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HomeMy WebLinkAbout09-6525 Courtney Kishel Powell, Esquire Attorney I.D. No. 81509 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorney for Plaintiff JAMES MURLIN, JR., Plaintiff V. JESSICA ELSCHEID, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O 9 - 5 Ttti.., CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is James Murlin, Jr., residing at 2475 South 5a' Street, Harrisburg, Dauphin County, Pennsylvania 17113. 2. The Defendant is Jessica Elscheid, residing at 403 Hadleman Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff seeks shared physical custody of the following child: NAME PRESENT RESIDENCE D.O.B. Makayla M. Elscheid-Murlin 403 Hadleman Avenue 10/02/2005 New Cumberland, Pennsylvania The child was born out of wedlock. The child is presently in the custody of Defendant, Jessica Elscheid, who resides at 403 Hadleman Avenue, New Cumberland, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Jessica Elscheid 684 Fishing Creek Road Birth to Ed and Donna Elscheid, Lewisberry, Pennsylvania October 2006 Michelle, Nicole, and Julia Elscheid Jim Murlin and 85 Hummel Avenue October 2006 to Jessica Elscheid Lemoyne, Pennsylvania May 2007 Jessica Elscheid 85 Hummel Avenue May 2007 to Lemoyne, Pennsylvania September 2007 Jessica Elscheid 403 Hadleman Avenue September 2007 to New Cumberland, Pennsylvania Present The mother of the child is Jessica Elscheid, currently residing at 403 Hadleman Avenue, New Cumberland, Cumberland County, Pennsylvania. She is single. The father of the child is James Murlin, Jr., currently residing at 2475 South 5`}' Street, Harrisburg, Dauphin County, Pennsylvania. He is single. 4. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Jim and Denise Murlin Parents Madison Murlin Daughter (shared custody with Mother) • 5. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following person: NAME RELATIONSHIP Makayla Elscheid-Murlin Daughter 6. Plaintiff has 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. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff, James Murlin, Jr., requests the court to grant shared physical custody of the minor child, Makayla Elscheid-Murlin, to him. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: U)1 Jul By Courtney Kishel Po el , squire Attorney I.D. #815 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorney for Plaintiff, James Murlin, Jr. VERIMCATION I, James Murlin, Jr., verify that the statements made in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: Zb 0?. • J es urlin, Jr tF Tt?' c4 ' 29 Fil lu i° I toe. 5o Pa -1-rrN I S y3) JAMES MURLIN, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6525 CIVIL ACTION LAW JESSICA ESCHEID IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 07, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 29, 2009 at 9:00 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 entrv 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/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TARY 20 9 OCT - 3 1* 5 3 Cam. ?P?( .? ? t roc ? ?4? c A CC„ CO fy -Pl?aArcc 4 J . -elsc . "or y fil ;a ( Lzr- L W4,f-O . Pa4x(,-, y JAMES MURLIN, JR., Plaintiff vs. JESSICA ELSCHEID, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 09 - 6525 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE I, Andrew C. Sheely, Esquire enter my appearance as attorney of record for, Jessica Elscheid, Defendant in the above-captioned case. /// of Date /&w6s? Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Praecipe to Enter Appearance upon counsel of record on the below listed date by first class mail, postage prepaid, as follows: Courtney Kishel Powell, Esquire James Smith Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 November , 2009 Andrew C. Sheely, At ey OF THE PRO 11"'NOTARY 2009 NOV -2 A H: : 32 OCT 3 0 20090 JAMES MURLIN Plaintiff vs. JESSICA ESCHEID Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-6525 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ?_ day of N & V t" ti , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James Murlin, Jr., and the Mother, Jessica Escheid, shall have shared legal custody of Makayla M. Escheid-Murlin, born October 2, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. On a trial basis, pending the follow-up custody conciliation conference scheduled in this Order, the parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child every week from Monday afternoon, when the Father shall pick up the Child at preschool, through Tuesday at 6:00 p.m., beginning Monday, November 2, 2009. In addition, the Father shall have custody of the Child every week on Thursday from 8:00 a.m. until 6:00 p.m. B. During alternating weeks, beginning Saturday, November 7, 2009, the Father shall have custody of the Child from Saturday at 10:00 a.m. through Sunday at 6:00 p.m. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. h 3. On Thanksgiving Day in 2009, the Father shall have custody of the Child from 12:00 noon until 6:00 p.m. and the Mother shall have custody on the holiday before and after the Father's period of custody. 4. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement between the parties. The parties shall work with their counsel in coordinating insurance coverage and selecting the counselor promptly following the conciliation conference. The purpose of the counseling shall be to assist the parties in addressing issues which have arisen in the custodial situation, including the Father's medical issues, and to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. All costs of the counseling which are not covered by insurance shall be shared equally between the parties. 5. The parties shall sign all necessary paperwork to enable the Child to obtain a passport. Neither party may remove the Child from the United States without providing at least 30 days advance notice to the other parent and providing a written itinerary with contact information for the Child during the period the Child will be outside the country. 6. Both parties shall ensure that the Child has her own bedroom and sleeps alone in her own bed at both residences unless specifically discussed and agreed otherwise between the parties in advance. 7. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Monday, December 14, 2009 at 1:00 p.m. for the purpose of reviewing the trial custody arrangements. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. 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. BY THE COURT, ?\ -? J. cc: neY Kishel Powell, Esquire - Counsel for Father Andrew C. Sheely, Esquire - Counsel for Mother (2 I?s M_?tLLIV'__L /1 44 IN CUSTODY 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 Makayla M. Escheid-Murlin October 2, 2005 Mother 2. A custody conciliation conference was held on October 29, 2009, with the following individuals in attendance: the Mother, Jessica Escheid, with her counsel, Andrew C. Sheeiy, Esquire, and the Father's counsel, Courtney Kishel Powell, Esquire. The Father, James Murlin, Jr., participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the frequency of the weekend periods of custody, which is the recommendation of the conciliator. Date Dawn S. Sunday, Esquire Custody Conciliator JAMES MURLIN vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-6525 CIVIL ACTION LAW JESSICA ESCHEID Defendant 20119 NOV -4 Fil z?. 03 Cua?ar? :?.??1.`f Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAMES MURLIN, JR., Plaintiff VS. JESSICA ELSCHEID, Defendant EZLE D-OFF{C OF THE PROTHONn ARY ?a 3I Fig t?: Z ri Cr !J c i CUISCR,LAN'D f Ea.t nS t _VA--'31 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09 - 6525 : CIVIL ACTION - LAW . IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND TEMPORARY MODIFICATION OF A CUSTODY ORDER Petitioner, Jessica Elscheid, by her attorney Andrew C. Sheely, Esquire, hereby submits this Emergency Petition for Special Relief and Temporary Modification of a Custody Order and in support thereof, states the following: 1. Petitioner/Defendant is JESSICA ELSCHEID (hereinafter "Mother"), an adult individual who resides at 405 Haldeman Boulevard, New Cumberland, Cumberland County, Pennsylvania. 