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HomeMy WebLinkAbout02-5283PAULA I. MARTIN, Plaintiff LISA D. MARTIN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 02- CIVIL TERM COMPLAINT FOR CUSTODY The Plaintiff, Paula I. Martin, by her attorneys, the Family Laxv Clinic, sets forth the following cause of action: 1. The Plaintiff is Panla I. Martin, residing at 120 South Third Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant is Lisa D Martin, who currently resides in the Dauphin County Prison, 501 Mall Road, Harrisburg, Dauphin County, Pennsylvania 17111-1202. 3. Plaintiffseeks sole legal and physical custody of the following child: Name Demetri D. Martin Present Residence 120 South Third Street Lemoyne, Cumberland County, Pennsylvania 17043 Date of Birth Sept. 26,1996 The child was bom out of wedlock. The child is presently in the custody of Paula I. Martin, who resides at 120 South Third Street, Lemoyne, Cumberland County, Pennsylvania, 17043. During the past five years, the child has resided with the following persons and at the following addresses: Persons Panla I. Martin Lisa D. Martin Address 120 South Third Street Lemoyne, Cumberland County Pennsylvania 17043 Unknown Dates July 2001- Present Feb. 1999 - Feb. 2000 March 1998 - May 1998 Feb. 2000 - June 2000 May 1998 - Feb. 1999 Sep. 1996 - March 1998 NOTE: Between June 2000 and July 2001, the child went back and forth between Paula I. Martin and Lisa D. Martin several times. The Mother of the child is Lisa D. Martin, currently residing in the Dauphin County Prison, 501 Mall Road, Harrisburg, Dauphin County, Pennsylvania 17111-1202. She is single. The Father of the child is Nathaniel M. Irvining, whose residence is currently unknown. The father has never been involved in the child's life. His marital status is unknown. The Mother of the child and the Father of the child were never marhed. 4. The relationship of the Plaintiffto the child is that of maternal aunt. She has acted in loco parentis for much of the child's life. The Plalntiffresides with the following persons: Name Frank Martin, Sr. Shaquana Martin Frank Martin, Jr. Demetri D. Martin Relationship Husband Daughter Son Nephew NOTE: Frank Martin, Sr. is not seeking custody of the child with Plaintiff because he is terminally ill and bed-ridden. Therefore, he is unable to participate in the custody proceedings or in the care of the child. However, he does support Plaintiff in her attempt to gain custody of the child. 5. The relationship of Defendant to the child is that of Mother. The Defendant cun'ently resides in the Dauphin County Prison, 501 Mall Road, HanSsburg, Dauphin County, Pennsylvania 17111-1202. 6. Plaintiff has not paiticipated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another corot. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know the whereabouts of the child' s biological father. The Father has never seen the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Defendant is an alcoholic and a drug abuser and has abused drugs in front of her children. Defendant has repeated a pattern of seeking treatment and taking care of her children for a few months, then succumbing to drug use and leaving her children with Plaintiff. b) Defendant is currently in Dauphin County Prison for a parole violation for a simple assault charge which occurred before the child was bom. Since the child was bom, Defendant has been in prison several times for various parole violations including, but not limited to: not reporting to her parole officer, not paying fines, and an additional charge of making terroristic threats against Plaintiff and Plaintiff's children in March of 200 i. Defendant's earliest release date is December of 2003. c) When Defendant was not in prison, she resided with the child and a boyfriend in a one room apartment which was described as being in "less than desirable condition" by the Dauphin County Children and Youth Services. d) In July of 2001, the Dauphin County Children and Youth Services was called by neighbors of Defendant when they heard the child s creaming because Defendant had passed out due to a medical condition. Children and Youth Services arranged for the Plaintiff to take care of the child while Defendant was in the hospital. Defendant disappeared after leaving the hospital and Plaintiff has cared for the child ever since. e) The child is experiencing behavioral and intellectual delays. The child is cun'ently diagnosed with a learning disability, hyperactivity, anger management problems, and speech impairment. f) Plaintiff