Loading...
HomeMy WebLinkAbout09-0281I Carrucoli & Associates, P.C. 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorney for Plaintiff ANITA M. MARTIN Plaintiff V. KENNETH G. GREGORY Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. QQ - 2 S 1 CIVIL ACTION - LAW CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Carrucoli & Associates, P.C. 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorney for Plaintiff ANITA M. MARTIN Plaintiff V. KENNETH G. GREGORY Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW CUSTODY AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS EWPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Carrucoli & Associates, P.C. 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorney for Plaintiff ANITA M. MARTIN Plaintiff V. KENNETH G. GREGORY Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 0 g - a k/ 01?a- -Fl. CIVIL ACTION - LAW CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff by and through her counsel, Carrucoli & Associates, P.C., and avers the following in support of her Complaint: 1. The Plaintiff, Anita M. Martin, hereinafter "Mother," resides at 5305 Oxford Drive, Apt. 127, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Kenneth G. Gregory, hereinafter "Father", resides at 360 Richardson Road, York, York County, Pennsylvania. 3. Plaintiff seeks custody of the following child(ren): Name Present Residence Age Leah K. Gregory 5305 Oxford Dr. Apt. 127 16 Mechanicsburg, PA 17055 Konstance N. Grego 5303 Oxford Dr. Apt. 127 14 ry Mechanicsburg, PA 17055 The Children were born during the marriage of Plaintiff and Defendant. listed above. The Children are currently in the custody of Mother who resides at the address During the past five years, the child has resided with the following persons and at the following addresses: listed above. listed above. Name Address Dates Anita M. Martin and 5305 Oxford Dr. Apt. 127 2005-Present Patrick D. Martin, Jr. Mechanicsburg, PA 17055 Kenneth G. Gregory 360 Richardson Road 2001-2005 York, PA 17408 The Mother of the children is Anita M. Martin and currently resides at the address Mother is currently married to Patrick D. Martin, Jr. The Father of the child Kenneth G. Gregory and currently resides at the address Father is currently married to Marsha Gregory. 4. The relationship of Plaintiff to the children is that of natural Mother. The Plaintiff currently resides at her current residence listed above with her two children and her husband. 5. The relationship of Defendant to the children is that of natural Father. The Defendant currently resides at his current address listed above with his wife. 6. Plaintiff has participated as a party in other litigation concerning the custody of the children in another court. The court, term and number, and its relationship to this action is: The Court of Common Pleas of York County, 1997-SU-00637-03. This action was originally filed in York County due to the residence of both parties and the children being there. Since 2005 the residence of the children has been Cumberland County where they have been living with their Mother and Step-Father. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. 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 Mother has had custody of the children since 2005 when Father sent them to live with her and her husband. At this time, Father is in agreement with Mother retaining custody of the children and there is a signed Custody Agreement attached to this Complaint in Custody. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary physical custody of the children and Father partial physical custody as laid out in the attached Custody Agreement. Respectfully submitted; PA Supreme Court ID # 202325 875 Market Street, Suite 200 Lemoyne, PA 17043 (717)761-1274 VERIFICATION I, Anita M. Martin, verify that the statements made in this Complaint in Custody are true and correct. 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. Date: 1 44?1- Anita M. Martin ANITA M. MARTIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: V. KENNETH G. GREGORY, Defendant. CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esq., hereby certify that a true and correct copy of the Complaint in Custody was served this date on the below named, by placing same in the United States certified mail addressed as follows: Kenneth G. Gregory 360 Richardson Road York, PA 17408 Date: ?Y- ?` .. `' Q L9 r^ a 1('? C\j Lj- CT L `. - Q ? =? v N s t Carrucoli & Associates, P.C. 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorneys for Plaintiff ANITA M. MARTIN Plaintiff V. KENNETH G. GREGORY Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 6 ? :2 k / CIVIL ACTION - LAW CUSTODY CUSTODY AGREEMENT On this day of January, 2009, the undersigned parties have agreed to the following Custody Stipulation: 1. The parties, Anita M. Martin, hereinafter referred to as Mother, and Kenneth G. Gregory, hereinafter referred to as Father, are the parents of two minor children; Leah K. Gregory, born October 11, 1992, and Konstance N. Gregory, born September 5, 1994. 