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Home My WebLink About01-7191 FX ~"", c -." _.1 ~i!tij{'t!, , , MATIHEWMARTENAS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-7191 CIVIL ACTION LAW NICOLE MARTENAS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, January 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respectivecottnsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 24, 2002 at 10:30 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grottnds 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: Isl Hubert X. Gilroy. Esq.~ Custody Conciliator The Court of Common Pleas of Cumberland COttnty 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TI!E OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '= i\f:"b,:ti~l:""i.lli_\;..;o'i-"I~~'Hil"'~i<,_" ',",h,!;:-!;'d'J;, A":;",i""two~},h:~",-""_;",,, '"-_il!",,,> ~";"j>}':"t:i,-#hil'\\'if!l~t>l3~~i<Ojlli~"jj,~~ta~0l..<I_j~"~---","""'"""",,",,,,""""'~'"'''''''''''=,-''..''''''"..-~~~~_. . , ~c~-~ ~~~ .,w .~ '~~u, ~'K p7 ~ ~ -/'{) \ V/IN.l\l'<' , ,\iN/ I(~" :..:,,,,NJV:Jd L'-,i ':'t-"-:: "I. . - ,'i',,'_:' -,!--:-!.~O.'AJ,,", ." ."/' ,\ ,') . 'v :; ! :;:J l I ,~i t! '. I~" ~8 " /\C~ I" :! ; S] ,A.~kl~,JI..1 LULU,L_ _. {' (/. J.. I (:"Cl.,!./ 7?t7 ,;./ ~"""N"'.M ,."..", "".,I '~'rr~, <"_"", ___,~",~,~"",~,,~ _r" _'_'''_ ",A"" """" ''''''''l<''''''''''''"'''' , ' ','-,0 _", . ,,~,~ ,,,.~,,. ,~, _~,,~"~ ,^' ',C""""'__""~", ,~,',~, ,"~,"~"'"" e_._" ~-- ~-,< , ~',~- - SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, P A ,____~ , >,r' ^' -~, ~"" '''-<-' I;., , ' 'e-, ,-" ~", '<>'pH'_ -,,-:~,i' l..k;,' ",J" MATTHEW MARTENAS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2()Q\- '11'11 CIVIL TERM VS. NICOLE MARTENAS, Defendant IN CUSTODY ORDER OF COURT AND now, this day of , 2001, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2001, at o'clock . m. 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. For the Court, 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 1-800-990-9108 " SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-UW 26 W. High Street Carlisle, PA AMERICANS WITH DISABILITIES ACT OF 1990 " The Court of Common Pleas of Cumberland County, Pennsylvania, 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 hearing or business before the Court. II By the Court, J. &i ~ " - , ,~', ' . ',-c- - >>, '-' "k~,,,,,~' ,,---,,I -.,,,,,,,,--,;.;,~ -'~ , <.,."~ ,~>-,-~ -- 1,--,,", '>'~~i;j MATTHEW MARTENAS, Plaintiff V5. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. . - CIVIL TERM : 07- 7/'1/ : IN CUSTODY NICOLE MARTENAS, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is MATTHEW MARTENAS, residing at 1401 Ritner Highway, Shippensburg, Pennsylvania 17257. 2. The Defendant is NICOLE MARTENAS, residing at 13689 Dream Highway, Newburg, Pennsylvania 17240. 3. The Plaintiff seeks custody of the following children, GABRIELLE MARTENAS, born June 27, 1994, and TRAVIS MARTENAS, born October 15, 1997 who resides at 1401 Ritner Highway, Shippensburg, Pennsylvania. The children were not born out of wedlock. The children is presently in the custody of father, who resides at 1401 Ritner Highway, Shippensburg, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS FROM/TO SAIDIS SHUFF, FLOWER Matthew Martenas Newburg Road 1997 to & LINDSAY Nicole Martenas Shippensburg, PA October, 1998 A'ITORNEYS-AT-LAW 26 W. High Street Matthew Martenas Olde Scotland Road October, 1998 Carlisle, P A Nicole Martenas Shippensburg, PA August, 1999 Nicole Martenas Olde Scotland Road August, 1999 Shippensburg, PA October, 1999 " SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS-AT-LAW 26 W. High Street Carlisle, PA - " , ,', " . f , -L ", . .' '"'-,,-,'{, " , '~',' 'iJtI':"'~"';'""i'i NAME ADDRESS FROM/TO Matthew Martenas Amy Martenas 1401 Ritner Highway Shippensburg, PA October, 1999 present The children lived from October, 1999 to the present primarily with substantial periods of partial custody and at times shared custody with Nicole Martenas who lived at the following addresses: A From April, 2000 into June, 2000, Fort Louden, Pennsylvania. B. From June, 2000 to October, 2001, at Timber Lane, Shippensburg, Pennsylvania. C. From October, 2001 to the present, the mother lived at Dream Highway, Newburg, Pennsylvania. The mother of the children is NICOLE MARTENAS, currently residing at Dream Highway, Newburg, Pennsylvania. She is not married. The father of the children is MATTHEW MARTENAS, residing at 1401 Ritner Highway, Shippensburg, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides with his wife, Amy Martenas and the children. 