Loading...
HomeMy WebLinkAbout00-02209IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Tamilla A. Martin, Plaintiff VERSUS Ollie B. Martin, III, Defendant N 0. 2000 2209 DECREE IN DIVORCE; PA ABA Ak& AND NOW, 2004 , IT IS ORDERED AND DECREED THAT Ta a a A. Martin , PLAINTIFF, AND Ollie B. Martin, III ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; It is further ordered that the Plaintiff shall pav the PROTHONOTARY costs of this proceeding. ?°??' ? ?'`??" ?""'J Aso<?•i owl"IFNWRO, 11 _. ate. ,.,I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tamilla A. Martin, Civil Action-Law Plaintiff v. 2000 - 2209 Ollie B. Martin, 111, Defendant In Divorce a v.m. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d). 2. Date and manner of service of the complaint: hand-delivery by Constable on April 20, 2000. 3. (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: December 8, 2003. (2) Date of service of the plaintiff's affidavit upon the defendant: December 15, 2003. 4. Related claims pending: none. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: D cember 15, 003, by certified mail, adequate postage attached, to Ollie B. Martin, V / Al /? Attorney at Law 39 North Second Street P.O. Box 362 Chambersburg, PA 17201 (717) 267-2921 Attorney Id. No. 69294 .,? I mill 1111 INN 1. 141,111 11 ?"I 1 1 1 1 -lingo MEN I WOMEN l7 ? T j ??? r. ? ?r ,? - 3 °' ? ?;_: -nm ? ' r,5:; rv c?? %'r: , ' --- :=i ,_? ? C ?v `, r.}? =s ?. ?,??«??« ,???, ??,.o- . ,,?.?? ,??? rev., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tamilla A, Martin, Civil Action-Law Plaintiff v. 2000 - 2209 Ollie B. Martin, III, Defendant In Divorce a v.m. NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Ollie B. Martin, III You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after January 5, 2004, the other parry can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA only) or 717-238-6715 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tamilla A. Martin, Civil Action-Law Plaintiff v. 2000 - 2209 Ollie B. Martin, III, Defendant In Divorce a v.m. COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b) but not both: (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (If you have checked (b), check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. Check either (a) or (b) but not both: (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of perjury contained in 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: Ollie B. Martin, III NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. N O - r ' . . ` . -OM _ o _ l? `- « c"I .s_ ... ?„f.?.l?C?-°I?-?M9rwrrN3Si N9?9fl9R?PPC?-. . ?,? TAMILLA A. MARTIN, Plaintiff V. OLLIE B. MARTIN, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-.2o2p9 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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, Pennsylvania 17013 (717) 249-3166 TAMILLA A. MARTIN, Plaintiff V. OLLIE B. MARTIN, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- -7^2-69 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Tamilla A. Martin, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Tamilla A. Martin, is an adult individual who currently resides at 6 Koser Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Ollie B. Martin, III, is an adult individual who currently resides at an unknown address in Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 18, 1993 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America of its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Tamilla A. Martin, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Respectfully Date: 4-( (_00 Thomas S. Diehl Attorney for the Plaintiff 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAY I'll 711--l-1-- am TAMILLA A. MARTIN, Plaintiff V. OLLIE B. MARTIN, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. TAMILLA A. MARTIN, Plaintiff I TAMILLA A. MARTIN, Plaintiff V. OLLIE B. MARTIN, III, Defendant i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2209 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 24 h day of April 2000, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Tamilla A. Martin, and states that a copy of the Complaint in Divorce was hand- delivered to the Defendant, Ollie B. Martin, III, by Pennsylvania State Constable, Jonathan T. Billet, at the Defendant's place of employment. An affidavit of service is attached, indicating that service was made on April 20, 2000. Respectfully Thomas S. Diehl Attorney for the Plaintiff 401 East Loutber Street, Suite 103 Carlisle, PA 17013 (717) 240-0833 (717) 240-0893 - FAX PENNSYLVANIA STATE CONSTABLE JONATHAN T. BILLET (717) 571-3428 DATE: 04(Ai l ao, J060 DATE OF SERVICE: 4Pai/ or a.o 00 TIME OF SERVICE: 6' 37/4rl LOCATION OF SERVICE: J-Qak on R73y DOCUMENTS FOR: O//r? 6 /?