has enrolled the child in several educational and treatment program and is also under the care and treatment of a psychiatrist. g) Since the child's enrollment in the treatment programs, he has experienced improvement with his speech impaimqent to the point where the impairment is almost non-existent. h) Dauphin County Children and Youth Services have informed Plaintiff that the child' s best interests would be se~wed by Plaintiff having primary custody of the child. i) Plaintiff lives in a four bedroom house with her husband, her two children and the child. The children treat the child as they would their own brother. j) Plaintiff has enrolled the child at Washington Heights Elementary School. Ho~vever, the school needs documentation that Plaintiff has custody of the child to allow him to remain enrolled. k) Plaintiff has acted in locoparentis for the majority of the child's life and has provided the only stable environment that the child has ever known. child. Date: WHEREFORE, Plaintiffrequests the court to grant sole legal and physical custody of the Le,~h M. Dav~npJrt /" - ~ Certified Legal Intern TRO~ ~ PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CL1NIC 45 North Pitt Street Carlisle, PA 17013 717~243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I tmderstand that false statements herein are made subject to the penalties of 18 Pa. CS 4904, relating to unswom falsification to authorities. Date: /gT- ~ 9/-0~0' Paula I. Martin, Plaintiff PAULA I. MARTIN, Plaintiff LISA D. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 1N CUSTODY NO. 02- CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERI~; To the Prothonotary: Kindly allow Paula I. Martin, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauper/s, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date_~ ~_[ / Respectfully submitted ~ L6ah M. Da/qenport ~ '~ Certified Legal Intern ROBERTX}~. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717q243_2968 PAULA I. MARTIN PLAINTIFF LISA D. MARTIN DEFENDANT IN rIl-lE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-5283 CIVIL .ACTION LAW : iN' CUSTODY : ORDER OF COURT AND NOW, Wednesday, November 06, 2002 _, upon cortsideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, December 04, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard hy 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours 1)riot to scheduled hearinl~. FOR THE COURT, By: /s/ ]acqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is requited 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 171)13 Telephone (717) 249-3166 PAULA I. MARTIN, Plaintiff LISA D. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMiBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 02-5283 CIVIL TERM AFFIDAVIT OF SERVICE I, Betty L. Cobb, hereby certify that I am a competem adult and that I served a true and correct copy of the Complaint for Custody on the Defendant, Lisa D. Martin, at The Program for Female Offenders, Inc., Woodside Family Center, 451 Mall Road, Harrisburg, Dauphin County, Pennsylvania 17111. Service was complete upon receipt by Lisa D. Martin on the~,gnt[ day of November, 2002. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Betty L. ~_~bb information was confirmed by her counselor. She presently works full time at Burger King. She is scheduled to be released in December 2003, b~at could be released earlier for good behavior. She seeks shared legal custody and primary physical custody with Father. She is willing to let Father have the child while she is in the work release facility. She believes that aunt is attempting to take the child from her wlhich she disagrees with. 5. Father's position on custody is as follows: he resides in Harrisburg with his Mother. He earns $16.00/hr working as a roofer. He maintains that he has been paying child support, although maternal aunt and mother deny receiving any child support. Father has not seen the child for over a year, but indicated that prior to that he and mother were able to agree to his periods of custody. He: is seeking shared legal and primary physical custody with mother with a phased in period for the child to adjust to the arrangement. He too feels aunt is trying to take the child away from his parents. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parties shared legal, with aunt maintaining primary physical custody and the parents having a phased in period of partial physical custody. It is expected that the Hearing will require one half day. Date ~acq~eline M. Vemey, Esquire Custody Conciliator ZOO? PAULA I. MARTIN, Plaintiff V. LISA D. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5283 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT. AND NOW, this GJP, n day of ~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearine is scheduled in Court Room No. 2~_~_ , of the Cumberl,and testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandun~ 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 agreemen~I of the parties, the following shall remain in effect: 3. The Maternal Aunt, Paula I. Martin, the Mo~Iher, Lisa D. Martin, and the Father, Nathaniel M. Irvin, shall have shared legal custody of Demetri D. Martin, born September 26, 1996. Each party shall have an equal right, to be exercised jointly with the other parties, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Maternal Aunt, Paula I. Martin, shall have primary physical custody of the Child. 5. Mother and Father shall have periods of partial physical custody of the Child as follows: A. Beginning Saturday, December 7, 2002 from 11:00 a.m. to 5:00 p.m. B. Saturday, December 21, 2002, from 11:00 a.m. to 5:00 p.m. C. December 25, 2002, from 1:00 p.m. to 9:00 p.m. D. Beginning Saturday, January 4, 2003 ow,~might from 11:00 a.m. to Sunday January 5, 2003 at I 1:00 a.m. E. January 18, 2003 at 11:00 a.m. to January 19, 2002 at 11:00 a.m. F. Beginning Friday, January 31, 2003 overnight at 6:00 p.m. to February 2, 2003 at 11:00 a.m. and continuing thereafter on the same schedule on alternating weekends. G. Such other times as the parties agree. 6. Father shall be responsible for all transportation unless otherwise agreed by the parties. 7. 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. cc~/l~eah M. Davenport, Certified Legal Intern, Robert E. Rains, Esquire, Family law Clinic v/Lisa D. Martin, pro se Woodside Family Center 451 Mall Road Harrisburg, PA 17111-1202 v~Nathaniel M. Irvin, pro se 625 Wiconisco Street Harrisburg, PA 17110 PAULA I. MARTIN, Plaintiff LISA D. MARTIN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-5283 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND CO~UNTY 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 Demetri D. Martin DATE OF BIRTH CURRENTLY 1N CUSTODY OF September 26, 1996 Maternal Aunt 2. A Conciliation Conference was held in this matter on December 4, 2002, with the following individuals in attendance: Maternal Aunt, Paula I. Martin, with her counsel, Leah Davenport, Certified Legal Intern and Robert iE. Rains, Esquire of the Family Law Clinic; Mother, Lisa D. Martin, pro se; Father, Nathaniel M. Irvin, pro se. 3. Maternal Aunt's position on custody is as follows: she has acted in loco parentis to the child for most of his life. The child has been in her care and custody continuously since July 2001 when Mother voluntarily placed him with her and her husband (now deceased) while Mother was incarcerated. Maternal Aunt has obtained necessary services for the child for his speech impairment, ADHD and anger management. Aunt asserts that Mother has had linfited contact with the child and Father has had no contact with the child since July, 2001. Aunt is seeking sole legal and physical custody of the Child. 4. Mother's position on custody is as follows: she presently resides at the Woodside Family Center in Dauphin County on work release. She is able to have her son live with her at the facility. The facility has a staff person present at all times. This PAULA I. MARTIN, Plaintiff V. LISA D. MARTIN, Defendant - IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 02-5283 CIVIL TERM UNCONTESTED PETITION TO JOIN PARTY Now comes the Petitioner, Paula I. Martin ("Aunt"), by her attorneys, the Family Law Clinic, pursuant to 23 Pa.C.S. §5351 and PaR.CP. 1915.6, and petitions the Court to join Nathaniel Irvin ("Father") as a party to this action. Petitioner avers that: 1. Nathaniel Irvin is the Father of the Child and should be joined as a party to this action pursuant to 23 Pa.C.S. §5351 and Pa.R.C.P. 1915.6. 2. On October 31, 2002, Petitioner filed for custody of Demetri D. Martin ("Child"), bom September 26, 1996. Petitioner is the paternal aunt of the child. At the time she filed for custody, Petitioner listed the Father's name as it appeared on the Child's birth certificate-"Nathaniel Irvining." She did not know that the correct spelling of the Father's name was Nathaniel Irvin. In addition, she did not know his residence, and she did not know that he had been involved in the Child's life. 3. At the Custody Conciliation held on December 4, 2002 at 9:30 A.M., Petitioner met Father for the first time when Father made an appearance with Defendant Lisa D. Martin and asserted his limited parental rights. He also provided Petitioner his current address. 