2. Respondent/Plaintiff is JAMES MURLIN, JR. (hereinafter "Father"), an adult individual who resides at 98C Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 3. Mother and Father are the natural parents of MAKAYLA M. ELSCHEID-MURLIN, born October 2, 2005, hereinafter referred to as "child". 4. The present legal and physical custody of the child is controlled by an Order of Court dated November 4, 2009, as modified Cry 378G ??aS?yeY by order dated December 22, 2009 entered by the Honorable M. L. Ebert, Jr., Judge, a copy of which orders are attached hereto and collectively by reference herein as Exhibit "A". The current order grants mother primary physical custody of the child, subject to limited physical custody with Father. 5. Within the past 30 (thirty) days, Mother was contacted by officers of the Lemoyne Borough Police Department pertaining to an apparent ongoing investigation of Father's use or control of child pornography, unauthorized photographs or videos of females of various ages, including Petitioner. 6. During the course of her interview, Mother was presented with video of Mother filmed or made without Mother's knowledge or consent showing Mother in nude or semi-nude appearance. 7. Mother believes and therefore avers that the unauthorized video of Mother was used, controlled and viewed by Father while he had custody of the child who is the subject of this custody action. 8. Mother believes and therefore avers that Father used, controlled and viewed inappropriate, unlawful and non-consensual photographs, video and clips of other unrelated female persons of various ages while he had custody of the child who is the subject of this custody action. 2 9. Mother believes and therefore avers that Father's unsupervised custody with the child at his residence is detrimental to the child's welfare, not consistent with the best interests of the child and serves as an immediate and ongoing danger to the child for which temporary and emergency relief is necessary. 10. On December 6, 2010, Mother :received notice of the entry of a temporary Order of Court entered by Judge Bruce Bratton of the Court of Common Pleas of Dauphin County at No. 34360 S 1997 granting a Petition for Emergency Relief only permitting Father's supervised visitation with his older daughter, MADISON KAYLI SIPE- MURLIN. A copy of the November 24, 2010 Order of Court is attached hereto as Exhibit "B". 11. Mother is uncertain as to the status of this case but believes that Father was required to attend various counseling sessions prior to having further unsupervised contact with his older child. 12. Upon learning of the December 6, 2010 Order of Court and an associated Cumberland County Children and Youth Service Investigation, Mother and Father agreed that. Father would have no overnight custody and supervised visitation with the child only in the presence of the paternal grandparents. 13. On or about January 28, 2011, mother learned that Cumberland County Children and Youth Service had completed its investigation of Father's behavior with his oldest child. 3 14. On or about January 29, 2011, Father advised mother that Father was no longer agreeing to supervised visitation and kept the child overnight without Mother's consent. 15. Throughout the above-captioned case, Mother has repeatedly raised concerns to Father about :his behaviors which Mother believes are damaging to the short and long term emotional and physical welfare of the child, including incidents where Father sleeps in bed with the child and fails to recognize the individual space of the child during overnight visits. 16. Mother believes and therefore avers that the allegations and averments herein are substantial and sufficient to warrant a temporary suspension of the existing custody orders, or in the alternative, the entry of a temporary custody order granting Father's supervised visitation at a neutral facility such as a YWCA to protect and maintain the best interests of the minor child. 17. Mother will be filing a Petition for modification of the above-captioned Custody Order. 18. A copy of this Petition for Emergency Relief was faxed to Courtney Kishel Powell, Esquire, Counsel for Father in advance of filing and it is believed that Attorney Powell will not consent to the relief sought herein. 19. Judge Ebert has issued prior orders in this case. 4 WHEREFORE, Petitioner, Jessica Elscheid, respectfully request this Court to: A. Enter an Order of Court suspending custody with Father, and awarding exclusive primary physical custody pending an expedited hearing; or/and B. in the alternative, suspending the current orders of court granting Father supervised visitation with the minor child pending at a public facility; and C. Grant such other relief as this Court in its discretion deems appropriate. Respectfully submitted, i Date: January 2011 Andrew C. Sheely, Esqui Attorney for Mother, Petitioner/Defendant PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 5 JAN-31-2011 15:05 MORGAN STANLEY SMITH BARN 717 255 6651 P.01/01 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: January 3 ( , 2011 TOTAL P_01 Exhibit "A" DEC 2. 12009 6 JAMES MURLIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2009-6525 CIVIL ACTION LAW JESSICA ESCHEID Defendant IN CUSTODY ER OF COURT AND NOW, this ?_ day of consideration of the attached Custody Conciliation Report, it is ordered and directed as follows9? urn L The prior Order of this Court dated October 4, 2009 shall continue in effect as modified by this Order. 2. Within one week from the date of the custody conciliation conference, the parties shall contact Devonnah Jonsson to make arrangements to initiate the therapeutic family counseling required by the Order dated November 4, 2009. All costs of the counseling shall be shared equally between the parties. 3. The parties shall contact the play therapy professionals who were identified at the custody conciliation conference in order to obtain additional information to aid them in their selection of therapist for the Child. In order to ensure that the play therapy begins as soon as a play shall cooperate to select the therapist by Wednesday, December 23, 2009. In the evoentbthe theparties care unable to reach an agreement as to the selection of the therapist, counsel for the parties may contact the conciliator to schedule a telephone conference. 4. Neither party shall pick up the Child from her preschool earlier than 2:30 p.m. unless otherwise agreed between the parties in advance. 5. The parties agree that the paternal grandparents shall be authorized to pick up the Child at daycare when the Father is unable to do so and both parties shall notify the preschool to ensure paternal grandparents can pick up the Child when necessary. that the 6. The parties shall share having custody of the Child on holidays as follows: A. Chr_ istlnas In 2009, the Father shall have custody of the Child from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and the Mother shall have custody Christmas Day at 12:00 noon through December 26 at 12:00 noon. In future years, the from share having custody of the Child for the Christmas holiday as arranged b parties shall B. Th ivin : The Thanksgiving holiday shall be divided ntoc Se shall run from 9.:00 a.rn, until 3:00 m, on gment A, which 3.00 p.m. until p.m. on Thanks pvin Thanksgiving Day and Segment B, which. shall run from 3: the Child Burin Se g g Day. In even numbered years, the Father shall have custody g gment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 3:00 p.m. through Easter Sunday at 3:00 p.m., and Segment B, which shall run from Easter Sunday at 3:00 p.m. through the following Monday at 3:00 p.m. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Alternating Holidays: The parities shall alternate having custody of the Child from 9:00 a.m. until 7:00 p.m. on the following holidays: New Year's Day, Memorial Day, July 4t', and Labor Day. The alternating schedule shall begin with the Father having custody of the Child on New Year's Day in 2010. Notwithstanding the foregoing, the July 4a' holiday period of custody shall continue until after the fireworks. E. Mother's Day/Father's Dav: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 9:00 a.m. until 7:00 p.m. F, The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Each parent shall be entitled to have custody of the Child for vacation each year for three nonconsecutive weeks upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. In the event either party intends to remove the Child from his or her residence for vacation periods of custody, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 8. Either party shall be entitled to inspect the other party's home specifically to verify the number of bedrooms in each residence so long as a third party is present who has been selected by agreement between the parties. 9. After the parties have participated in at least four joint co-parenting counseling sessions, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference,. if necessary. 10 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. BY THE COURT, L. rt, Jr. J. cc: Courtney Kishel Powell, Esquire - Counsel for Father Andrew C. Shelly, Esquire - Counsel for Mother 1,01 aC ? "W '?Z hM anon ;ict hang w- I: , p? JAMES MURLIN Plaintiff VS. JESSICA ESCHEID Defendant Prior Judge: M. L. Ebert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-6525 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVYL 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 Makayla M. Escheid-Murlin October 2, 2005 Mother 2. A custody conciliation conference was held on December 14, 2009, with the following individuals in attendance: the Father, James Murlin, with his counsel, Courtney Kishel Powell; Esquire, and the Mother, Jessica Escheid, with her counsel, Andrew C. Sheely, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ?- T Dawn S. Sunday, Esqui Custody Conciliator JAMES MURLIN Plaintiff VS. JESSICA ESCHEID Defendant T.T ? 0 7004 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-6525 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 4 - jA_ day of £?, 2009, upon consideration of the attached Custody Conciliation ' port, it is ordered and directed as follows: 1. The Father, James Murlin, Jr., and the Mother, Jessica Escheid, shall have shared legal custody of Makayla M. Escheid-Murlin, born October 2, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. On a trial basis, pending the follow-up custody conciliation conference scheduled in this Order, the parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child every week from Monday afternoon, when the Father shall pick up the Child at preschool, through Tuesday at 6:00 p.m., beginning Monday, November 2, 2009. In addition, the Father shall have custody of the Child every week on Thursday from 8:00 a.m. until 6:00 p.m. B. During alternating weeks, beginning Saturday, November 7, 2009, the Father shall have custody of the Child from Saturday at 10:00 a.m. through Sunday at 6:00 p.m. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. 3. On Thanksgiving Day in 2009, the Father shall have custody of the Child from 12:00 noon until 6:00 p.m. and the Mother shall have custody on the holiday before and after the Father's period of custody, 4. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement between the parties. The parties shall work with their counsel in coordinating insurance coverage and selecting the counselor promptly following the conciliation conference. The purpose of the counseling shall be to assist the parties in addressing issues which have arisen in the custodial situation, including the Father's medical issues, and to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. All costs of the counseling which are not covered by insurance shall be shared equally between the parties. 5. The parties shall sign all necessary paperwork to enable the Child to obtain a passport. Neither party may remove the Child from the United States without providing at least 30 days advance notice to the other parent and providing a written itinerary with contact information for the Child during the period the Child will be outside the country. 6, Both parties shall ensure that the Child has her own bedroom and sleeps alone in her own bed at both residences unless specifically discussed and agreed otherwise between the parties in advance. 7. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Monday, December 14, 2009 at 1:00 p.m. for the purpose of reviewing the trial custody arrangements. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9, 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. BY THE COURT, k ail r cc: Courtney Kishel Powell, Esquire - Counsel for Father Andrew C. Sheely, Esquire - Counsel for Mother a 4,,, a 4 i e4 c . y??Ya t r mfdal, I We Lento Sat my ham } V' '$4+ C' 4 iv, Ca J t 116$1, JAMES MURLIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JESSICA ESCHEID Defendant 2009-6525 CIVIL ACTION LAW IN CUSTODY 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 Makayla M. Escheid-Murlin October 2, 2005 Mother 2. A custody conciliation conference was held on October 29, 2009, with the following individuals in attendance: the Mother, Jessica Escheid, with her counsel, Andrew C: Sheely, Esquire, and the Father's counsel, Courtney Kishel Powell, Esquire. The Father, James Murlin, Jr., participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the frequency of the weekend periods of custody, which is the recommendation of the conciliator. 0( ?q ?1 ? "e, Date Dawn S. Sunday, Esquire Custody Conciliator Exhibit "B" 0 VNISISO Diane M. Dils, Esquire DILS &. DILS 1400 N. Second Street Harrisburg, Pa. 17102 (717) 232-9724 Fax: (717) 233-2567 didils(@verizon.net Attorney for Jennifer Angela Sipe JENNIFER ANGELA SIPE, Petitioner © 4 ? o m ao ? i ? N CA IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA r? M Qor VS. JAMES JOSEPH MURLIN, JR., Respondent No. 3460 S 1997 CUSTODY ORDER OF COURT 24 day of November, 2010, upon presentation and AND NOW, this consideration of the within Petition for Emergency Relief, it is hereby ORDERED that primary physical custody of the minor child, Madison Kayli Sipe-Murlin, born May 20, 1997 is awarded to Petitioner, Jennifer Angela Sipe. The Respondent, James Joseph Murlin, Jr. is entitled to supervised visitation with his daughter at the YWCA Visitation Center, until further Order of Court. I is further Ordered that a hearing shall held on the day of 2010 at in Courtroom No. j of the Dauphin County Court House, Front and Market Streets, Harrisburg, Pennsylvania at which time and place, all parties and the minor child shall appear. BY O T: J. Distribution: Diane M. Dils, Esquire, 1400 N. Second Street, Hbg., Pa. 17102 Fax: (717) 233- 2567 didilsaverizon.net James Joseph Murlin, Jr., 98C Herman Avenue, Lemoyne, PA. 17043 ?J' CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Petition for Emergency Relief upon counsel of record on the below listed date by first class mail, postage prepaid, as follows: Courtney Kishel Powell, Esquire James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Date: January 2011 Andrew C. Sheely, At orney JAMES MURLIN, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA ELSCHEID, DEFENDANT NO. 09-6525 CIVIL IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF AND TEMPORARY MODIFICATION OF A CUSTODY ORDER ORDER OF COURT AND NOW, this 2nd day of February, 2011, upon consideration of Mother's n Emergency Petition for Special Relief and Temporary Modification of a Cui Of @ er-,r', ?n r- ?