5. The relationship of the Defendant to the children is that of mother. The Defendant currently resides with no other person. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. 7. The Plaintiff has no information of a custody proceeding concerning the 0~ SAIDIS SHUFF, FLOWER & LINDSAY A.TIORNEYS-AT.IAW 26 W. High Street Carlisle, P A " . - '" '~, . . , "" I _ ',' .co ,~" "'" children pending in a court of the Commonwealth. 8. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) The Plaintiff can best provide for the physical and emotional needs of children. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the children to the Plaintiff. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: , Esquire Date: 11,-(04 (J( I , 1_, ~ - M_~~,i-",j,;,,,\i,,, VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct I understand that false statements herein are made subject to the penalties of 18 Par C.S. ~ 4904, relating to unsworn falsification to authorities. ~~~ Matt w Martenas Date:,<1o.-< Lf' -01 ~~ilii~t-lii.lii~r~~~~iill_ma~lf~""i,;~'igndh;I,{';o,"-J-';-1il."M'\~':~",,-",'~'-:,~;:'i"' lUi,<,g:i-g;g!-;Di~ilI'4;~W ,,'~< iif Wtij~~--- ",~J:j(J!lJ~tl lfll.=~~=~~~ ,;;.lL..,UL",,, '''~^ -' ,,,,,,,,,<"~,,,,,,,,,,,...,<~_,,J"'~'~" ";.,~"~'"",.,,,,_"'~e,,",w~~""^o'lIlA"',ij4''',,,,,,,,,,,,,,,,~ ,,"''''~, ,', /9 r..:> ~ ~ ...... ......... )0 llJ I.i'\ C:l -1-..1. ~ ......... -;J - () C -~ ~ ..UO) rt1tT! ~~:D :ZC ~~~": r:~ c.; :p. -- Zl} "",0 ....-c z ~ o c? ,,, ,? N .-1 -0 ~ ~ o o ~11 :,~~ I;>) L :::~_~S?, ~~ .:co 55 '-< 8 , '(l. ~ ~ ~ v- ~ 1" ~ i1 ~ 1- ~ ::> :s>- v, ~ - - _-c ,,-,,_,<-" ", ",~",',,"-,'''','''~ ",~'" . ,,,' ,~"' _>; "'"_"'f^-,,,,' <_m>~~~,=1''''''_,''''''',"~,,', _ ~,,, "', ". '~,_" -.-"""",,"",~. 'c SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS-AT-LAW 26 W. High Street Carlisle, PA ., .. ,. MATTHEW MARTENAS, Plaintiff vs. II NICOLE MARTENAS, Defendant ,'<' ,'~\~ '. - '"'_'_,"",-,--_~"'J~"~,, "-",1 -,0','",,,:-,'" '_'''j__,,',',: ' "!" I ~ I , " i: I I , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 21 - 7191 CIVIL TERM!*, <A,,-b\ L.,.J",y ~<.. ;;Wol- 't I q\ <:':~11 IN CUSTODY ACCEPTANCE OF SERVICE I I accept service of the Complaint in Custody on behalf of my client, Nicole I Martenas, Defendant in the above captioned matter, and acknowledge that I am il authorized to do so. t i -l ~ /1; ~rJL Date I I I , I I Ii ,I " ',I II Jerry . Weig e, Esquire WEIGLE, PERKINS & Asso 126 East King Street Shippensburg, PA 17257 tY ~, "'" ,0;,XJ"~.i~~lIi~~~1i~:jj)I$~~!.I.'ilT~<t:"~t"iJ.,~<1r~~~~ 1l ,- ,'" ~, J _,_,_. "'V ~'~~____"'7"J~-C." ~:,U-c'~ :" U]jll.J..J~Hgr" UL~,J "~~J~\)",li;J,.Jb.,,,,,~",,;",,___,_',j;:."~m.,,)J~~=~. ',"",., 1-"",,,.,, ", J L_~_c;)J),!. " ,~'" .__"" ",,,'.'''' ,~"~'m"rro>,-,5,"-\'!;,,,,,,,, ' ,~'" .' ,_ '" - o Of';) C z:-. -CGl mn-c Z 'C(' '" ',~ ~~~, ~.o ::<:....:,--- t.'2Ci 2;0 ,,:;,-,Ci- 'PC Z ~ j ~ :~ C\ -j, "~_---n .~o :-~ . ~ \:~~, --::.\'-<',-' -~'~\ (~\' :ro -< ~ ? .-1 ,,~.'~,".~~" ,~,'~" 1 " , . _t__~j"; .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE M. MARTENAS, Plaintiff, CML ACTION - LAW vs. NO. 2001-7191 CIVIL TERM MATTHEW I. MARTENAS, Defendant. IN CUSTODY ANSWER TO COMPLAINT l. Admitted 2. Admitted 3. Admitted in part and denied in part. The allegations contained in paragraph 3 of the Complaint are admitted except that custody of the minor children is joint in both Plaintiff and Defendant on an alternating week basis. 4. Denied as stated. As stated above, the children reside with both Plaintiff and Defendant on an alternating week basis. 5. Denied as stated. The children reside with the Defendant on an alternating week basis. 