/ta?riN 1 PERSON ACTUALLY SERVED: 011tf Q 44aen 7;E REMARKS: l/e Jll - # PFD+arypya.:ry?erez S'.P9961' d@5N@ ,lip WRIPROPIN" 1,111, 1 1' TAMILLA A. MARTIN, Plaintiff V. OLLIE B. MARTIN, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2209 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. The parties of this action separated on ?2rner /i fg99> and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 unworn falsification to authorities. Date: ?. (, o`Z©0.3 C>/ ;A. /.C_ A r A/QMIL LAA. MARTIN, Plaintiff JUN 112003 no IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tamilla A. Martin, Civil Action-Law Plaintiff v. 2000 - 2209 Ollie B. Martin, III, Defendant In Divorce a v.m. CERTIFICATE OF SERVICE I, Julie G. Dorsett, hereby certify that on December 9, 2003, I served a true and correct copy of the Affidavit and Notice Under Section 3301(d), Notice of Intention to Request Entry of Divorce Decree and Counter-Affidavit in the above-captioned matter upon the Defendant by certified mail, return receipt requested to the Defendant, addressed as follows: Mr. Ollie B. Martin, III Cumberland County Prison 1101 Clairemont Road Carlisle, PA 17013 The receipt for the certified mail was received by the office of the undersigned on December 15, 2003, and was post-marked on the reverse side of said receipt on December 12, 2003, signed by an agent for the Defendant which is attached hereto and is incorporated herein evidencing said service. 39 North Second Street P.O. Box 362 Chambersburg, PA 17201 (717) 267-2921 Attorney Id. No. 69294 m Ji,&a D& n e , 12003 U. E CD / 111 Postage $ 16? C3 to Certified Fee Z. ?j 0 rn Postmark Return Receipt Fee (, 75 Here C3 (Endorsement Required) C3 O Restricted Delivery Fee a (Endorsement Required) M Total Postage & Fees $ y 'Sentro Ollie B. Martin, III a S---------••----•----- treet, Apt. N N arPOea No. 1101 Clairmont Road _ C3 city, state, nP+'Carlisle, PA 17013 P ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. - ¦ Pant your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, CC on the front if space permits. A. L Date of Delivery 1. Article Addressed to: Mr. Ollie B. Martin Cumberland County Prison 1101 Clairent Road Caklisle, PA 17013 2. Article Number (Copy from service lab 7002 04 PS Form 3811, July 1999 Domestic IR, A ,.. 1 , ,r: _ _ /?AIL?..4i ? Agent J? ? A% D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type IN Certified Mail ? Express Mall ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (E#ra Fee) ? Yes 1 0000 3503 8868 ceipt 10259500-M-0952 ? ti o : -? rl F^ - m A z? - m DO „?,. 0. W Y TAMILLA A. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW OLLIE B. MARTIN, III, : NO. 2000-2209 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this -- 11+day of May, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tamila A. Martin, and the Father, Ollie B. Martin, III, shall enjoy shared legal custody of Ollie B. Martin, IV, born June 12, 1989; Kyle A. Martin, born May 31, 1991 and Tabitha J. Martin, born January 25, 1994. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday until Sunday with the times to be agreed upon by the parties. B. At other times during the week at such times as agreed upon by the parties. 4. The parties shall share holidays pursuant to an agreement. 5. Both parties shall enjoy telephone contact with the minor children when the children are in the other parents custody. 6. Neither parent shall be intoxicated when that parent has custody of the minor children. This is a temporary order entered pursuant to an agreement reached by the parties. In the event the Mother relocates from the marital home or in the event there are any circumstances that either parry feels merits a reevaluation of this custody order, any party may petition the court to have the case again scheduled with the Custody Conciliator for a Conference. BY cc: Thomas S. Diehl, Esquire Michael A. Scherer, Esquire R KS 5`//-00 m u> tij c?c J 4 OX S? _ C?l ( } ?kR AppMM emlAn ?? TAMILLA A. MARTIN, Plaintiff v OLLIE B. MARTIN, III, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-2209 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Ollie 13. Martin, IV, born June 12, 1989; Kyle A. Martin, born May 31, 1991 and Tabitha J. Martin, born January 25, 1994. 2. A Conciliation Conference was held on May 5, 2000, with the following individuals in attendance: The Mother, Tamilla A. Martin, with her counsel, Thomas S. Diehl, Esquire and the Father, Ollie B. Martin, III, with his counsel, Michael A. Scherer, Esquire. The parties agree to the entry of an order in the form as attached. -f" ?? ?d DATE bert X. Gilroy squire Custody Conc' ator TAMILLA A. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2000- .Aa_09 CIVIL TERM OLLIE B. MARTIN, III, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 6 4/ kk 4 4: / ZBBV , upon consideration of the attached Co Taint it is hereby directed that the parties and their respective counsel appear before e Esquire, the conciliator, at L, `/ ftl Pennsylvania, on the day of _ 2000, at O ° A.MAM. for a Pre-hearing Custody Conference. At such conferen e, 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 be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 1Y ?p v h? i7 op TAMILLA A. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000- d o20 9 CIVIL TERM OLLIE B. MARTIN, III, : CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Tamilla A. Martin, an adult individual currently residing at 6 Koser Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Ollie B. Martin, III, an adult individual currently residing at an unknown address in Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant is the natural Father of the children, Ollie B. Martin, IV, born June 12, 1989; Kyle A. Martin, born May 31, 1991; and Tabitha J. Martin, born January 25, 1994. 4. Ollie B. Martin, IV and Kyle A. Martin were born out of wedlock. Tabitha J. Martin was born in wedlock. 5. For the past five years, the children has resided with the following persons at the following addresses for the following lengths of time: NAME ADDRESS DATES Tamilla A. Martin 6 Koser Road Shippensburg, PA September 3, 1999 to present Tamilla A. Martin 6 Koser Road 1995 to Ollie B. Martin, III Shippensburg, PA September 3, 1999 6. The natural Mother of the children is Tamilla A. Martin, who resides as aforesaid. She is separated. 7. The natural father of the children is Ollie B. Martin, IV, who resides as aforesaid. He is separated. 8. The relationship of the Plaintiff to the children is that of natural Mother. The Plaintiff currently resides alone with the children. 9. The relationship of the Defendant to the children is that of natural Father. The Defendant currently resides at an unknown location. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the children will best be served by granting the Plaintiff primary custody as she has been the children's primary caretaker, and is better suited to provide a stable atmosphere in which to foster the children's physical, mental, and emotion well-being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, the Plaintiff, Tamilla A. Martin, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Date: ? I/ -- 6? Respectfull bmitted, omas S. Die Attorney for the Plaintiff 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. LA A. MARTIN, Plainti TAMILLA A. MARTIN, Plaintiff V. OLLIE B. MARTIN, III Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2209 CIVIL TERM CIVIL ACTION-LAW PETITION TO MODIFY CUSTODY AND NOW, comes the Petitioner, Ollie B. Martin, III, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Petitioner is Ollie B. Martin, (hereinafter referred to as "Father"), an adult individual who resides at 17 West Main Street, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Respondent is Tamilla A. Martin, (hereinafter referred to as "Mother"), an adult individual who resides at 75A Shippensburg Road, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the parents of two minor children, Kyle A. Martin, born May 31, 1991 and Tabitha J. Martin, born January 25, 1994 (hereinafter referred to as "Children") 4. On May 11, 2000, a Custody Order was entered in this matter. The Order granted the parties shared legal custody, the Mother primary physical custody and the Father partial physical custody. A copy of this Order is attached hereto as "Exhibit A." 5. The best interest of the Children would be served if Father was to begin providing primary physical custody because Father has more time to spend with the Children and is better able to meet their needs. WHEREFORE, Father respectfully requests that this Honorable Court modify the May 11, 2000 to provide that Father has primary physical custody and Mother have partial physical custody. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: zkjlm A ichael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant mas.dir/domestic/martin/modify2008.pet VERIFICATION 1 verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: ! 1 b$_ 84 '` Ollie B. Martin, III CERTIFICATE OF SERVICE I hereby certify that on February 22, 2008, 1, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Tamilla A. Martin 75A Shippensburg Road Newville, Pennsylvania 17241 r Andrea M. trick ev TAMILLA A. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW OLLIE B. MARTIN, III, : NO. 2000-2209 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this day of May, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tamils, A. Martin, and the Father, Ollie B. Martin, III, shall enjoy shared legal custody of Ollie B. Martin, IV, born June 12, 1989; Kyle A. Martin, born May 31,1991 and Tabitha J. Martin, bom January 25,1994. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday until Sunday with the times to be agreed upon by the parties. B. At other times during the week at such times as agreed upon by the parties. 4. The parties shall share holidays pursuant to an agreement. 5. Both parties shall enjoy telephone contact with the minor children when the children are in the other parents custody. 6. Neither parent shall be intoxicated when that parent has custody of the minor children. Exhibit "A" 7. This is a temporary order entered pursuant to an agreement reached by the parties. In the event the Mother relocates from the marital home or in the event there are any circumstances that either party feels merits a reevaluation of this custody order, any party may petition the court to have the case again scheduled with the Custody Conciliator for a Conference. cc: Thomas S. Diehl, Esquire Michael A. Scherer, Esquire R Ks 5-II-00 ?' O ?' o a ? -- ? w ?_ ? ? oa' a' ?o ?„ ? ? -x? C? dpi ? -mss ;' ?? ' ? - ?.d, ??'i i _ ?.? . t ?T-? ? ? ?? TAMILLA A. MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. OLLIE B. MARTIN, III DEFENDANT 2000-2209 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 10, 2008 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 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/ Hubert X. Gilro Es . 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 ,00" Liu Z -4 e ?i r aeR 1s 20 TAMILLA A. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW OLLIE B. MARTIN, NO. 2000-2209 Defendant IN CUSTODY COURT ORDER AND NOW, this 17 16L day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the _ o) day of 2008 at ?:`5 a m. At this hearing, the father shall be the moving party an sha 1 proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of May 11, 2001 shall remain in place. cc: `'ichael A. Scherer, Esquire ,/ Julie Gray Dorsett, Esquire rn? I?GV 0-41T t .e?y ? ? `=? . ? ,, y Lj 1 F°, ?4" .C Ya ?? C? TAMILLA A. MARTIN, Plaintiff v OLLIE B. MARTIN, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2000-2209 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kyle A. Martin, born May 31, 1991, and Tabitha J. Martin, born January 25, 1994. 2. A Conciliation Conference was held on April 10, 2008, with the following individuals in attendance: The mother, Tamilla A. Martin, with her counsel, Julie Gray Dorsett, Esquire, and the father, Ollie B. Martin, with his counsel, Michael A. Scherer, Esquire. 3. The parties are acting under an existing Order from 2000 which provides mother with primary custody. The children are now older and the father indicates the children are stating a preference that they want to live with him. Mother believes the children are in a stable situation and she should continue as primary custodian. The parties are unable to reach an agreement and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: ('0 6 g Hubert X. Gilroy, Custody ConciliaJ TAMILLA A. MARTIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. OLLIE B. MARTIN, DEFENDANT 00-2209 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2008, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated replaced with this order. (2) Tamilla A. Martin and Ollie B. Martin shall have joint legal custody of Kyle A. Martin, born May 31, 1991, and Tabitha J. Martin, born January 25, 1994. (3) Tamilla A. Martin shall have primary physical custody of Kyle and Tabitha. (4) Ollie B. Martin shall have periods of temporary physical custody as follows: (a) Every summer from day after school ends until one full week before school begins. (b) On holidays which the parents shall share ?y agreement. By C Edgar-B. Bayley, J Julie Gray Dorsett, Esquire For Plaintiff Michael A. Scherer, Esquire For Defendant -7- fi,OF 4-? 4 I sal co N U TAMILLA A. MARTIN, Plaintiff V. OLLIE B. MARTIN, III Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2209 CIVIL TERM CIVIL ACTION-LAW PETITION TO RECONSIDER JULY 11. 2008 ORDER AND NOW, comes the Petitioner, Ollie B. Martin, III, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The parties participated in a custody hearing before this Court on July 2, 2008, and an Order was issued on July 11, 2008. 2. Father had sought primary physical custody of the children, Kyle A. Martin, age 17, and Tabitha J. Martin, age 14, because the children expressed an interest in living primarily with father. 