-o rn IT IS HEREBY ORDERED AND DIRECTED:-- in ?D w --acs 1. Father shall file an Answer to the Petition on or before Monday, = -o ter) s ;e-`-; N err a February 7, 2011;'; 2. An emergency hearing on the matter will be held on Thursday, February 10, 2011, at 9:00 a.m. Each party will be limited to 30 minutes of direct testimony. 3. Pending the hearing, Mother, Jessica Elscheid, shall have primary physical and legal custody of the minor child, Makayla M. Elscheid-Murlin. By the Court, Andrew C. Sheely, Esquire Attorney for Mother Courtney Kishel Powell, Esquire Attorney for Father v? \ M. L. Ebert, Jr., J. MWIed 0opies '11-SP, ox8 bas Courtney Kishel Powell, Esquire Attorney I.D. No. 81509 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Respondent JAMES MURLIN, JR., Plaintiff/Respondent V. JESSICA ELSCHEID, Defendant/Petitioner s t,?., i Syr a ; ? <„ ?fultF0-7 P4, I PENNS YLq p' T IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6525 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF AND TEMPORARY MODIFICATION OF A CUSTODY ORDER AND NOW, comes the Plaintiff, James Murlin, Jr., by and through his counsel, Courtney Kishel Powell, Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and files this Answer to Plaintiff's Emergency Petition for Special Relief and Temporary Modification ofa Custody Order, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that the parties have a Custody Order dated November 4, 2009 and December 22, 2009. This Order was entered as a result of the parties' agreement at the Custody Conciliation Conference. It is denied however that the parties have been following this Order. On or about December 9, 2010, the parties agreed to temporarily modify the terms of this Order requiring Father to have periods of supervised visits with the child, and no overnights. This was done at Mother's request, as a result of her concerns regarding an investigation by Cumberland County Children and Youth Services. 5. Neither admitted nor denied. Father does not have sufficient information to answer this averment, as he cannot attest to Mother's contact with Lemoyne Borough Police Department. However, it is acknowledged that Father has been criminally charged, and is waiting a preliminary hearing. 6. Neither admitted nor denied. Father does not have sufficient information to answer this averment, as he cannot attest to Mother's contact with Lemoyne Borough Police Department. However, it is acknowledged that Father has been criminally charged, and is waiting a preliminary hearing. 7. Denied. Mother's beliefs are not evidence. Proof of this allegation is demanded. 8. Denied. Mother's beliefs are not evidence. Proof of this allegation is demanded. 9. Denied. It is specifically denied that Father's unsupervised custody with the child is detrimental to the child's welfare, not in the child's best interest, or places the child in danger. However, it is admitted that one of Father's bail conditions at the present time is that he has supervised contact with his children. Accordingly, Father agrees to continue supervised visits with his daughter, Makayla, until the criminal charges have been. resolved. Father's visits thus far, have been supervised by his parents, and Father is amenable to continue doing so until the criminal matter is concluded. 10. Admitted in part with clarification. It is admitted that Judge Bratton from the Court of Common Pleas of Dauphin County, Pennsylvania entered a Temporary Order dated November 24, 2010 requiring Father to have supervised visits with his daughter pending a hearing on allegations that he slapped and hit his other daughter, who is thirteen. Following a hearing on the matter, Judge Bratton entered an Order dated December 2, 2010 continuing the supervised contact, so that the child could continue in counseling to address the child's 2 "acknowledged misbehavior and disrespectful attitude and actions.." A copy of the Order dated December 2, 2010 is attached hereto and marked as Exhibit "A". Furthermore, it is denied that the custody action in pending in Dauphin County has any relevance to the within action. 11. Admitted in part, and denied in part. It is admitted that Mother is uncertain about her facts regarding that case, as is evidenced by her guessing as to outcome of that matter. It is specifically denied that the Court required Father to attend counseling sessions prior to having unsupervised visits with the other child. The Order of December 2, 2010 required both parents in that action to propose counselors to assist them in co-parenting counseling, since the Court found that the parents' "inability to communicate is leaving the child in a grey area where the parents may not be fully aware of exactly what the child is doing, thinking or contemplating." See Order as Exhibit "A". That being said, it is respectfully submitted that Father's custody action pending in Dauphin County, Pennsylvania bears no relevance to this particular action. 12. Admitted in part, denied in part. It is denied that the Order was dated December 6, 2010. Rather, the Order from Judge Bratton was dated December 2, 2010. As previously stated, it is admitted that Mother and Father agreed to modify the existing Custody Order, requiring Father to have periods of supervised visits. By way of further clarification, said supervised visitation was to continue until the completion of the Children and Youth investigation. On January 28, 2011, counsel for Father provided a copy of a letter from the Cumberland County Children and Youth Services indicating that they had completed their investigation and no services were required. That letter was provided via facsimile on Friday, January 28, 2011. Mother subsequently filed her Petition for Emergency Relief on Monday, January 31, 2011. 13. Admitted upon information and belief. As previously stated, Father's counsel provided Mother's attorney with a copy of the notification from the Cumberland County Children and Youth Services advising that they had completed their investigation and no further services were required. That letter was provided to Mother's attorney via facsimile on Friday, January 28, 2011. A copy of that letter is attached hereto and marked as Exhibit "B". 14. Admitted in part. It is admitted that on January 29, 2011, Father did not agree to continue with supervised visits, as the Cumberland County Children and Youth Services advised that they had completed their investigation, and no further services were warranted. Accordingly, Father's intention was to resume the custodial arrangement outlined in the December 22, 2009 Order, as there was no reason not to continue with that Order. 15. Admitted in part. It is admitted that Mother has repeatedly raised concerns about what Father does during his periods of custody. It is specifically denied that Father has caused the child emotional and physical damage, or engages in conduct that could potential have this effect on the child. It is further specifically denied that Father sleeps with his daughter. Proof is demanded. 16. Denied. It is specifically denied that Mother's allegations warrant a temporary suspension of the existing custody Order dated December 22, 2009; however, Father acknowledges that as part of his bail conditions he must maintain supervised contact with his children. As such, Father is not opposed to a temporary modification of the Order dated December 22, 2009 requiring supervised visits with his parents, as the parties have been doing. It is specifically denied that the visits should occur at the YWCA, since the parties have mutually agreed to have Father's parents supervise the visits up until this date with no problem. 4 17. Neither admitted nor denied. Father cannot answer this averment as to Mother's future intentions; however, Father has not received a Petition for Modification as of the filing of this Answer. 18. Admitted. 