6. Admitted 7. Admitted 8. Admitted 9. Denied. The best interest and permanent welfare of the children will best be served by granting primary residential custody of the children to the Defendant for the following reasons: a. Changing home environments on a weekly basis has proven disruptive to the children and not in their best interest. b. Defendant is presently able to devote more time and attention to the children. WEIGLE, PERKINS & ASSOCIATES - ATTORNEVS AT'LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 " II L , '~'"~ , "'-_.k:i~"!;i<,,",i, - c. Plaintiff's home responsibilities due to the birth of a child to his present wife inhibit his ability to adequately care for the children who are the subject of this proceeding. d. The children want to spend more time with their mother. 10. Admitted WHEREFORE, the Defendant requests the Court to grant primary residential custody of the minor children who are the subject of this proceeding to the Defendant WEIGLE, PERKINS & ASSOCI rES By: qr Date: -1lJ- Lj I cJZ- erry A. Weigle, Esquire Attorney ID #0 I 624 126 East King Street Shippensburg,PA 17257 (717)532-7388 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 II , ~ ~"-~ ~' ~, _..~"'" , -~,.l"",~,;,;,iC-' ... VERIFICATION I verify that the statements made in the foregoing Answer to 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. Dated: I -)'-1-02.. -1);/L J/KQ~ NICOLEM. MARTENAS WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 t~k'[:1iit_~~~lIDt~~"~~~'~i'-~ _'~:~~:iI~":~h"m;&,:;fl';',,_ ., i"'A15',!",i""h.<jj;_'1i-;;,.~u:li~.gJ'T'o-..' ~ "",,', i~it_,^,.;,;"I~~~,J,~,~,lJ:',~~,;;~~)J.T:,LL,'i,L;_~,';'1"::~f~)J"";iI8~_~,!t~,_J,,,:~:,k",,, ' ",,^J>q:'~~'~';'::"'-''''l; ",__, ,,~~ ,,:Jb~q:, -l,.-Tt\,?!, ,7-' L r"1m f - (') ,- -~- .-0 ~~-\ [11 h' ~ _/-1-' ~l~; 5;0 ~-C"'j ~j;c z:, ::.2. (...:J r'-~.;' t'v u:} - :I, . . , :' .J ~: ~ '-1- --,'. , :~~ (::1 "::'::- ,:-1 ~ '1:'; "" ~ 'f! ,-- ..- ',";e' , J!'f':" J,1.}~"j~:[.-$Jt; ,.1' ,~ --"', ~ ; rL: ,';,>~~~~ H$,~~":,-,..~,,:#')J.~1,,..J.'~'~';'''~~1L,.- J4~~,,\-"_~'~ " >" - ,^ ~"". --". ",-~,-" ",~~,,,^"~- I ^<_,~, ---I"J:,,' ,""-,,, ~,. ~ ' -,' >~ -- "J."liB.~~.t!; . FEB 0 6 ZOOZ t MATTHEW MARTENAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v CIVIL ACTION - LAW NICOLE MARTENAS, Defendant NO. 01-7191 CIVIL IN CUSTODY COURT ORDER AND NOW, this /rt# day Of'=, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. ~ of the Cumberland County Courthouse on the Sf.;{ day of ~"~ , 2002, at 9: 3d k.M. At this hearing, the Father, Matth Martenas, shall 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 the history of custody in this case, the issues currently before the court, 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 ten (10) days prior to the mentioned hearing date. L i 2. Pending further order of this court, the following temporary custody order is entered : A. The Father, Matthew Martenas, and the Mother, Nicole Martenas, shall enjoy shared legal and shared physical custody of Gabrielle Martenas, born June 27, 1994; and Travis Martenas, born October 15,1997. B. Physical custody shall be alternated on a week on/week off basis with the exchange of custody to be Friday evenings at 5:30 p.m. C. The parties shall continue to handle daycare issues and other custodial issues as they have over the past few months pending this court's entry of a final order. D. Both parents shall enjoy reasonable telephone contact with the minor children when the minor children are in the custody of the other parent. ;~~<~'li<i.&k-$<~IIt'AIiillMlll\Jli1i~~,i:MJ,~.~c';m-l;;I..ib);<'3,,,,~~.1;~~~_-!:LaJj( -'-''''-'''T'':'''_'.....,hO,.,; ViNWilASt.1N:Jd 'l t' ''11',0 t1hl'r:f!::JnWn'"' i\.. 'II ><.,U \"" , '".;' " ....; ,. 'JIll" t.U :\, r,~ ;j,J~ ZO AbVJ.oiL, ..[\ o~"-' iiM,-\~.~M.Wl)l ,-._,"_JJ :_ _ ~L l~~LU -" J~~~ ~_L(LlU~, JJ~TJ,~r,IJ,,,l,)~t~t-:,, ',~~",'~ ,-,,,,,,,,,Jlf,,~,,, "'_"'~_:" "'_<,~-:--""" '''', ,-" '~"~"'~ /~""'~ < ,~,-~" ~ ~- 'ijilltilU . , , -''''",,''''~'',- "~,""""",",,,,~ -, .~, ~"" .~ ",...,""'r..,.,"'-~>, ""-,~, '- ,..,." -'-'-' -"~-",.'~ '~""'~~k' ',p,.. j ,J, -c.