3. Both children testified at the hearing that they would prefer to live primarily with father. 4. The July 11, 2008 Order, which is attached hereto as "Exhibit A" fails to provide father with any time with the children during the school year except for holidays. 5. The children desire to see their father on alternating weekends throughout the school year. 6. Mother agrees to give father alternating weekends during the school year from Friday at 5:00 p.m. until Sunday at 2:00 p.m. 7. Father want the children on alternating weekends from Friday at 5:00 p.m. until Sunday at 7:00 p.m. 8. Father agrees that mother can have the children on alternating weekends from Friday at 5:00 p.m. until Sunday at 7:00 p.m. in the summer. WHEREFORE, Father respectfully requests that this Honorable Court enter a jrule against mother to show cause why the July 11, 2008 Order should not be modified it to allow father alternating weekends during the school year from Friday at 5:00 p.m. until Sunday at 7:00 p.m. Date: . Zo. Dg Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant mas.dir/domesticlmartin/reconsider.pet TAMILLA A. MARTIN, PLAINTIFF V. OLLIE B. MARTIN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2209 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2008, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated replaced with this order. (2) Tamilla A. Martin and Ollie B. Martin shall have joint legal custody of Kyle A. Martin, born May 31, 1991, and Tabitha J. Martin, born January 25, 1994. (3) Tamilla A. Martin shall have primary physical custody of Kyle and Tabitha. (4) Ollie B. Martin shall have periods of temporary physical custody as follows: (a) Every-summer from day after school ends until one full week before school begins. (b) On holidays which the parents shall share ?y agreement. By Julie Gray Dorsett, Esquire For Plaintiff Michael A. Scherer, Esquire For Defendant :sal cc: Ollie Martin 07/15/08 "EXHIBIT All Edgar B. BAiley, J I rRUE COPY FROM RE00ft testimony whereof, I here unto set my Iona d the eeei of said Coln' at CadiAl PC . , , , ' F?pt?lOflOts1'? s ! `7 14 .? CERTIFICATE OF SERVICE I hereby certify that on the ? day of August, 2008, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, Esquire, did serve a copy of the Petition To Reconsider July 11, 2008 Order, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Julie G. Dorsett, Esquire 39 North Second Street P.O. Box 362 Chambersburg, Pennsylvania 17201 " i t w ?e» '? r?.. ?..?:?'T'j L; 3 ,r; ;._ ? c- 5 _ ^1 ?"? A / t,. ? .?J i ?? TAMILLA A. MARTIN, Plaintiff V. OLLIE B. MARTIN, III, Defendant IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2000-2209 Civil Term Civil Action-Law PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO RECONSIDER JULY 11, 2008 ORDER AND MOTION TO DISMISS NOW COMES the Plaintiff-Respondent, Tamilla A. Martin, by and through her attorney, Julie G. Dorsett, and in support of her answer to Defendant's petition to reconsider this honorable Court's order of July 11, 2008, and her motion to dismiss same, respectfully avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. 6. Denied. 7. Respondent is without sufficient information to admit or deny the averments of paragraph 7 of the Petition. 8. No responsive pleading is required to the statement contained in paragraph 8 of the Petition. MOTION TO DISMISS 9. Defendant's petition to reconsider was filed on or after August 20, 2008. 10. Pa. R.C.P. Rule 1930.2 requires petitions for reconsideration in domestic relations cases to be filed within thirty (30) days from the entry date of the Order. 11. Defendant's petition to reconsider is untimely filed having been filed after August 11, 2008, the last day of the appeal period under Pa. R.App.P. Rule 1701(b)(3). WHEREFORE, Respondent prays this honorable court to DISMISS Defendant's Petition to Reconsider July 11, 2008 Order with prejudice. AVo&ey for Plaintiff-Respondent 39 North Second Street P.O. Box 362 Chambersburg, PA 17201 (717) 267-2921 Attorney Id. No. 69294 I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of perjury contained in 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: amilla A. Martin CERTIFICATE OF SERVICE I, Julie G. Dorsett, certify that on September 2, 2008, I caused a true and correct copy of the foregoing Plaintiff's Answer to Defendant's Petition to Reconsider July 11, 2008, Order and Motion to Dismiss to be served upon counsel for Defendant-Petitioner at the address following, by U.S. mail, postage prepaid: Michael A. Scherer, Esq. O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (- - _x - Ju 'e G D sett ?,? L ,. c.s? r s° ;? €-r1 ? -? r .'.. w :',_,, - ?? - _y .. .t .-k r,? :?a -t.