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HomeMy WebLinkAbout02-1368Jol~nson, Duffle, Stewart & Weidner By: MarkC. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DEANA LYNN MURLATT, Plaintiff V. LAMONT LEE MAHONEY, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this I'~' day of March 2002, comes Plaintiff, DEANA LYNN MURLATT, by and through her undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is Deana Lynn Murlatt, hereinafter referred to as "Mother," and currently resides at 425 Seventh Street, Second Floor, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is Lamont Lee Mahoney, II, hereinafter referred to as "Father," and currently resides at 1933 Lenox Street, Harrisburg, Dauphin County, Pennsylvania 17110. 3. Mother seeks full physical custody of the following child: Lamont Lee Mahoney, III, whose date of birth is September 17, 2001. 4. The child was born out of wedlock. 5. The child is presently in the sole custody of Mother. 6. During the past five (5) years, the child has resided with the following persons at the following addresses: a. From birth until February 15, 2002, with Mother and Father at 425 Seventh Street, Second Floor, New Cumberland, Cumberland County, Pennsylvania. b. From February 15, 2002, through the present, with Mother at 425 Seventh Street, Second Floor, New Cumberland, Cumberland County, Pennsylvania. 7. The Mother of the child is the Plaintiff. She currently resides at 425 Seventh Street, Second Floor, New Cumberland, Cumberland County, Pennsylvania 17070. She is not married. 8. The Father of the child is the Defendant. He currently resides at 1933 Lenox Street, Harrisburg, Dauphin County, Pennsylvania 17110. He is not married. 9. The relationship of the Plaintiff to the child is that of natural mother. Mother currently resides with no one other than the minor child on a full-time basis. 10. The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with his mother, Donna Marsh, and his step-father, Charles Marsh. 11. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other Court. 12. Mother has no information of a custody proceeding concerning the child pending in any court in this Commonwealth or in any other state. 13. Mother does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: a. Mother has been and will continue to be the primary caregiver of the minor child. b. The parties intend to enter into a Custody Stipulation reflecting that the relief requested herein by Plaintiff in fact is in the best interest and permanent welfare of the child. 15. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Mother respectfully requests this Honorable Court enter an Order in Custody as follows: Full physical custody of the child shall be with Mother. Mother and Father shall have shared legal custody of the child. :155404 Respectfully submitted, JOHNSON, DUFFLE, STEW~-T--&,WEIDNER P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff VERIFICATION I, DEANA L. MURLATT, do verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: Deana L. Mudatt DEANA LYNN MURLATT : : PLAINTIFF 1N THE COURT OF COMMON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA 02-1368 CIVIL ACTION LAW LAMONT LEE MA_HONEY, II DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Monday, March 25, 2002 , 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 Wednesday, May 01, 2002 at 10:00 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing· FOR THE cOURT, By: /s/ Dawn S. Sunday. Esq.~/~a 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff DEANA LYNN MURLA'I-f, Plaintiff V. LAMONT LEE MAHONEY, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION AND NOW, this g¢~' day of /~?,,I 2002, DEANA LYNN MURLATT hereinafter referred to as "MOTHER," and LAMONT LEE MAHONEY, II, hereinafter referred to as "FATHER," hereby enter into this Custody Stipulation with respect to their minor child, LAMONT LEE MAHONEY, II1. 1. Mother is Deana L. Murlatt, Plaintiff in the above-referenced matter. 2. Father is Lamont L. Mahoney, II, Defendant in the above-referenced matter. 3. Mother and Father are the natural parents of one (1) minor child, Lamont Lee Mahoney, III, whose date of birth is September 17, 2001. 4. Legal custody of the minor child shall be shared by both parents. Each parent shall have the right to participate in the major decisions affecting the child, including, but not limited to, medical, religious, and educational decisions, and each parent shall have equal access to medical, dental, and school records, the residence address of the child, and of the other parent. The party having physical custody of the child shall provide to the other parent advanced information on a timely basis regarding school programs, events, meetings, and teacher conferences involving the child. 5. Full physical custody of the minor child shall be with Mother. 6. The parties hereto intend that this Stipulation shall be made into an Order of Court, and shall override any previous custody agreements or Orders which may have been in effect. IN WITNESS WHEREOF, the parties hereto, each intending to be legally bound, have caused this Custody Stipulation to be signed and delivered as of the day and year first written above, Deana L. Mudatt By: Lamont L. Mahoney, II :155418 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoync, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DEANA LYNN MURLA'I-I', Plaintiff V. LAMONT LEE MAHONEY, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1368 CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICF I, LAMONT LEE MAHONEY II, hereby accept service of the Custody Complaint. I certify that I am the Defendant in the above-captioned action and as such, am authorized to accept service of the ~ Complaint. (~ -~.~ :157473 DEANA LYNN MURLATT, Plaintiff VS. LAMONT LEE MAHONEY, II, Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1368 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 1sv day of May, 2002, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement of parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for May 16, 2002 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator DEANA LYNN MURLATT, Plaintiff V. LAMONT LEE MAHONEY, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1~ CIVIL ACTION - LAW IN CUSTODY AND NOW, this ~'"day of ~ 2002, upon agreement of the parties hereto, the attached Custody Stipulation is hereby made into an Order of Court. DEANA L. MURLATT, PLAINTIFF Vo LAMONT L. MAHONEY, II, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 1368 CIVIL TERM CIVIL ACTION - LAW CUSTODY PRAECIPE TO ENTER APPEARANCE AS PLAINTIFF'S COUNSEL TO THE PROTHONOTARY: Please enter the appearance of Steven Howell, Esquire on behalf of the Plaintiff, Deana L. Murlatt. Respectfully submitted, BY: ~ H owell~ Esq~ J619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mall addressed as follows: Arthur K. Dils, Esquire Dils & Dils 1017 North Front Street Harrisburg, PA 17102 Date: August 29, 2002 DEANA L. MURLATT, Plaintiff Vo LAMONT L. MAHONEY, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1368 CIVIL TERM LAMONT L. MAHONEY, JR., Plaintiff DEANA MURLATT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4397 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of March, 2003, it appearing that the above captioned cases involve the same parties and the same minor child., the cases are consolidated to No. 02-4397 Civil Term. Steven Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 Attorney for Deana L. Murlatt Jeanne B. Costopoulos, Esq. 5000 Ritter Road, Suite 202 P.O. Box 779 Mechanicsburg, PA 17055 Attorney for Lamont L. Mahoney, Jr. BY THE COURT, J[~esley Ole~t~., ' ~J. :rc