-"'-'~l E. This temporary custody order is a shared legal custody order such that both parents have rights to receive all educational, medical and other pertinent information relating to the minor children. This order authorizes all medical facilities, physicians, educational facilities and teachers to share with both parents any and all information relating to the two minor children. BY THE COURT, J. cc: (~y A. Weigle, Esquire ~ol J. Lindsay, Esquire L~ QY-Il-():( -<~ ' ,-. ,"- ,- -~,~ .,- " <>-""'"<': or' MATTHEW MARTENAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NICOLE MARTENAS, Defendant NO. 01 ~ 7191 CIVIL IN CUSTODY Prior Judge: 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: Gabrielle Martenas, born June 27,1994; and Travis Martenas, born October IS, 1997. 2. A Conciliation Conference was held on February 1,2002, with the following individuals in attendance: The Father, Matthew Martenas, with his counsel, Carol J. Lindsay, Esquire; and the Mother, Nicole Martenas, with her counsel, Jerry A. Weigle, Esquire. 3. The parties have been separated since 1999. Over the past few months, the status quo on custody has been essentially a shared physical custody arrangement with the parties exchanging custody of the two minor children on Friday evenings. Father now filed a petition seeking primary physical custody of both children. Mother was prepared to file a similar petition, but did not file that petition in light of Father initiating the custody action. Mother's position is that she should have primary physical custody. Father's position is the same subject to Father's willingness to work out an arrangement if the matter could have been resolved at the custody conciliation conference. Both parties have issues with respect to the situation in the other parent's home and some daycare matters. These issues can be presented at a hearing. 4. The conciliator recommends that a hearing be scheduled and recommends an interim order maintaining the status quo on custody. - Hubert X. Gilroy, Custody Concilia r ~ DATE Of to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW MARTENAS, No. 01-7191 Plaintiff/Petitioner IN CUSTODY cry , GO vs. -z.. _s NICOLE KELLEY, CIVIL ACTION - LAW N= yY Defendant/Respondent PETITION TO MODIFY CUSTODY AND NOW, this tt -? day of December, 2011, comes the Petitioner, Matthew Martenas, by and through his attorney, Sean M. Shultz, Esquire, and files the following Petition to Modify Custody and in support thereof avers as follows: 1. The Petitioner is Matthew Martenas, an adult individual residing at 1 Eberly Drive, Shippensburg, Pennsylvania 17257. 2. The Respondent is Nicole Kelley, formerly known as Nicole Martenas, an adult individual residing at 332 High Mountain Road, Shippensburg, Pennsylvania 17257. 3. Petitioner seeks a modification of the Order of Court dated June 11, 2002, a copy of which is attached hereto and made a part hereof and is marked as Exhibit "A." 4 Name The Parties are the natural parents of the following minor children: Gabrielle Martenas 'Travis Martenas Present Residence 1 Eberly Drive Shippensburg, Pennsylvania 17257 332 High Mountain Road Shippensburg, Pennsylvania 17257 Age l7 14 ,.'-7o. 00 PD (7 ""V- ,!?93 17c-l' ,* ?y Gabrielle and Travis were not born out of wedlock. 5. Gabrielle is currently in the physical custody of Petitioner and Travis is currently in the physical custody of the Respondent. During the past five years, Gabrielle and Travis have resided with the following persons at the following addresses: a. From November of 2006 to present Gabrielle and Travis have resided with both parties on a week on/week off rotation. When with Petitioner they have resided with Petitioner, his wife, Alny Martenas, and their daughter, Sarah at 1 Eberly Drive, Shippensburg, Pennsylvania. b. When with Respondent: From November of 2006 to October 15, 2009 with Respondent, and her husband, Chad Kelley at 332 High Mountain Road, Shippensburg, Pennsylvania. On October 15, 2009, the police raided the home for child pornography and Chad Kelley could no longer have contact with Gabrielle and Travis. C. From October 15, 2009 to April 2010 with Respondent at 332 High Mountain Road, Shippensburg, Pennsylvania. d. From April 2010 to May 2011 with Respondent at 32 Cumberland Avenue, Shippensburg, Pennsylvania. e. From May 2011 to July of 2011 with Respondent at 332 High Mountain Road, Shippensburg, Pennsylvania. f. From July of 2011 to present with Respondent and her boyfriend, Shawn Morrow, at 332 High Mountain Road, Shippensburg, Pennsylvania. The mother of Gabrielle and Travis is the Respondent, Nicole Kelley, who resides at 332 High Mountain Road, Shippensburg, Pennsylvania. The father of Gabrielle and Travis is the Petitioner, Matthew Martenas, who resides at 1 Eberly Drive, Shippensburg, Pennsylvania. 