, 2002, this matter having come before the Court on a Petition for Emergency Relief, it is ordered that the natural father, Jason P. Sterling, shall have periods of temporary physical custody with his son Christopher Murlatt, born May 18, 1995, from each Sunday from 9:00 a.m. through the start of the child's school the next day, at which time the father shall deliver Christopher to school. Pending any further Order of Court, the father shall keep the child in this area during his periods of physical, and certainly not remove the child from the State of Pennsylvania. FJoan Carey, Esquire For the Plaintiff Edgar ~.%"~yley, Jo Elizabeth B. Stone, Esquire For the Defendants it 19,-o -o 2, JASON P. STERLING, Plaintiff DONALD E. MURLATT, SR., JOY A. SHULER, and BRIAN W. BATCHELDER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5606 CIVIL TERM : : CIVIL ACTION- LAW : IN CUSTODY o 4. follows: ORDER OF COURT AND NOW, this ~ . day of ~/~~'~., _, 2002, upon consideration of the attached Custody Conciliation Report, it, s ordered and directed as follows: 1. The prior Order of Court dated December 2, 2002 is hereby vacated. The following shall remain in effect until further Order of Court or agreement of the parties. 2. The Father, Jason P. Sterling, the maternal grandparents, Donald E. Murlatt, Sr. and Joy A. Shuler, and deceased mother's boyfriend/stepfather, Brian W. Batchelder shall have shared legal custody of Christopher Murlatt, born May 18, 1995. Each party shall have an equal right, to be exercised jointly with the others, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions affecting his health, education and religion. This Order shall enable all parties to obtain all medical and school records of the Child. Brian W. Batchelder shall have primary physical custody of the Child. Father, Jason P. Sterling shall have periods of partial physical custody as A. Beginning December 18, 2002 every Wednesday from 6:00 p.m. to 8:30 p.m. B. December 26, 2002 at 9:00 a.m. to December 29, 2002 at 7:00 p.m. Father may take the child to New York to visit his relatives during this period. While in New York, Father shall have child initiate telephone contact with Brian Batchelder or grandparents at 8:00 p.m. every evening. C. Alternating weekends from Friday at 6:00 p.m. to Sunday at 8:00 p.m. This will begin January 10, 2003. D. Such other times as the parties agree. 5. Father shall be responsible for transportation, unless otherwise agreed. However, when possible, Brian Batchelder and grandparents will be flexible to assist in transportation. 6. All parties shall have liberal telephone contact with the child when the child is not in their custody. Current telephone numbers will be provided to all parties. 7. When any party intends to take the child out of state, they shall advise the other parties of an address and telephone number where the child can be reached. 8. 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 26, 2003 at 1:30 p.m. BY TH~iC~~,~ Edga~ B4~]'~/, Jo ,/'cc: Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Father d/ Elizabeth Barron Stone, Esquire, Counsel for maternal grandparents and stepfather D[C 1 ? 2002 JASON P. STERLING, Plaintiff V. DONALD E. MURLATT, SR., JOY A. SHULER, and BRIAN W. BATCHELDER Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-5606 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, 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 conceming the Child who is the subject of this litigation is as follows: NAME Christopher Murlatt DATE OF BIRTH May 18, 1995 CURRENTLY IN CUSTODY OF Brian W. Batchelder, stepfather (Boyfriend of deceased Mother) 2. A Conciliation Conference was held in this matter on December 17, 2002, with the following individuals in attendance: The Father, Jason P. Sterling, with his counsel, Joan Carey, Esquire, Mid Penn Legal Services, Donald E. Murlatt, Sr., Joy A. Shuler, maternal grandparents and Brian W. Batchelder, stepfather/boyfriend of deceased mother, with their counsel, Elizabeth Stone, Esquire 3. The Honorable Edgar B. Bayley entered an Order dated December 2, 2002 granting Father one overnight every week. 4. The parties agreed to the entry of an Order in the form as attached. Date ~cqt~line M. Verney, Esquire Custody Conciliator JASON P. STERLING, VS. DONALD E. MURLATT JOY A. SHULER, and BRIAN W. BATCHELDER Plaintiff Defendants · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- ~'(.e0 ~ CIVIL TERM CUSTODY RULE TO SHOW CAUSE AND NOW, THIS ~ C) day of January~upon consideration of the attached petition for special relief, a RULE is entered upon Defendants to show cause why the relief requested should not be granted. The RULE is returnable at a conference/hearing on the ~,4z0x day of J,x~J.~_,_,_~ .. at_ ~)'.~0 0,.m. in Courtroom number ~ of the Cumberland County Courthouse. By th Edgar B. Bayley, J. ~' Joan Carey, Attorney for Plaintiff/Petitioner MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Elizabeth Barron Stone, Attorney for Defendants P. O. Box E, 414 Bridge Street New Cumberland, PA 17070 JASON P. STERLING DONALD E. MURLATT JOY A. SHULER, and BRIAN W. BATCHELDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5606 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, February 6, 2003, the Court notes that we have had an extended conference in chambers with Joan Carey, Esquire, counsel for Sterling, natural father of the child, and Elizabeth Stone, Esquire, counsel for Murlatt and Shuler, who are the maternal grandparents of the subject of this action, Christopher Murlatt, and also the counsel for Batchelder, step-father of the child. The Court has been informed that Batchelder feels he is no longer able to properly care for the Muriatt child; Batchelder has sent the child to live with the maternal grandparents in Camp Hill, Cumberland County. They have enrolled the child in the proper Camp Hill school as of last Monday. The last Order of Court in this matter was entered December 18, 2002. That Order reflects that a conciliation conference is presently scheduled for February 26, 2003. With that conference in mind, the Court now temporarily modifies the Order of December 18, 2002, as follows: (3) The grandparents shall have primary physical custody of the child. (4) (a) The Wednesday visit is changed from a two and one-half hour visit to an overnight visit whereby father picks up the child at school on Wednesday afternoon, and he shall be responsible for transporting the child to his elementary school on time for class the next day. In all other respects, the Order of December 18, 2002, is reaffirmed. Joan Carey, Esquire - ~j. ~,~ ~ ;/~/b3~ For the Plaintiff Elizabeth Stone, Esquire - ~__~.