4. Counsel for Petitioner advised Father that he needed to be joined as a party to this custody action and Father concurred. 5. On December 6, 2002, this Court issued a temporary Order for custody of the Child, a true and correct copy of which is attached hereto. 6. That Order scheduled a hearing on this matter in Court Room Number 5, of the Cumberland County Court House, on the 16t~ day of January, 2003, at 1:00 P.M. Aunt will serve the attached Order and this Petition to Join Party upon Nathaniel kvin of 625 Wisconisco Street, Harrisburg, Dauphin County, Pennsylvania 17110, when such Order is entered. 7. Petitioner is appending a copy of all prior pleadings related to custody in this case, docketed No. 02-5283, pursuant to Pa.R.C.P. 1915.6, which include: Order of Court dated 12/12/02 Affidavit of Service dated 11/25/02 Order of Court dated 11/7/02 Complaint for Custody filed 10/31/02 8. At the Custody Conciliation held on December 4, 2002 at 9:30 A.M., Defendant, Lisa D. Martin also concurred that Nathaniel Irvin be joined as a pa~y to this custody action. WHEREFORE, Petitioner requests that the Court enter an Order that Nathaniel Irvin be joined as a party in this custody action and direct him to appear at the Custody Hearing on January 16, 2003. ~_~da~ M. DaVenport ~ Certified Legal Intern Thomas__~vl~ Pl'~c~ Robert ~l¢~ains Lucy Johnston-Walsh, Supe~ising A~omeys FAMILY LAW CL~C 45 No~h P:i~ Street C~lisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this petition are tree and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Paula I. Maxtin PAULA I.~MARTIN, Plaintiff · V. LISA D. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5283 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~'~ day of ~ ,2002, upon consideration of the attached Custody Conciliation Report, il: is ordered and directed as follows: 1. A Hearing is scheduled in Court Room. No. -..~., of the Cumberland County Court House, on the ~,,4a' day of ~} . ,~,~'~r,. ,2003, at I,'~ * o'clock, J) .M., at which time testimony will be taken, for purposes of this Heating, the Maternal'Aunt 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 a~aticipated 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 Maternal Aunt, Paula I. Martin, the Mother, Lisa D. Martin, and the ' Father, Nathaniel M. Irvin, shall have shared legal custody o.f Demetri D. Martin, born September 26, 1996. Each party shall have an equal right, to be exercised jointly with the other parties, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Child. Maternal Aunt, Paula I. Martin, shall have primary physical custody of the 5. Mother and Father shall have periods of partial physical custody of the Child as follows: A. Beginning Saturday, December 7, 2002 fi:om 11:00 a.m. to 5:00 p.m. B. Saturday, December 21, 2002, from 11:00 a.m. to 5:00 p.m. C. December 25, 2002, from 1:00 p.m. to 9:00 p.m. RECEIVED DEC 1 2 21102 o by the parties. D. Beginning Saturday, January 4, 2003 overnight from 11:00 a.m. to Sunday January 5, 2003 at 11:00 a.m. E. January 18, 2003 at 11:00 a.m. to January' 19,'2002 at 11:00 a.m. F. Beginning Friday, January 31, 2003 overnight at 6:00 p.m. to February 2, 2003 at 11:00 a.m. and continuing thereafter on the same schedule on alternating weekends. G. Such other times as the parties agree. Father shall be responsible for all transportation unless otherwise agreed 7. 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. Jo cc: Leah M. Davenport, Certified Legal Intern, Robert E. Rains, Esquire, Family law Clinic Lisa D. Martin, pro se Woodside Family Center 451 Mall Road Harrisburg, PA 17111-1202 Nathaniel M. Irvin, pro se 625 Wiconisco Street Harrisburg, PA 17110 TRUE cOPY FROM RECORD In T~st[mony whereo'[ ! here unto set my hand. and.the r~al of saitt ¢~ourt at Carlisle, Pa. PAULA I. MARTIN, Plaintiff Vm LISA D. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-5283 CIVIL TERM : : CIVIL ACTION -LAW : IN CUSTODY PRIOR JUDGE: None 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 Demetri D. Martin DATE OF BIRTH CUPCRENTLY IN CUSTODY OF September 26, 1996 ' Materna! Aunt 2. A Conciliation Conference was held in this matter on December 4, 2002, with the following individuals in attendance: Maternal Aunt, Paula I. Martin, with her counsel, Leah Davenport, Certified Legal Intern and Robert E. Rains, Esquire of the Family Law Clinic; Mother, Lisa D. Martin, pro se; Father, Nathaniel M. Irvin, pro se. 3. Maternal Aunt's position on custody is as follows: she has acted in loco parentis to the child for most of his life. The child has been in her care and custody continuously since July 2001 when Mother voluntarily placed him with her and her husband (now deceased) while Mother was incarcerated. Maternal Aunt has obtained necessary services for the child for his speech impairment, ADHD and anger management. Aunt asserts that Mother has had limited c,ontact with'the child and Father has had no contact with the child since July, 2001. Aunt is seeking sole legal and physical custody of the Child. 4. Mother's position on custody is as follows: she presently resides at the Woodside Family Center in Dauphin County on work release. She is able to have her son live with her at the facility. The facility has a staff person present at ali times. This information was confirmed by her counselor. She presently works full time at Burger King. She is scheduled to be released in December 2003, but could be released earlier for good behavior. She seeks shared legal custody and primary physical custody with Father. She is willing to let Father have the child while she is in the work release facility. She believes that aunt is attempting to take the child from her which she disagrees with. 5. ' Father's position on custody is as follows: he resides in Harrisburg with his Mother. He earns $16.00/hr working as a roofer. He maintains that he has been paying child support, although maternal aunt and mother deny receiving any child support. Father has not seen the child for over a year, but indicated that prior to that he and mother were able to agree to his periods of custody. He i,s seeking shared legal and primary physical Custody with mother with a phased in periocl for the child to adjust to the arrangement. He too feels aunt is trying to take the child away from his parents. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parties shared legal, with aunt maintaining primary physical custody and the parents having a phased in period of partial physical custody. It is expected that the Hearing will require one half day. Date Custody Conciliator PAULA I. MARTIN, Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA LISA D. MARTIN, ' Defendant · NO. CIVIL ACTION - LAW IN CUSTODY 02-5283 CIVIL TERM ORDER AND NOTICE A complaint has been filed in the Court of Common Pleas of Cumberland County concerning custody, partial custody and visitation of Demetri D. Martin. The Court has learned you, Nathaniel Irvin, may have a legal interest in custody, partial custody, or visitation of the child named. A hearing will be held in Courtroom Number 5 of the Court of Common Pleas, Cumberland County Court House on the )6th qtay of January? 2003~ at 1:00 P.M. If you wish to have custody, partial custody, or visitation of the child or wish to present evidence to the Court on those matters, you should appear at the place and time and on the date above. If you wish to claim the right of custody, partial custody or visitation, you may file a counterclaim. If you fail to appear as provided by this order or to bring the child, an order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. This Order now joins you as a party to the above captioned custody action. Date J. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 heating or business before the court. You must attend the scheduled conference or hearing. PAULA I. MARTIN V. LISA D. MARTIN · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : · NO. 2002-5283 CIVIL TERM ORDER OF COURT AND NOW, this 16TM day of JANUARY, 2003, at the request of Defendant's counsel the hearing scheduled for January 16, 2003, in the above captioned matter is hereby continued until FRIDAY, FEBRUARY 2B, 2003, at B:30 a.m. in Courtroom # 5. By the Court, Edward E. Guido, .1. ~_/~amily Law Clinic 45 North Pitt Street Carlisle, Pa. 17013 u/loan Carey, Esquire Mid-Penn Legal Services 8 Irvine Row Carlisle, Pa. 17013 Ol-lq-o-~ :sld PAULA I. MARTIN, Plaintiff LISA D. MARTIN, Defendant Vo NATHANIEL M. IRWIN, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 02-5283 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of February, 2003, the attached custody agreement is incorporated as an Order of this Court modified as follows: 1. Mother and Aunt will share custody of the Child on a holiday schedule as agreed upon between them. 2. During the summer months, visitation with the noncustodial party, whether it be Mother or Aunt, shall