6. The relationship of the Petitioner to Gabrielle and Travis is that of father. He is married to Amy Martenas and resides with her their daughter, Sarah Martenas, and Gabrielle. 7. The relationship of Respondent to Gabrielle and Travis is that of mother. Her marital status is unknown and she currently resides with her boyfriend, Shawn Morrow, and Travis. 8. The Petitioner has previously participated in litigation concerning custody of Gabrielle and Travis in this Court at the above-referenced docket. An Order of Court was entered on June 11, 2002. Said Order is cited in Paragraph 3 above. 9. The Petitioner does not know of a person not a party to the proceedings who has physical custody of Gabrielle and Travis or claims to have custody or visitation rights with respect to them. 10. Each parent whose parental rights to Gabrielle and Travis have not been terminated and the person who has physical custody of Gabrielle and Travis have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of Gabrielle and Travis. 11. The best interests and permanent welfare of Gabrielle and Travis will be served best by granting the relief requested because: a) The Petitioner provides Gabrielle and Travis with a home with adequate moral, emotional and physical surroundings as required to meet their needs; b) The Petitioner is, and has always been, willing to accept custody of Gabrielle and Travis; and C) The Petitioner continues to exercise parental duties and responsibilities and enjoys the love and affection of Gabrielle and Travis. 12. A copy of this Petition was sent to Respondent at her current address, 332 High Mountain Road, Shippensburg, Pennsylvania, and to her counsel, Jerry Weigle, Esquire, at Weigle & Associates, P.C., 126 East King Street, Shippensburg, Pennsylvania 17257. WHEREFORE, Petitioner respectfully requests Your Honorable Court grant him continued shared legal custody of Gabrielle Martenas and Travis Martenas, primary physical custody of Gabrielle Martenas, and continued joint physical custody of Travis Martenas. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. t Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 1.? I 1111 114 MARTFNAS. No. 01-71L) I Plaintiff/Petitioner IN CUSTODI' NICOLF- KELLEY. CIVIL AC`T'ION - LAW Defendant/Respondent VERIFICATION I werifv that the tatements made in the. foregoing Petition to Modifv? (Aistudt arch true and nom t io the hest of my knowledge. information and belief. I understand th;i[ false tits+temcnts IterUist are nnade subject to the penalties of' IS Pa. C. S. Section 4904, rek tin0 't, u111sWOM f?dsificmon to authorities. r Mat ew Martenas - - Exhibit "A" JUN 1 0 200[ SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA MATTHEW MARTENAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 01 - 7191 CIVIL TERM NICOLE MARTENAS, Defendant IN CUSTODY ORDER OF COURT AND NOW this _1 t LlL_ day of _ 2002, upon consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. 1-` TRUE COPY FROM RECORD In Tes imonyI acre unto set my hand and sea of said Co rt at Carlisle, Pa. Thl ................. djy o . MATTHEW MARTENAS, Plaintiff vs. NICOLE MARTENAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 21- 7191 CIVIL TERM IN CUSTODY STIPULATION OF THE PARTIES THIS AGREEMENT is made this day of 2002, by and between MATTHEW MARTENAS, of 1401 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257 and NICOLE MARTENAS, of 13655 Dream Highway, Newburg, Cumberland County, Pennsylvania 17240. The parties hereto stipulate as follows: 1. They are the parents of two children: GABRIELLE MARTENAS, born June 27, 1994, and TRAVIS MARTENAS, born October 15, 1997. 2 The parties shall share legal custody of the children. 3. The parties will share physical custody of the children on a "week SAIDIS SNUFF, FLOWER & LINDSAY ArMRMYS•ATN.AW 26 W. High Street Carlisle, PA on/week off' basis so that the children reside with Matthew Martenas one week, and the following week with Nicole Martenas. The parties will exchange custody of the children on Fridays at 6:00 p.m. the parent whose week is ending shall transport the children to the parent whose week is beginning. 