2. The minor children have been residing on a full time basis with their Mother since June 10, 2005. 3. Mother shall enjoy full legal custody of both minor children, to include, but is not limited to educational, medical and religious decisions. Mother is to provide Father with all relevant information regarding matters involving the minor children such as school activities, progress in school and information regarding medical matters. T Carrucoli & Associates, P.C. 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorneys for Plaintiff 4. Mother shall enjoy full physical custody of the minor children and Father shall enjoy periods of partial physical custody every other weekend from Friday at 5 P.M. until Sunday at 5 P.M. The minor children are involved in many school activities, sports and employment and, therefore, Father's visitation will be dependent on the schedule of the minor children and may not occur on a strict every other weekend basis. The parties will communicate with each other regarding scheduling of Father's weekend visits. 5. Holidays: a. Mother and Father shall have partial physical custody on alternating holidays throughout the year from 9 A.M. until 5 P.M. Those holidays shall be New Year's Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving. b. Christmas: In odd-numbered years, Mother shall have the right to physical custody from Christmas Eve at Noon until Christmas Day at Noon. Father shall then have physical custody of the minor children from Christmas Day at Noon until the following day at Noon. In even-numbered years, the schedule shall reverse. c. Mother shall have physical custody of the minor children on Mother's Day, starting at 9 A.M. and ending at 5 P.M. Father shall have physical custody of the minor children on Father's Day starting at 9 A.M. and ending at 5 P.M. d. The Holiday shall supercede the regular custody schedule but shall also depend on the school activities, sports and employment of the children and, therefore, the Holiday schedule may not occur as laid out above. The parties j Carrucoli & Associates, P.C. 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorneys for Plaintiff shall communicate with each other regarding any rescheduling of Father's Holiday visits with the children. 6. The party relinquishing custody of the children shall have the responsibility of transportation. Exchange of the minor children shall occur at a place mutually agreeable to both Mother and Father. 7. Neither parent may do or say anything to or in the presence of the minor children or permit any third party to do or say anything to or in the presence of the minor children that may hinder the free and natural development of the children's love and respect for the other parent, or which would be considered disparaging, belittling or critical of the other parent. Neither parent may cause the children to become estranged from the other party, the parties' spouse, significant other or other relative. 8. In the event of an emergency or serious illness while the minor children are in the care of Father, he will immediately contact Mother by telephone or other practical means in order to inform her of the emergency and where the minor children are. In the event of an emergency or serious illness while the minor children are in the care of Mother, Mother will handle the emergency and immediately contact Father by telephone or other practical means in order to inform him of what occurred. 9. If either parent is planning on taking the minor children out of the Commonwealth of Pennsylvania, they shall notify the other party of their intention at least two weeks in advance and shall provide the other parent with a telephone number and ' Carrucoli & Associates, P.C. 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorneys for Plaintiff address where the children may be contacted outside of the Commonwealth of Pennsylvania. 10. The non-custodial parent shall have reasonable phone contact with the minor children while they are in the custody of the other parent. IN WITNESS WHEREOF, the parties hereto set their hands to this Stipulation on the date above-mentioned and agree that the above shall be entered as an Order of Court. Witness to M. Martin, P 'ntiff Witness enneth . Gregory, Defe car<~ ? ? ti taa N ? J N r ° Carrucoli & Associates, P.C. 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorneys for Plaintiff d ANITA M. MARTIN Plaintiff V. KENNETH G. GREGORY Defendant. JAN ? 3 20096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. V 9 -A / CIVIL ACTION - LAW CUSTODY ORDER OF COURT 2-00's AND NOW, this ?. I day of 2988; the attached Custody Agreement, as agreed to and signed by the parties, shall be entered as an Order of Court. BY THE COURT; -t 1-11-V - x ,f,Q- obnLdc -?47- o 1-tto .s314o0 - bn'8t'li ZC .9 !,,IV 87 VP 6901 L'+ 1='7H