be as agreed upon between Mother and Aunt. Father may visit with the Child as agreed upon among the parties. If Father is in disagreement with any provisions of this Order, he may petition this Court for a hearing. In all respects, the custody agreement shall be deemed to be an Order ofthis~ Edward E. Guido, J. Leah M. Davenport, Certified Legal Intern Robert E. Rains, Esquire The Family Law Clinic For the Plaintiff Joan Carey, Esquire Mid-Penn Legal Services For the Defendant srs Nathaniel M. Irvin 625 Wiconisco Street Harrisburg, PA 17110 Additional Defendant, Pro se 60 :S .... "'"' PAULA I. MARTIN, Plaintiff V. LISA D. MARTIN, Defendant and NATHANIEL M. IRVIN, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 02-5283 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this ~ ~ ~ ~ day of ,2003, between Paula I. Martin, (hereinafter "Aunt"), and Lisa D. Martin, (hereinal%r "Mother"), concerns the custody of the child, Demetri D. Martin, born September 26, 1996, (hereinafter "Child"). Nathaniel M. Irvin, the father ofDemetri D. Martin, is not a participant in this agreement in any way. Aunt and Mother desire to enter into an agreement as to the custody of the Child. Aunt and Mother agree to the following: 1. Aunt and Mother shall have shared legal custody of the Child. 2. Aunt shall have primary physical custody of the Child during the school year. Mother shall have partial physical custody of the Child during the school year as follows: Mother shall have physical custody every weekend, from 2:00 p.m. Saturday to 6:00 p.m. Sunday. Prior to each weekend, Mother shall contact Aunt if she would like to extend her weekend hours, and Aunt shall not um'easonably refuse. If Mother does not appear for two weekends in a month, without good cause, Mother shall have physical custody only on alternating weekends from 2:00 p.m. Saturday to 6:00 p.m. Sunday. Good cause shall include problems with transportation or employment, so long as Mother informs Aunt of this problem prior to her scheduled custody periods. 3. Aunt and Mother shall have shared physical custody of the Child during the summer as follows: Mother shall have physical custody during alternating two week periods beginning and ending on Saturdays at 2:00 p.m. for the Child's summer vacation from school. 4. Mother shall not be under the influence of alcohol or illicit drugs while the Child is in her custody. 5. Mother shall pick up and drop off the Child on time. Mother shall call Aunt in advance if she is unable to pick up or drop off the Child on time due to an emergency. 6. Transportation shall be provided by Mother, unless otherwise agreed to by the parties. It is Mother's responsibility to inform Aunt prior to Mother's periods of physical custody of any transportation problems. Beginning in April, 2003, the Child will have a T-Ball game each Saturday, and whoever has the Child shall ensure his attendance. Aunt shall assist Mother with transportation of the Child to and fi.om the game when Mother has custody. 7. Each party shall have reasonable telephone contact with the Child during the periods when the Child is not in the custody of that party. 8. The parties shall keep one another advised of their current address and telephone number and the names of any individuals with whom they are residing. 9. Each party will notify the other of all medical care and educational support systems the Child receives while in that party's care. Each party will notify the other immediately of medical emergencies which arise while the Child is in that party's care. 10. Neither party shall do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love or affection for the other party. 11. It is the intention of the parties to allow Mother to receive primary physical custody of the Child, if she follows this agreement through the summer. However, if the parties fail to come to an agreement as to the custody of the Child, either party may request that a custody conciliation be scheduled in August, 2003, before the start of the 2003-2004 school year. 12. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. They may modify this agreement by mutual consent. In the absence of such mutual consent, the terms of this Order shall control. Mid-Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Counsel for Lisa D. Martin, Defendant Paula I. Martin LeahM Dav[npon - '1~ - Ce~ified Legal Intm TH~A~' ROBERT E. ~INS LUCY JOHNSTON-WALSH Supe~ising Attorneys THE FAMILY LAW CLINIC 45 No~h Pi~ S~eet C~lisle, PA 17013 (717) 243-2968 Counsel for Paula I. M~in, Plaimiff