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HomeMy WebLinkAbout09-5419MOLLY R. MARTZ, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW JN DIVORCE/CUSTODY BRADLEH M. MARTZ, Defendant :NO. 0 7 6Y/ / 9 ?i.?,?w 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 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 MOLLY M. MARTZ, :1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY BRADLEH M. MARTZ, 5y? OAi" TZ. Defendant :NO. U 9• COMPLAINT AND NOW comes the Plaintiff, Molly M. Martz, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, Il, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Molly M. Martz, is an adult individual residing at 843 Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Bradleh M. Martz, is an adult individual residing at 22 Oakshire Drive, Hummelstown, Dauphin County, Pennsylvania 17036. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on August 13, 2006. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff s marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Molly M. Martz, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, 2 during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Molly M. Martz, respectfully requests the Court to divide all marital property equitably between the parties. COUNT III REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 15. The averments contained in Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through her current employment in accordance with the standard of living established during the marriage. 3 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, pursuant to 23 Pa.C.S.A. §3701, Plaintiff, Molly M. Martz, respectfully requests the Court to enter an award of alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 18. The averments contained in Paragraphs 1 through 17 of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, pursuant to 23 Pa.C.S.A. §3702, Plaintiff, Molly M. Martz, respectfully requests the Court to enter an award of alimony pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. 4 COUNT V REQUEST FOR CUSTODY, PARTIAL CUSTODY, AND/OR VISITATION UNDER SECTION 5303 OF THE DIVORCE CODE 21. Plaintiff seeks primary physical custody of the following children: Name Present Residence Date of Birth Piper M. Martz 843 West Foxcroft Drive 01/03/2007 Camp Hill, PA 17011 Wyatt J. Martz 843 West Foxcroft Drive 04/15/2009 Camp Hill, PA 17011 The children were not born out of wedlock. 22. The children are presently in the custody of Plaintiff who resides at 843 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 23. During the past five years, the children have resided with the following persons and at the following addresses: Persons Plaintiff and Defendant Address 501 Grant Street Camp Hill, PA 17011 Dates birth until 8/06 Plaintiff and Defendant Plaintiff 843 West Foxcroft Drive Camp Hill, PA 17011 843 West Foxcroft Drive Camp Hill, PA 17011 8/06 until 5/17/09 5/17/09 to present 24. The Mother of the children is Molly Martz, currently residing at 843 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 25. The Father of the children is Bradleh M. Martz, currently residing at 22 Oakshire Drive, Hummelstown, Dauphin County, Pennsylvania 17036. 5 26. The relationship of Plaintiff to the children is that of Mother. Plaintiff currently resides with the following persons: The parties minor children. 27. The relationship of Defendant to the children is that of Father. Defendant currently resides with the following persons: His parents, Leslie and Douglas Martz and his brother, Jeremy Martz. 28. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 29. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 30. 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. 31. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the primary caretaker of the children since birth and Defendant has a serious drug and alcohol problem. 32. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action 6 and the right to intervene. WHEREFORE, pursuant to 23 Pa.C.S.A. §5303, Plaintiff, Molly M. Martz, respectfully requests the Court to grant her primary physical and joint legal custody of the parties' minor children. DATED: of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 7 Respectfully submitted, VERIFICATION I, Molly M. Martz, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities DATED: p ,,f- TL` Y r + - J C. o cl 44. Qf? A 33&,so 19.0 0 3 er , ?-d /0 ), crv Cu ? ? icy Sb f 5 I F, CA. / q63 OLL. d.? .z -7 9 ??`l MOLLY M. MARTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEH M. MARTZ DEFENDANT 2009-5419 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 12, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 10, 2009 at 8:30 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/ jacqueline M. Verney, Esq. 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 4'e P-,e -fire_ SEP 10, 2009 MOLLY M. MARTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-5419 CIVIL ACTION - LAW BRADLEH M. MARTZ, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 10`" day of September, 2009, being advised that the parties have reconciled, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, )a!c?q?ine M. Verney, Esquire, Custod Conciliator RLEPI--Cali c;F OF THE PROT r"'NIOTAPY 2009 SEP 10 P 2: 4 '11, Ai4jy, PENNSYLWINIA. A w DATED: Respectfully submitted MOLLY M. MARTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE/CUSTODY BRADLEH M. MARTZ, Defendant : NO. 09 -- 5419 I PRAECIPE TO DISCONTINUE ,I TO THE PROTHONOTARY: Please mark the above-captioned divorce and custody action discontinued 4nd ended. of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Attorney for CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Mr. Bradleh M. Martz 843 Foxcroft Drive Camp Hill, PA 17011 DATED: ?',?? BLED-Cl{-°rluE OF THE PP' M-`!NIq--T,PY 2099 SEP 21 P?i 12: L; 1 nr#?'C"ri P`if rrf i`w?71 L1?YtiNIV4