19. Admitted. WHEREFORE, for the forgoing reasons, Plaintiff/Respondent, James Murlin, Jr., Father of Makayla M. Elscheid-Murlin, respectfully requests this Honorable Court to deny Mother, Jessica Elscheid's Petition for Emergency Relief, and enter a temporary Order modifying the Order of December 22, 2009 to require all of father's periods of custoy to be supervised by his parents, until the conclusion of the criminal matter. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By; Courtney Kishel Po 1 Attorney I.D. #815 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff/Respondent, James Murlin, Jr. 5 I verify that the statements made in this Pleading are true and correct I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904; relating to unworn falsification to authorities. Date: Z 7/1 f A EXHIBIT "A" Copies D'.`ri U, - ORIGIN ? . JENNIFER ANGELA SIPE, Plaintiff VS. JAMES JOSEPH MURLIN, JR., Defendant IN THE COuR'T OF COMMON PLEAS DAUPHIN COUNTY, PENNs LvAbUA c ° NO..1997-CV-03460-CU- w CIVIL ACTION - LAW IN CUOODt ORDER AND NU'R', this 2"d day of December, 2010, following hearing convened to q? 4 r_ r* consider the Plaintiffs Petition for Emergency Relief, although the Court is not expressing any opinion as to whether or not Defendant has, in fact, acted inappropriately or whether or not. any corporal punishment has been in any way abuse of the child (such matter is being left for the determination by the PFA Court in a, curm ly pending proceeding), it is clear to the Court that the child is sincerely fearful of the Defendant's reaction and possible retaliation. It is also clear to the Court that the child loves each of her parents and understands that each of thorn love her, but she is conflicted and Wnfused, possibly and maybe largely due to her entering adolescence, . but also due to her parents' inability to reach an agreement as to the ruling of the child, including proper discipline and uniforrnity of enforcement of behavioral rules. Therefore, although we. do so with some rehic:Mce and with hopes that this will be a very temporary condition, the order entered by this Court on November 24, 2010 shall remain in full force and effect. The Defendant f father shall be entitled to reasonable periods of supervised visitation as provided in the November 24, 2010 order up to at least two (2) days per week and, hopefully, more frequently if the parties can agree. The child shall continue with counseling which has only recently begun to address her acknowledged misbehavior and disrespectful attitude and actions, as well as her emotional or psychological state which has had' L disturbing procedural outlay. Neither parent shall remove the child from counseling at T.'W. Ponessa without the agreement of both of the parents or further order of Court. Such counseling shall continue to be the joint responsibility of each of the parents and the uninsured costs of such counseling shall be borne equally by both of the parents. Further, each of the parents shall identify three (3) prospective counselors for their use in attempting to arrive at a better understanding of how they can co-parent Madison even though they live separate and apart, since their inability to communicate is leaving the child in a grey area where the parents may not be fully aware of exactly what the child's doing, thinking or contemplating. As the Court is un ' ' r with the history of the relationships of Plaintiff and Defendant, the Court will not specify the type of coc;nseling that would best suit their needs but the Court again stresses, as had been mentioned at the end of the hearing on December 1, 2010, that regardless of the relationship they had, now have or may have in the future, they are each always the parent of this child, Madison, who is Vowing up in a dangerous world without; it appears, adequate parental supervision and guidance. This matter shall be referred for the prompt convening of a custody conference and, if no resolution, temporary or long-tersn, is reached at the conference-, the matter will be assigned further to a judge of this Court for hearing on the Plaintiff's "Ctnnpiaint for Primary -Physical Custody" which the Court deems to be a petition to modify the existing custody order. BY URT: Bruce F. Bratton, Judge Distribution: The Honorable Bruce F. Bratton The Honorable Andrew K Dowsing Deb Freeman, Esquim Deputy Civil Court Administrator Diane M. MIS, Esquire, 1400 North Second Street, Harrisburg, PA 11702 James Joseph Murlin, Jr, 98C Herman Avenue, Lemoyne, PA 17093 2 EXHIBIT "B" CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES Protecting Children - Preserving Families - Promoting Well-being Human Services Building, 16 West High Street, Suite 200, Carlisle, PA 17013-2961 Telephone: 1-888-697-0371, Extension 6120 Fax: (717) 240-6433 Email: CCCY@ccpa.net January 25, 2011 James Murlin 98 C Herman Ave. Lemoyne, Pa. 17043 RE: Madison Sipe-Murlin. Dear Mr. Murlin: Cumberland County Children and Youth Services has completed our initial assessment and has determined that no further Agency services are required at this time. If this Agency were to receive additional referrals on your family this Agency is required to complete an additional assessment on your family. Thank you for your cooperation in this matter. Sincerely, Caseworker CCC&YS 1-4B 2/97 JAMES MURLIN, JR., Plaintiff/Respondent V. JESSICA ELSCHEID, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6525 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, James J. Murlin, Jr., hereby certify that I have served a copy of the foregoing Answer on the following on the date and in the manner indicated below: VIA FACSIMILE (717) 697-7065 AND U.S. MAIL, FIRST CLASS, PRE-PAID Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: l By: „rtni v Attorney I.D. 150 P.O. Box 650 Hershey, PA 17 3-0650 (717) 533-3280 Attorneys for Plaintiff/Respondent, James Murlin, Jr. JAMES MURLIN, JR., IN THE COURT OF COMMON PLEAS OF ?-, PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA cn -n s =x? -? m - C T JESSICA ELSCHEID o ~!° , DEFENDANT NO. 09-6525 CIVIL IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF AND TEMP0 Y . -- MODIFICATION OF A CUSTODY ORDER ORDER OF COURT AND NOW, this 10th day of February, 2011, upon consideration of Mother's Emergency Petition for Special Relief and Temporary Modification of a Custody Order, the Father's Answer thereto and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pending further Order of Court, Mother, Jessica Elscheid, shall have legal and primary physical custody of the minor child Makayla M. Elscheid-Mullin (date of birth: 10/02/05); 2. Father will be authorized supervised physical custody of the child at the Harrisburg YWCA, one hour per week. 3. Father will be authorized reasonable telephone contact with the child every other day. These calls may be monitored by the Mother to ensure that there is no discussion regarding Father's pending criminal charges or his relationship with Mother. By the Court, M. L. Ebert, Jr., 'Andrew C. Sheely, Esquire Attorney for Mother ld 'Courtney Kishel Powell, Esquire 5 `? Attorney for Father 00p, a 4 "'? D bas JAMES JOSEPH MURLIN, JR. IN THE COURT OF COMMON PLEAS OF - PLAINTIFF PLAINTIFF PENNSYLVAPV4 CUMBERLAND COUNTY , / -gym. 3 '"'{7 7-. V. 2009-6525 CIVIL ACTION LAW ` rv ? JESSICA ELSCHEID - IN CUSTODY w` -- DEFENDANT __- ORDER OF COURT AND NOW, Friday, March 30, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 26, 2012 at 9:00 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/ Dawn S. Sunday, Esq. 11 Custody Conciliator -V 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 •C'Cr?.Ccpyhg?Geol? 1?f''`ys??w?GC . Pop y? G? 7? Sdn°_ ?®?c??