4. The children will continue to attend school in Matthew Martenas' school district, and to that end, Nicole Martenas, during her periods of custody of the children, will deliver Gabrielle, and, when he is in kindergarten, Travis, to Matthew Martenas' home from which they will take the school bus. After school, Gabrielle, and later Travis, will return to Matthew Martenas' house where Nicole Martenas will pick them up after work. Until such time as he attends school, however, Travis, during Nicole Martenas' periods of custody, shall be cared for by a babysitter chosen by Nicole Martenas. 5. In the event that one party cannot provide care for the children for a period of two hours or more, he or she will provide to the other party the first right to care for the children before a third party is used for that purpose. 6. Nicole Martenas will provide to Matthew Martenas the name and address of the babysitter who will be watching Travis while she works. The parties agree that the children will no longer be cared for while Nicole Martenas works by the Witter family. 7. The parties will alternate holidays so that in 2002 and even numbered SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA years thereafter, Matthew Martenas will have custody of the children on New Year's Day, Memorial Day, and Labor Day from 8:00 a.m. to 6:00 p.m., and in even numbered years, Nicole Martenas will have custody of the children on Easter, Fourth of July and Thanksgiving from 8:00 a.m. to 6:00 p.m. Matthew Martenas will have custody of the children from 8:00 a.m. to 6:00 p.m. in odd numbered years on Easter, Fourth of July and Thanksgiving, arid iviCvlZ iViarteiias Will have custody of the %hi!G?ren odd numbered years from 8:00 a.m. to 6:00 p.m. on New Year's Day, Memorial Day, and Labor Day. 8. The parties will share custody of the children over the Christmas holiday by alternating blocks of time, block one being from Christmas Eve at 6:00 p.m. until noon on Christmas Day, and block two being from noon on Christmas Day till 6:00 p.m. on December 26. Nicole Martenas will exercise custody of the children during block one in odd numbered years, and Matthew Martenas will exercise custody of the children in block one in even numbered years. Matthew Martenas will have block two custodial time in odd numbered years, and Nicole Martenas will have custody during block two in even numbered years. 9. The parties will take their vacation periods with the children during his or her alternating weeks of custody. 10. The parties agree that neither will criticize the other nor make dispcliaging remarks about the other in 'Lhe presence of the children. 11. The parties agree to share any and all communications from school with the other immediately upon receipt and to communicate all concerns with respect to the children with the other as soon as possible. 12. The parties agree that the terms of this Stipulation of the Parties shall be SAIDIS SNUFF, FLOWER & LINDSAY ATMRNBYS•AT•LAW 26 W. High Street Carlisle, PA entered as an Order of Court. WITNESS: a? Matthew Ma nas Date: S- O,;-- Nicole Martenas Date: 5 -,5,2 g -C) a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW MARTENAS, No. 01-7191 Plaintiff/Petitioner IN CUSTODY VS. NICOLE KELLEY, CIVIL ACTION - LAW Defendant/Respondent CERTIFICATE OF SERVICE AND NOW, this kl? day of December, 2011, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Complaint by U.S. regular mail, and by Certified mail, Restricted Delivery, Return Receipt Requested, as follows: Nicole Kelley 332 High Mountain Road Shippensburg, Pennsylvania 17257 Defendant And by regular U.S. Mail to: Jerry Weigle, Esquire Weigle & Associates, PC 126 E. King Street Shippensburg, Pennsylvania 17257 LAW OFFICE OF SEAN M. SHULTZ. P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Petitioner MATTHEW MARTENAS, Plaintiff VS. NICOLE KELLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-7191 IN CUSTODY ORDER AND NOW, this 12`h day of January, 2011, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gi (6y, Esquire