HomeMy WebLinkAbout04-2142LARRY J. FRICK,
Plaintiff
KRISTIN P. MARTZ,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 0¥'
CiVIL ACTION- CUSTODY
To the Judges of Said Court:
Complaint for Custody
AND NOW, this 13th day of May, 2004 comes LARRYJ. FRICK, Plaintiff
above named, by and through his attorney, John M. Glace, Esquire, and respectfully
presents the below Complaint for Custody, and, in support thereof, avers the following:
1. PlaintiffLARRY J. FRICK is an adult individual who resides 4~fl~8th Street,
Apartment 1, New Cumberland, Cumberland County, Pennsylvania.
2. Defendant KRISTIN P. MARTZ is an adult individual who resides at 522
Marsh Run road, New Cumberland, York County, Pennsylvania.
3. Above parties are the biological parents of Kylar Benjamin Frick ( dob:
12/12/02)
4. Above parties are not married; nor have ever been married..
5. Parties have recently separately; but minor child has always resided at mother's
above address.
6. There have been no prior custody actions.
7. All parties having any custodial interest to the minor child are made party to
this action
8. No named party is a present member of the armed forces of the United States
of America.
9. Plaintiff father requests an established period of partial custody and joint legal
custody of minor child.
WHEREFORE, above Plaintiff IMRRYJ. FRICK. respectfully requests this
Honorable Court to grant him partial physical within established periods of time and
joint legal custody of Kylar Benjamin Frick with any terms and conditions deemed
advisable by the Court..
Respectfully Submitted,
Supreme 2aunt ID: 23933
132~134/ ia}hut Street
Harr~g, PA 17101-1612
(717) 238-5515
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that this 13th day of May, 2004 1 have served a true and
correct copy of thc foregoing Complaint for Custody, by hand delivery, upon:
Kfistin P. Martz
522 Marsh Run Road
New Cumberland, PA 17070
LAW OFFICES of JOHN M. GLACE
e, Esquire
-]/3~ ~qalnut Street
H~fi~r~] PA. 17101-1612
717) 238-5515
Identification No. 23933
Counsel for Plaintiff
LARRY J. FRICK : 1N THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 04-2142 CIVIL ACTION LAW
KRISTIN P. MARTZ
: IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, May 20, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Meehanicsburg, PA 17055 on Tuesday, June 22, 2004 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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 g~ounds 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: /si
Dawn S. Sunday, Esq.
Custody Conciliator
mhc
12ne 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 ATTORNF;Y 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
LARRY J. FRICK
Plaintiff
VS.
KRISTIN P. MARTZ
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-2142 C, IVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ____.__~ day of ( ,~,_~, ,.. , 2004, upon
consideration of the attached Custody ~onciliation Report, it is Ordered and directed as-~ollows:
1. The Father, Lan'y J. Frick, and the Mother, Kristin P. Martz, shall have shared legal custody
of Kylar Benjamin Frick, born December 12, 2002. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergancY decisions affecting the
Child's general well-being including, but not limited to, all decisie,ns regarding his health, education
and religion, pursuant to the terms of this paragraph each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, school and medical records and
information.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Ctdld during the last three weekends of
every month from Friday at 4:30 p.m. through Sunday at 7:30 p.m., and during every week on Tuesday
and Thursday from 4:30 p.m. until 7:30 p.m.
4. The parties shall share having custody of the Child on ]holidays as arranged by agreement.
5. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ,ensure that third parties having contact
with the Child comply with this provision.
6. This Order is entered pursuant to an agreement of the parties at 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.
cc: John M. Glace, Esquire - Counsel for Father
Kristin P. Martz, Mother
LARRY J. FRICK
VS.
Plaimiff
JIJ~/O 2004.
IN THE COURT OF COMMOI~LEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-2142 CIVIL ACTION LAW
ICRISTIN P. MARTZ
Defendant
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT.
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME.
Kylar Benjamin Frick
DATE OF BIRTH
December 12, 2002
CURRENTLY IN CUSTODY OF
Mother/Father
2. A conciliation conference was held on June 22, 2004, with the following individuals in
attendance: The Father, Larry J. Frick, with his counsel, John M. Glace, Esquire, and the Mother,
Kristin P. Martz, who is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
Date
Dawn S. Sunday, Esqmre
Custody Conciliator