/a? r I 141K, JAMES JOSEPH MURLIN JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-6525 CIVIL ACTION LAW JESSICA ELSCHEID Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /.S+ day of , 2012, upon consideration of the attached Custody Conciliation RepoA, it is ordered and directed as follows: to 1. A hearing is scheduled in Courtroom Number X of the Cumberland County Courthouse on the f day of , 2012, atq: /l7Im., at which time testimony will be taken. For purposes of the he ing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven days prior to the hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the Mother shall ensure that the Child contacts the Father by calling the Father's cell phone on alternating days at 7:00 p.m. beginning on April 27, 2012. The Mother shall not unreasonably restrict the substance or length of the Child's telephone conversations with the Father. The telephone calls shall be between the Father and the Child only. 3. Pending the hearing and further Order of Court or agreement of the parties, the Father's periods of supervised custody shall take place at the YWCA on Mondays or Wednesdays at 5:00 p.m. BY THE COURT, <") o --y M. L. Ebert r. J. _V rnw -? .?. ' ' I ri J :V0 f t i:= ?(TI Powell Esquire -Counsel for Father cc: Courtney K + r- ! C) . L/ Andrew C. Sheely Esquire - Counsel for Mother c) 4,e_1, ,Ka.. (ed 4//o, -' H•c)??AM. JAMES JOSEPH MURLIN JR. Plaintiff vs. JESSICA ELSCHEID Defendant Prior Judge: M. L. Ebert Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-6525 CIVIL ACTION LAW IN CUSTODY 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 Makayla Elscheid-Murlin October 2, 2005 Mother 2. A custody conciliation conference was held on April 26, 2012, with the following individuals in attendance: the Mother, Jessica Elscheid, with her counsel, Andrew C. Sheely Esquire, and the Father's counsel, Courtney K. Powell Esquire. The Father, James Joseph Murlin Jr. participated in the conference by telephone. 3. The Father filed this Petition for Modification seeking to reimplement the prior custody schedule under which he had partial physical custody on alternating weekends, every Monday overnight and every Thursday during the daytime. 4. The most recent Order entered by this Court was dated February 10, 2011 which, due to the Father's pending criminal charges, granted the Mother sole legal and primary physical custody of the Child with the Father having supervised custody at the YWCA for one hour each week and telephone contact. 5. The parties were not able to reach an agreement at the conference and it will be necessary to schedule a hearing. 4. The Father's position on custody is as follows: The Father believes that supervision is no longer necessary as he has been released from incarceration resulting from the criminal matters and is currently living with his parents. The Father was adamant that the charges of most concern to the Mother (child pornography) were dismissed during the criminal proceedings because they had no merit. The Father believes that there is absolutely no reason why he should not be able to have ongoing unsupervised contact with the Child. The Father expressed concern that the Mother is not permitting the Child to have contact with the Father's teenaged daughter from another relationship as well. The Father indicated that the Child is distressed, not due to the circumstances leading to the limitation of his custody, but by the fact that she is not able to see him except on a very limited basis at this time. 5. The Mother's position on custody is as follows: The Mother believes it is not in the Child's best interest to have contact with the Father beyond the limited supervised periods already in place at the YWCA. The Mother expressed concern about the circumstances underlying the criminal charges as she had been personally required to identify photographs on the Father's external hard drive. The Mother believes that although the charges of most concern were dropped, she believes that throughout her relationship with the Father there were early indications of a problem. The Mother emphasized that the Child is only six years old and has been completely sheltered from all of these circumstances related to the criminal charges. The Mother stated that the Child is not sufficiently mature or emotionally developed to understand the situation and the potential risks involved. When the possibility of an evaluation of the Father was suggested as a possibility at the conference, the Mother indicated that the evaluation result would not allay her concerns regardless of the conclusions due to her prior personal experience and perceptions that the Child would not be safe in the Father's care. The Mother seeks to continue the most recent Court Order limiting the Father's contact with the Child to supervised periods of custody at the YWCA. 6. The conciliator submits an Order in the form as attached scheduling a hearing in this matter and reflecting the arrangements for telephone calls between the Father and Child as agreed at the conference. It is anticipated that the hearing will require at least one-half day. The Father requests that the hearing be expedited due to the limited nature of his current contact with the Child. 14 Date Dawn S. Sunday, Esquire Custody Conciliator Courtney Kishel Powell, Esquire Attorney I.D. No. 81509 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff JAMES JOSEPH MURLIN, JR., Plaintiff/Petitioner V. J S Yz IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 09-6525 JESSICA ELSCHEID, : CIVIL ACTION -LAW Defendant/Respondent : IN CUSTODY MOTION FOR CONTINUANCE AND TO CHANGE VENUE AND NOW, comes the above-named Petitioner, James Joseph Murlin, Jr., by and through his counsel, Courtney Kishel Powell, Esquire and the law firm of James, Smith, Dietterick & Connelly LLP, and respectfully requests this Honorable Court to grant this Petition to Change Venue and in support thereof avers the following: Petitioner is James Joseph Murlin, Jr., (hereinafter referred to as "Father"), who resides at 2475 South 5th Street, Steelton, Dauphin County, Pennsylvania. 2. Respondent is Jessica Elscheid, (hereinafter referred to as "Mother"), who resides at 405 Hadleman Boulevard, New Cumberland, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one minor child, namely Makayla M. Elscheid-Murlin, born October 2, 2005. 4. The parties are scheduled to appear before Your Honor on June 14, 2012 at 9:00 a.m. for a custody trial, in light of Father's recent Petition to Modify Custody. 5. Undersigned counsel was previously scheduled to be in Criminal Court for Pre- trial Conferences at the date and time scheduled for the custody trial. 6. Undersigned counsel has spoken with Andrew Sheely, Esquire regarding this request, who advised that he does not oppose Petitioner's request to continue the custody trial, provided that the matter is not rescheduled during the period of July 4 - July 14, 2012, when he will be unavailable. WHEREFORE, for the foregoing reasons, undersigned counsel respectfully requests this Court to grant a continuance in this matter and reschedule the custody trial for a mutually convenient date and time for all parties and counsel. Motion to Change Venue 7. Averments one (1) through six (6) are incorporated herein by reference. 8. Petitioner suffers from and has been diagnosed with agoraphobia, a severe and disabling anxiety disorder. 9. Pursuant to the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, 4th Edition, (hereinafter referred to as "DSM-IV"), agoraphobia is "an anxiety about, or avoidance of, places or situations from which escape might be difficult (or embarrassing) or in which help may not be available in the event of having a Panic Attack or panic-like symptoms." Id., p. 429. 10. Agoraphobics can have "safe zones" within which they are free from panic attacks and can comfortably travel. Petitioner's "safe zone" encompasses about a ten (10) mile radius from his home in Steelton, Dauphin County, Pennsylvania. 