Custody Co iliator N ? ZM - C f- Vm MC) ) r C i "[CJ 3y - # IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW MARTENAS, Plaintiff vs. NICOLE KELLEY, Defendant ~ No. O 1-7191 ~ ~ ~ ~ Mc gr,7 ~ ~ ~ ~'' IN CUSTODY ~ ~ - c ~ `° ~ ~,~ CIVIL ACTION - LAW ~ `~' MOTION TO ENTER CUSTODY AGREEMENT AS AN ORDER OF COURT AND NOW, this 9th day of November, 2012, comes Matthew Martenas, by and through his attorney, Sean M. Shultz, Esquire, and files the following Motion to Enter Custody Agreement as an Order of Court and in support thereof aver as follows: 1. The Plaintiff is Matthew Martenas, an adult individual residing at 1 Eberly Drive, Shippensburg, Pennsylvania 17257. 2. The Defendant is Nicole Kelley, an adult individual residing at 332 High Mountain Road, Shippensburg, Pennsylvania 17257. 3. Plaintiff and Defendant are the natural parents of the following minor child. Law Offices of Saidis Sullivan ~ Rogers 26 West High Street Carlisle, PA 17013 Travis Martenas, born October 15, 1997 ("Travis"). 4. On June 11, 2002, an Order of Court was entered granting the parties shared legal custody and shared physical custody of Travis. 5. The parties have signed a Custody Agreement, the original of which is attached to this Motion and made a part hereof. 6. Defendant is represented by Hannah Herman-Snyder, Esquire. 7. Plaintiff and Defendant agree that the agreement should be entered as an Order of Court. WHEREFORE, Matthew Martenas requests that this Honorable Court enter the attached Custody Agreement as an Order of Court. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Sean M. Shultz, Esquire Attorney ID No. 90946 26 W. High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Plaintiff Law Offices of Saulis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW MARTENAS, Plaintiff vs. NICOLE KELLEY, Defendant No. 01-7191 IN CUSTODY CIVIL ACTION- LAW VERIFICATION I verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information and belief. This Verification is made by Plaintiff's counsel based upon information provided by Plaintiff to Plaintiff's counsel regarding the factual averments contained herein. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Law Offices of Said~s Sullivan & Rogers 26 West High Street Carlisle, PA 17013 jean ivi. ~nui>:z, 1/squire 1 ~ ~ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW MARTENAS, No. 01-7191 Plaintiff/Petitioner IN CUSTODY vs. NICOLE KELLEY, CIVIL ACTION -LAW Defendant/Respondent STIPULATION OF THE PARTIES This Agreement is made this ~ day of 2012, by and between Matthew Martenas, of 1 Eberly Drive, Shippensburg, Franklin County, Pennsylvania 17257, and Nicole Kelley, of 332 High Mountain Road, Shippensburg, Cumberland County, Pennsylvania, 17257. The Parties stipulate as follows: 1. The parties are the parents of one minor child: Travis Martenas ("Travis"), born October 15, 1997. 2. The parties shall share legal custody of Travis. Law Offices of S8ltiis Sullivan & Rogers 26 West High Street Cazlisle, PA 17013 3. Nicole Kelley shall have primary physical custody of Travis. Matthew Martenas shall have partial physical custody of Travis as follows: a. On the first Saturday or Sunday following the execution of this Stipulation on which Matthew Martenas does not work, he shall have a period of custody of Travis from 10:00 a.m. unti12:00 p.m. b. The next weekend that Matthew Martenas does not work either on a Saturday or a Sunday, he shall have a period of custody of Travis from 10:00 a.m. unti17:00 p.m. c. Thereafter, Matthew Martenas shall have custody of Travis, every other weekend, commencing the first full weekend Matthew Martenas is not scheduled to work, from Friday at 7:00 p.m. to Sunday at 7:00 p.m., subject to the pazagraph 3(d) below. d. If Matthew Martenas is scheduled to work for any part of his weekend of custody as sched>.lled pursuant to paragrdpli ~(c above, i~ shall forfeit the weekend time and have the same period of time during the week following his missed weekend. If Matthew Martenas is only working part of the weekend, he shall retain his rights to exercise custody for the part of the weekend for which he will not be working. If this schedule results in overnight period(s) of custody during the week, during the school yeaz, Matthew Martenas shall be responsible for providing the child with transportation to and from school. 