~,~'. For the Defendants FEB 2 8 2003 JASON P. STERLING, Plaintiff DONALD E. MURLATT, SR., JOY A. SHULER, and BRIAN W. BATCHELDER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5606 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY .ORDER OF COURT AND NOW, this 100a day of L~/~Og~ ,2003, upon consideration of the attached Custody Conciliation Report, :it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. _x~, of the Cumberland County Court House, on the ~1~ da of .~ ' ,2003 at '3'. ht~ .... l~b~efln o'clock, _4~_.M., at which t~me tesUm~ny wfi . For purposes of this H~aring, the 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 ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Orders of Court dated December 18, 2002: and February 6, 2003 shall remain in full force and effect with the following additions: 4. Father and the Grandparents shall share Easter Day from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. The Grandparents shall have the morning time and Father shall have the afternoon time. 5. In the event the child has school vacation during the Easter Holiday, the Grandparents and Father shall share the additional vacation time, including overnights for Father. 6. In the event ?,ere are Monday school holidays that coincide with Fathe ' alternating weekends, Father s weekend shall be extended to include Sunday nights, r s 7. Father shall be entitled to two hours of physical custody with the child on the child's birthday. 8. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order and the previous two orders shall control. cc: Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Fat~ Elizabeth Barron Stone, Esquire, Counsel for maternal grandparents r,_[ax~ JASON P. STERLING, Plaintiff Ve DONALD E. MURLATT, SR., JOY A. SHULER, and BRIAN W. BATCHELDER Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-5606 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, 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 Christopher Murlatt DATE OF BIRTH May 18, 1995 CURRENTLY IN CUSTODY OF Donald E. Murlatt/Joy A. Shuler (maternal grandparents) 2. A second Conciliation Conference was held in this matter on February 26, 2003, with the following individuals in attendance: Joan Carey, Esquire, Mid Penn Legal Services, counsel for Father and Elizabeth Stone, Esquire, counsel for maternal grandparents. 3. The Honorable Edgar B. Bayley entered an Order dated December 18, 2002 granting shared legal custody between Father, stepfather and grandparents; primary physical custody to stepfather with Father having a graduated alternating weekend schedule. In February, 2003, Stepfather decided he could no longer care for the child and sent him to live with the maternal grandparents. An Order of Court was entered on February 6, 2003 by the Honorable George E. Hoffer, P.J. granting primary physical custody of the child to the grandparents. Father was granted an additional overnight, every Wednesday. 4. The Father's position on custody is as follows: Father seeks primary physical custody of the child and seeks a Gruber hearing to be allowed to relocate to New York. The child's Mother died in July, 2002. Prior to that time, the child lived with his mother and stepfather. Father claims to have had a close relationship with the child since becoming aware of his paternity in 1998. Father maintains that the child spent 10 days in the summer of 2002 with him. Once Father learned of the death of Mother he relocated to Cumberland County to establish a close relationship with the child and to obtain primary custody. Father further asserts that Mother, prior to her death, expressed a wish af~r~.e._~_hiJd t.~ liv~e .with Father. Father has family in New York that the child is q umtea With. l"amer has been cooperative with the stepfather and grandparents custody arrangements for the child, in the 5. The Grandparents position on custody is as Ibllows: Grandparents seek primary physical custody of the child. They maintain that Father has not been a part of the child's life. That the child has been through the trauma of his Mother's death and now the relocation to grandparents home. The child has only visited with Father and his relatives in New York for a brief time. The child needs stability and the grandparents can provide that stability. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing primary physical custody with the grandparents with Father having alternating weekends and every Wednesday overnight. It is expected that the Hearing will require one day. Date ~cqu~line M. Ve---~eey, Es~ Custody Conciliator Jason P. Sterling, Plaintiff Donald E. Murlatt, Sr., Joy A. Shuler, and Brian W. Batchelder, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5606 CINIL TERM CIVIL ACTION --. LAW IN CUSTODY PRAECIPE TO WITHDRAW ACTION To the Prothonotary: Please withdraw without prejudice the above-captioned action filed by MidPenn Legal Services on behalf of Jason P. Sterling because the matter has been resolved. Respectfully submitted: d/~(}~n Carey, Attorney for Pl~tiff MIl)PENN LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 52123