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HomeMy WebLinkAbout07-6045DYANA GAINES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. CUSTODY/VISITATION WOODROW WILSON MARTIN, III, Defendant COMPLAINT IN CUSTODY 1. Plaintiff is Dyana Gaines, an adult individual residing at 1111 Yverdon Drive, Apartment C-3, Camp Hill, Pennsylvania 17011. 2. Defendant is Woodrow Wilson Martin, III, an adult individual residing at 900 North Main Street, Unit 22, Greenville, South Carolina 29609. 3. The parties are the natural parents of the following minor child: Jackson Caleb Martin, born March 4, 2007 (hereinafter, "the child"). 4. The child was born out of wedlock. 5. Plaintiff seeks primary physical and legal custody of the child. 6. Plaintiff currently resides with her sister, Rayna Duttry, and the child in Camp Hill, Cumberland County, Pennsylvania. 7. Defendant currently lives alone at 900 North Main Street, Unit 22, Greenville, South Carolina 29609. 8. Since birth, the child has resided with the following persons and at the following addresses: Names Addresses Dates Dyana Gaines and 2001 Rupley Rd. A - 203 Woodrow Wilson Martin, III Camp Hill, PA 17011 3/4/07 - 4/12/07 Dyana Gaines and 100 West Court Street 4/12/07 - 6/09/07 Woodrow Wilson Martin, III Unit 4E, Greenville, S.C. 29601 Dyana Gaines 912 Caledon Court Greenville, S.C.29615 6/09/07 -10/05/07 (split between residences) Woodrow Wilson Martin, III 900 North Main Street Unit 22 Greenville, S.C. 29609 Dyana Gaines 1111 Yberdon Drive, Apt. C-3 Rayna Duttry Camp Hill, PA 17011 10/05/07 -present 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 13. The best interest and permanent welfare of the child will be served by granting the relief requested. The quality of the child's physical, intellectual, moral and spiritual environment would be improved by primary physical and legal custody in the Plaintiff with close proximity to the child's extended family. WHEREFORE, Plaintiff requests that the Court grant to her primary physical and legal custody of the child, Jackson Caleb Martin. Respectfully submitted, l~ Jofi'n M. Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Dyana Gaines Date: October 12, 2007 VERIFICATION The undersigned, Dyana Gaines, hereby states that she is the Plaintiff in the foregoing Complaint in Custody and, as such, is authorized to execute this Verification, and that any factual statements contained in that Complaint are true to the best of her knowledge, information, and belief. She further states that she is aware that any false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. Dyana Gaines Dated: October 12, 2007 DYANA GAINES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. CUSTODY/VISITATION WOODROW WILSON MARTIN, III Defendant N0. CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Complaint in Custody," on the below-named individual in the manner indicated: First-Class and Certified Mail. Postaee Prepaid: Woodrow Wilson Martin, III 900 North Main Street Unit 22 Greenville, South Carolina 29609 ~~~ Jo~ M. Kerr, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 (717) 766-4008 Dated: October 12, 2007 ..fl ((~ V~+ c~ "~ c. ~ ~ Ca f~ -b9. ;: ---~ °n ~ ~ . T r. * ~ O ~ ~ ~ .,. r O N T ~ ' ' { t ;,3 - -j y :. ~ . -~ 9 ~ a :- ~r te; ; `.a ~ ' ' :~ -: 411 ~ ':l7 .~... --C DYANA GAINES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WOODROW WILSON MARTIN, III DEFF.,NDANT • 2007-6045 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Wednesday, October 24, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, November 19, 2007 at 10:00 AM for aPre-Nearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ ohrt .Man an r. 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 ~..~, ~;~ ~~ ~~ ~~ ~1~ ~~~ ~~~~ L~'~~ ~~ ~ ~ _h~, n/ ~ ~ ~ ~i~ o/ ~L7V ~ Evi'';i.i:l.iliu~t~_ .~.+1-i.3. ~~i ~n,:~~ ~~!~~ ~ ~.. F \FILES\Clients\12814 W Martin\I2814.1.PRAl Created: 9!20/04 0:06PM Revised: 1119/07 0:31PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DYANA GAINES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-6045 CIVIL ACTION -LAW WOODROW WILSON MARTIN, III, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of MARTSON LAW OFFICES on behalf of Defendant in the above matter. MARTSON LAW OFFICES By Je fifer .Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: November 9, 2007 +`. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John M. Kerr, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 MARTSON LAW OFFICES is D. Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 9, 2007 ~ `~c'+- i ~ r` -~y~t~ ~f~ rf3 ~. ~; ~ ~~.. ~ ~ P ~- ;~„ ~^' .~-~ ~ ~ NOV 21.200?1~+ DYANA GAINES, Plaintiff v. WOODROW WILSON MARTIN, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 6045 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT /~ AND NOW this ~ ~ day of ~~~M"~ - ' 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Woodrow W. Martin, III, and the Mother, Dyana Gaines, shall have shazed legal custody of Jackson C. Martin, born 3/04/07. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other pazent. 2. Physical Custody: The Mother shall have primary physical custody subject to Father's partial physical custody as follows: a. Commencing 11/29/07 through 12/15/07, Father shall have physical custody of Jackson Martin. Mother shall transport the Child to South Carolina and Father shall return Jackson to Mother's residence. b. Father shall have custody of Jackson 1/12/08 through 1/26/08. c. Father shall have custody of Jackson 2/16/08 through 3/3/08 (Father returns child to Mother's residence on 3/3/08). d. Father shall have custody of Jackson 4/5/08 through 4/19/08. e. This schedule of Father having 2 (two) weeks of physical custody followed by Mother having physical custody for 4 (four) weeks shall continue until further Order of Court or by mutual agreement to modify said schedule. 3. The parties shall shaze transportation for the exchanges with the exception of pazagraphs 2 (a) and (c) above. The exchange point shall be at exit 150 in Virginia off of Interstate 81 at the Cracker Barrel Restaurant. It is directed that the parties, or their representatives, shall not engage in conduct that would make the custodial exchanges acrimonious or confrontational. 4. The parents are directed to communicate any and all concerns regarding their Child to each other, preferably via email. 5. Holidays: Major holidays with the Child shall be alternated between the parents as agreed upon or by virtue of the physical custody schedule outlined above. .' ~a s ~~ l ~ T,•- 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties dispazage the other pazent in the presence of the Child. The parties aze further directed to not discuss the custody litigation or attempt to influence the Child one way or another. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. An updated conciliation conference is scheduled for May 12, 2008 at 9:00 am. The parties are directed to contact the assigned Conciliator to cancel or to have this conference telephonically. the Court, J. Distribution: ~nnifer Speazs, Esquire ,T~hn Kerr, Esquire ~` /V1~` J. Mangan, Esquire a r.w aZ ;~ ~~t~ ~ ~ ~~~ ~Q~Z Rl~1Gt•~v-~! G~:~ ~Hi ~0 ~~ I'' f DYANA GAINES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. WOODROW WILSON MARTIN, III, Defendant No. 07 - 6045 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUNIlVIARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Jackson Caleb Martin 3/04/07 Currently in the Custody of Mother 2. A Conciliation Conference was held with regard to this matter on November 19, 2007 with the following individuals in attendance: The Father, Woodrown W. Martin, III, with his counsel, Jennifer Spears, Esquire The Mother, Dyana Gaines, with her counsel, John Kerr, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. November 20, 2007 - John J gan, Esquir Cust dy onciliator ..,