4. Matthew Maztenas shall enter into family counseling with Travis. The choice Law Offices of Saidis Sullivan ~c Rogers 26 West High Street Carlisle, PA 17013 of the counselor shall be at Matthew Martenas's discretion. The cost of counseling shall be solely Matthew Martenas's respernsibiiity and Matthew Martenas shall make every effort to select a counselor within thirty (30) miles of Nicole Kelley's residence. If a counselor is selected within thirty (30) miles, the parties shall shaze the transportation, and if the counselor is outside thirty (30) miles from Nicole Kelley's residence, Matthew Martenas shall provide the transportation. 5. The parties will alternate holidays so that in even-numbered years Matthew Martenas will have custody of Travis on New Years Day, Memorial Day, and Labor Day from 9:00 a.m. to 6:00 p.m., and ineven-numbered years Nicole Kelley will have custody of Travis on Easter, Fourth of July, and Thanksgiving from 8:00 a.m. to 6:00 p.m. In odd numbered years, the opposite party shall have custody of Travis on the holidays and at the times specified above in this paragraph. 6. The parties will share custody of Travis over the Christmas holiday by alternating blocks of time. Block A shall be from Christmas Eve at 6:00 p.m. until noon on Christmas Day, and Bicx;k B shall be from noon on Christmas Day to 0:00 p.m. on lkldCinber 26. Matthew Martenas will exercise custody of Travis in Block A ofeven-numbered yeazs and Nicole Kelley will exercise custody of Travis in Block A of odd-numbered years. Matthew Martenas will exercise custody of Travis in Block B ofodd-numbered years, and Nicole Kelley will exercise custody of Travis in Block B of even-numbered years. 7. The parties may exercise a vacation period of one week with Travis per yeaz. Notice shall be provided to the other party at least two months in advance. 8. The holiday provisions of this Order shall take precedence over all other custodial time. 9. The party relinquishing custody shall provide the transportation. 10. Tl~e parties s~gree that neither of ;hen vjrill criticnze the other party nor make Law Offices of Sadie Sullivan ~E Rogers 26 West High Street Carlisle, PA 17013 disparaging remazks about the other party in the presence of Travis. Conversation with and in Travis's presence regazding the non-custodial pazent shall be limited to include only necessary conversation as it pertains to the practicalities of custody, including specifics, such as exchanges. 11. The parties agree to share any and all communications from school with the T ~ .. other party immediately upon receipt and to communicate all concerns with respect to Travis with the other party as soon as possible. 12. All communication in regards to custody shall be done between the parties and they shall not involve Travis in the scheduling of custody exchanges or any other aspect of custody. 13. The parties agree that the terms of this. Stipulation of the parties shall be entered as an order of Court. TN 1~~ IT 1vESS ~~'IIERI..OF, tre pa-ti:,~s nave see ineir hands anti seats tt~e day ctrl'year Law Offices of S~~$ Sullivan & Rogers 26 West High Street Carlisle, PA 17013 first above written. WITNESSED BY: i' " ~ Sean M. Shultz, Esquire Counsel for Matthew Martenas Hannah Herman-Snyder, E uire Counsel for Nicole Kelley .p tthew Mart nas Nicole Kelley n _ _ _ _ _ _ __ _ _ _ ~ j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW MARTENAS, No. 01-7191 Plaintiff IN CUSTODY vs. NICOLE KELLEY, CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE AND NOW, this 9th day of November, 2012, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Motion by first class, United States Mail, postage pre-paid, addressed as follows: Hannah Herman-Snyder, Esquire Griffie & Associates, P.C. 200 North Hanover Street Carlisle, Pennsylvania 17013 Attorney for Defendant Respectfully submitted, Law Offices of Saldts Sullivan 8~ Rogers 26 West High Street i Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Sean M. Shultz, Esquire Attorney ID No. 90946 26 W. High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Plaintiff