11. The Cumberland County Courthouse is more than 25 miles from the Petitioner's home, which is outside of the Petitioner's "safe zone" 12. It would be an extreme and overwhelming hardship for the Petitioner to travel to and appear in the Cumberland County Courthouse for a custody trial in light of his agoraphobia. 13. As this Court may recall, due to his agoraphobia and anxiety disorder, Petitioner was unable to travel to the Cumberland County Courthouse to attend the emergency custodial hearing that occurred before Your Honor on February 10, 2011. 14. By way of further example, when Petitioner had to be taken to the Cumberland County Prison for processing following an arrest in February, 2011, the Petitioner had such a severe anxiety attack that Petitioner instead had to be taken to the emergency room at the Harrisburg Hospital, where he was heavily medicated before being transported. 15. In preparation for the Petitioner's criminal proceedings, Stanley E. Schneider, Ed.D. evaluated the Petitioner who confirmed Petitioner's diagnosis of agoraphobia and opined, "When restrictions on travel away from a defined area near home impair functioning, a diagnosis of agoraphobia is merited. Mr. Murlin fits this diagnosis." (See Letter to Terence J. McGowan, Esquire, by Stanley E. Schneider, Ed.D., dated January 20, 2012 attached hereto as Exhibit "A"). 16. As a result of Petitioner's agoraphobia diagnosis, Judge Masland, who presided over the criminal matter, permitted Defendant to participate in the criminal proceedings via webcast at Magisterial District Judge Charles Clement's office located on Bridge Street in New Cumberland in December, 2011 and January, 2012. 17. Petitioner would like the opportunity to participate in the custody trial in person, and not by webcast; however, in light of Petitioner's condition, he cannot travel to the Cumberland County Courthouse. 18. Petitioner requests that this Court grant his Motion to Change Venue and have the custody trial conducted at Magisterial District Judge Beckley's office in Camp Hill, Cumberland County, Pennsylvania, at a time that is mutually convenient for all parties, as that location is within Petitioner's "safe zone". 19. Undersigned counsel has discussed this matter with Attorney Sheely who does not oppose Petitioner's request to have the custody trial relocated to a venue where Petitioner can go, provided it is not out of Cumberland County. WHEREFORE, for the foregoing reasons, Petitioner respectfully requests this Honorable Court to grant this Motion to Continue and to Change Venue in the pending custody action. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: May 2012 By: Attorney I.D. #81509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff/Petitioner, James J. Murlin, Jr. EXHIBIT "A" JAN 2 4 2012 GUIDANCE ASSOCIATES OF PENNSYLVANIA an affiliate of Franklin Family Services, Inc. 412 Erford Road, Camp Hill, PA 17011 (717) 732-2917; FAX: (717) 732-5375 20 Briarcrest Square, Suite 205 Hershey, PA 17033 (717) 533-4312 www.GuidancePA.com January 20, 2012 Mr. Terence J. McGowan, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108 RE: James J. Murlin, Jr. Dear Mr. McGowan: I evaluated Mr. Murlin for the presence of an anxiety disorder. My initial interview with him was at your office on January 13, 2012. He reported experiencing panic attacks noting marked emotional and physical distress when he is to go places away from a defined geographic area where he feels safe. We discussed his meeting for a second interview at my office on Wednesday, January 18th, 2012. He was to try making a "dry run" over the weekend but was unable to do so. He attempted but failed to reach my office. A second interview was therefore conducted by telephone on January 18th, 2012. In discussing his experience when he attempted to drive to my office, he reported debilitating symptoms including hyperventilation, heart pounding, sweating, feeling dizzy and lightheaded. These symptoms are consistent with a panic disorder with agoraphobia. Mr. Murlin is prescribed medication for his chronic panic disorder. He continues to be treated for anxiety, panic disorder and depression by William A. Wewer, D.O., with only partial relief. Background history reflects Mr. Murlin beginning to experience anxiety and panic prior to age ten - although he did not know what it was and therefore did not seek treatment for it. Seen by a therapist at age 17, he continues in treatment addressing his reaction to being away from a small geographic radius. He can leave his house but has significant limitations regarding how far he can go. Page Two On February 2nd, 2011, he was taken to a local emergency room by ambulance. He was instructed to go directly from the district justice's office to Cumberland County Prison for processing. The emergency department report described Mr. Murlin as "...acutely anxious. He is shaking. He is almost inconsolable... he is agitated and is having a profound anxiety reaction." After being given a number of drugs, the report reflects the attending physician talking "...to the West Shore Police who agreed to allow the patient's father to drive him with them during (sic) behind as to prevent a recurrence of the anxiety reactions. When restrictions on travel away from a defined area near home impair functioning, a diagnosis of agoraphobia is merited. Mr. Murlin fits this diagnosis. A term of incarceration could result in an exacerbation of his long-standing condition, cause significant impairment of his already tenuous functioning, risk hospitalization and place a burden on the penal system for his care and treatment. T spectfully, l? Stanley E. Schneider, Ed.D. Psychologist SES/dk VERIFICATION I, James J. Murlin, Jr., verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Ja s J urlin, Jr. JAMES JOSEPH MURLIN, JR., : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 09-6525 JESSICA ELSCHEID, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE 1, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, James J. Murlin, Jr., hereby certify that I have served a copy of the foregoing Petition to Change Venue on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Andrew C. Sheely, Esquire 127 South Market Street P.O. BOX 95 Mechanicsburg, PA 17055 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: May, 2012 By: Courtney Kishel?ell Attorney I.D. #8 5 9 P.O. BOX 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff, James J. Murlin, Jr. JAMES JOSEPH MURLIN, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA ELSCHEID, DEFENDANT NO. 09-6525 CIVIL IN RE: MOTION FOR CONTINUANCE AND TO CHANGE OF VENUE ORDER OF COURT AND NOW, this 30th day of May, 2012, upon consideration of James Murlin's Motion for Continuance and to Change Venue; IT IS HEREBY ORDERED AND DIRECTED that the Motion for Continuance is GRANTED. Hearing on the matter will be held on Monday, July 30, 2012, at 9:30 a.m. IT IS FURTHER ORDERED AND DIRECTED that the James Murlin's Motion for Change of Venue is DENIED. Hearing on this matter will be held in Courtroom No. 2 of the Cumberland County Courthouse. James Murlin, Jr. will be permitted to participate in the hearing by means of video conferencing. Plaintiff Murlin will be responsible to arrange for such services and to pay for the same. By the Court, ?N -? M. L. Ebert, Jr., J. ? Courtney K. Powell, Esquire P--, Attorney for Plaintiff -?; Esquire ""Andrew C. Sheely r7j , Attorney for Defendant I o r t c1 "' bas es w c.? i7 se 1 -D JAMES JOSEPH MURLIN, JR., Plaintiff/Petitioner V. JESSICA ELSCHEID, Defendant/Respondent RULE TO SHOW CAUSE AND NOW, this 11 day of v ? V , 2012, upon consideration of Plaintiff/Petitioner's Motion in Limine, a Rule is hereby entered against the Defendant/Respondent, Jessica Elscheid, to show cause why the Motion should not be granted. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-6525 CIVIL ACTION - LAW IN CUSTODY Rule returnable in writing 10 days from the date of service. By the Court, Distribution: ? Courtney Kishel Powell, Esquire, P.O. Box 650, Hershey, PA 17033 ? Andrew C. Sheely, Esquire, 127 South Market Street, Mechanicsburg, PA 17055 4:es Ka.,/el 7/17//;, G -? a { ? 1 rv ---t 1 ' i rTj C f 4 =X ti? Andrew C. Sheely, Esquire Attorney for Defendant/Respondent 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net JAMES MURLIN, JR., Petitioner/Father VS. JESSICA ELSCHEID, Respondent/Mother FILED-OFFICE OF THE PROTHONOTARY 2012 JUL 27 PM 3' 59 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09 - 6525 : CIVIL ACTION - LAW : IN CUSTODY RRSWSR TO RULE TO SNOW CAUSE IN : PETITIONER' S MOTION OF LIMINN Defendant/Respondent Jessica L. Elscheid, by and through Andrew C. Sheely, Esquire, hereby files and submits this Answer to the Rule to Show Cause dated July 17, 2012 in Response to Petitioner's Motion in Limine, and respectfully states as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted with clarification. Respondent/Mother on her own behalf and through others intends to present testimony and evidence regarding certain charges, guilty pleas, and sentencing orders in association with the criminal charges, including testimony related to events associated with the criminal proceedings in Cumberland County, Pennsylvania. 6. Admitted with clarification. Respondent/Mother previously testified in Court as to her interviews with law enforcement officers, her observation of numerous pictures, videos and photographs presented to her during a criminal investigation of Petitioner/Father, including recorded videos of Respondent/Mother recorded, obtained and possessed by Petitioner/Father without her consent. By way of further answer, Petitioner/Father admitted to and enter pleas of guilty to various counts associated with his recorded videos of Respondent/Mother nude secured from Petitioner/Father's portable hard drive in the criminal proceedings, was sentenced by Judge Masland, was incarcerated (work release) and presently is on probation as a result of the filing of the criminal charges last year. 7. Denied. Respondent Mother believes and therefore avers that the criminal complaint filed against Petitioner Father included at least one charge of child pornography in association with the many pictures or photos obtained by law enforcement authorities in association with the criminal complaint/charges filed against Petitioner last year. 8. Denied. Respondent is without sufficient information to admit or deny the allegations contained in paragraph 8 of Petitioner's Motion in Limine, and therefore the allegations arc denied. By way of further answer, the averments contained in the Motion in Limine are not verified by Petitioner, that the averments of Paragraph 8 are unreliable considering the pictures were obtained from Petitioner's portable hard drive, that Petitioner was represented by defense counsel during the course of criminal proceedings wherein discovery was available and likely presented to Petitioner and where Petitioner voluntarily entered guilty pleas to recording and possession unauthorized videos obtained from his portable hard drive. 9. The allegations contained in paragraph 9 are conclusions of law to which no response is necessary. To the extent a response is necessary, the photographs, videos and pictures apparently remain in the possession of law enforcement agents and Respondent has issued a subpoena to Detective Sergeant Michael Cotton of the East Pennsboro Township Police Department who Respondent believes is in possession of the pictures, photos, videos, etc. obtained from Petitioner's portable hard drive. By way of further answer, the above- referenced proceeding is a custody case wherein the rules of evidence are within the sound discretion of the trial court, and where the credibility of Petitioner can be determined in his answers and direct questions as to those items stored on his portable hard drive, including items to which he entered variou guilty pleas within the past 8 months. 10. The allegations contained in paragraph 10 are conclusions of law to which no response is necessary. To the extent a response is necessary, the photographs, videos and pictures apparently remain in the possession of law enforcement agents and Respondent has issued a subpoena to Detective Sergeant Michael Cotton of the East Pennsboro Township Police Department who Respondent believes is in possession of the pictures, photos, videos, etc. obtained from Petitioner's portable hard drive. By way of further answer, the above- referenced proceeding is a custody case wherein the rules of evidence are within the sound discretion of the trial court, and where the credibility of Petitioner can be determined in his answers and direct questions as to those items stored on his portable hard drive, including items to which he entered various guilty pleas within the past 8 months. 11. The allegations (not verified by Petitioner) contained in paragraph 11 are conclusions of law to which no response is necessary. To the extent a response is necessary, the photographs, videos and pictures apparently remain in the possession of law enforcement agents and Respondent has issued a subpoena to Detective Sergeant Michael Cotton of the East Pennsboro Township Police Department who Respondent believes is I in possession of the pictures, photos, videos, etc. obtained from Petitioner's portable hard drive. By way of further answer, the above-referenced proceeding is a custody case wherein the rules of evidence are within the sound discretion of the trial court, and where the credibility of Petitioner can be determined in his answers and direct questions as to those items on his portable hard drive, including items to which he entered various guilty pleas within the past 8 months. WHEREFORE, Respondent/Mother respectfully request that this Honorable Court deny Petitioner/Father's Motion in Limine for the reasons set forth herein, or the alternative, address these issues during the custody hearing during the presentation of evidence and sworn testimony of the parties and proposed witnesses. Res'Rectfully submitted, Date: July V , 2012 Andrew C. Sheelg.,`Zgc*!kfe- PA ID 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheelv@verizon.net 3' 27/07 2012 1_3:2' CAF 717 214 1901 001 vmttrraR I verify that the statements made in this Amwer to the Rule to show Cause are true and correct. I understand that false statements herein are made Subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: July 27 , 2012 ` IC`A' yn 2 CERTIFICATE or Sam CE I, ANDREW C. SHEELY, hereby certify that I served true and correct copy of Defendant /Respondent Answer to Rule Show Cause upon counsel of record on the below listed date first class mail, postage prepaid, as follows: Courtney Rishel Powell, Esquire James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 July 27 , 2012 C. Sheely, ttorney JAMES MURLIN, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN' V. JESSICA ELSCHEID, DEFENDANT NO. 09-6525 CIVIL ORDER OF COURT AND NOW, this 30th day of July, 2012, this being the time and place set for a custody hearing in this matter, and counsel for Petitioner/Father having indicated that his client is suffering from a serious bout of agoraphobia and is unable to attend the hearing and having requested a continuance unopposed by Mother/Respondent, IT IS HEREBY ORDERED AND DIRECTED that the continuance is GRANTE The matter will be rescheduled subject to the call of the Father/Petitioner. IT IS FURTHER ORDERED AND DIRECTED that James Murlin, Jr., shall undergo a psychiatric evaluation and a copy of the report of the evaluation shall be provided to Mother's counsel. After review of the report, Mother's counsel may petitio the court for permission to conduct an additional psychiatric review by a psychiatrist her choosing at her expense. John Connelly, Jr., Esquire Attorney for Father By the Court, M. L. Ebert, Jr., ? Andrew Sheely, Esquire Attorney for Mother bas ?p`? '(col ? ?30?/?