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Home My WebLink About09-8698Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ]maclava,dzinniziaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. MARTIN, Plaintiff No. d 9- ill 99 j r V. CIVIL ACTION - LAW NAOMI L. MARTIN, Defendant (In Custody) COMPLAINT FOR CUSTODY 1. The Plaintiff is Michael S. Martin, who currently resides at 202 April Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Naomi L. Martin, who currently resides at 1923 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks shared physical custody of the following children: Name Lucas Michael Present Residence 202 April Drive Camp Hill, PA 17011 1923 Columbia Avenue Camp Hill, PA 17011 Age 5 years The child was not born in wedlock. Macy Vella 202 April Drive Camp Hill, PA 17011 1923 Columbia Avenue Camp Hill, PA 17011 The child was born in wedlock. 3 years The children are presently operating under a shared custody schedule in the custody of Michael Martin, who resides at 202 April Drive, Camp Hill, Pennsylvania, 17011 and Naomi Martin, who resides at 1923 Columbia Avenue, Camp Hill, Pennsylvania 17011. During the past five years, the children have resided with the following persons and at the following addresses: Name Address Dates Michael, Naomi, Lucas & Macy 266 Susquehanna Ave. 9/2004-9/2006 Michael, Naomi, Lucas, Macy, Hubert & Thelma Martin Michael, Naomi, Lucas, Macy, & Debra Valdez Michael, Naomi, Lucas & Macy Michael, Naomi, Lucas & Macy Michael, Lucas & Macy Naomi, Lucas, Macy & Debra Valdez Michael, Lucas, Macy Hubert & Thelma Martin Michael, Naomi, Lucas, Macy, Hubert & Thelma Martin Michael, Lucas, Macy Hubert & Thelma Martin, Myra Martin & Maddison Maloney Enola, PA 17025 202 April Drive 9/2006-6/2007 Camp Hill, PA 17011 5771 Brian Road 6/2007-7/2007 Mechanicsburg, PA 17050 115 Walnut Street 7/2007-2/2008 Carlisle, PA 17013 6 Mallard Court 2/2008-12/2008 Mechanicsburg, PA 17050 6 Mallard Court 12/2008-3/2009 Mechanicsburg, PA 17050 5771 Brian Road 12/2008-8/2009 Mechanicsburg, PA 17050 202 April Drive 3/2009- 8/2009 Camp Hill, PA 17011 202 April Drive 8/2009-11/2009 Camp Hill, PA 17011 202 April Drive 11/2009- Present Camp Hill, PA 17011 Naomi, Lucas, Macy 5771 Brian Road 11/2009-12/2009 & Debra Valdez Mechanicsburg, PA 17050 Naomi, Lucas, & Macy 1923 Columbia Ave 12/2009-Present Camp Hill, PA 17011 The father of the children is Plaintiff, currently residing at 202 April Drive, Camp Hill, Cumberland County, Pennsylvania. He is married/separated. The mother of the children is Defendant, who currently resides at 1923 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania. She is married/separated. 4. The relationship of Plaintiff to the children is that of Father. Plaintiff currently resides with the following persons: Hubert and Thelma Martin (Paternal Grandparents), Myra Martin (Paternal Aunt) and Maddison Maloney (Paternal Cousin) 5. The relationship of Defendant to the children is that of Mother. Defendant currently resides with the following persons: None. 6. 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. 7. Plaintiff has no information of a custody proceeding concerning the child 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: A. Plaintiff is the natural Father of the children. B. Plaintiff and Defendant have had shared physical custody of the children, operating on a 3-2-2-3 schedule, since December 2008. C. Plaintiff has a warm and loving relationship with the children, which has helped foster their development and growth. D. Plaintiff has in the past, and will continue to provide a stable, loving home environment for the children. E. Plaintiff has in the past and will continue to promote the relationship between the children and Defendant. 10. Each parent whose parental rights to the children have not been terminated and the parent who has physical custody of the children have been name as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order granting the parties shared legal and physical custody of the children on the 3-2-2-3 schedule under which the children and the parties have been operating since December 2008 and under which the children are currently thriving. However, if Defendant seeks primary physical custody, Plaintiff believes that he is the more stable parent and the parent more willing to promote a relationship between the children and Defendant and therefore Plaintiff will seek primary custody. Date: Daevv*N I-+) ZOO Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: i say Gi h M lay, Esqui Supreme o ID # 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 Attorneys for Plaintiff VERIFICATION I, Michael S. Martin, verify that the statements made in this Complaint 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 of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Dated: Michael S. Martin, Plainti nAn?i!,;-?r s ?L? GJM A41&j MICHAEL S. MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-8698 CIVIL ACTION LAW NAOMI L. MARTIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, December 21, 2009 , 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, Mechanicsburg, PA 17055 on Wednesday, January 20, 2010 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. Failure to appear at the conference may provide grounds for entrv 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/ Dawn S. Sunda Es q. 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 y?lUyl ??`?.p>' A-W 09 /a Df Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclayAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S. MARTIN, Plaintiff No. 2009-8698 V. CIVIL ACTION - LAW NAOMI L. MARTIN, Defendant (In Custody) AFFIDAVIT OF SERVICE n r..? c. O c_n tv I, Amanda M. Shull, Paralegal to Lindsay Gingrich Maclay, Esquire, being duly sworn according to law, deposes and says that on the 14th day of January, 2010, I did serve upon Naomi L. Martin, Defendant in the foregoing case, a true and correct certified copy of the December 17, 2009 Custody Complaint, a copy of the December 21, 2009 Custody Conciliation Scheduling Order and the January 12, 2010 Custody Conciliation scheduling Order rescheduling the Conciliation for January 26, 2010, by sending a copy of same to Naomi L. Martin via certified mail, restricted delivery, return receipt requested and via regular United States mail, to 1923 Columbia Avenue, Camp Hill, Pennsylvania, 17011. A copy of the Return Receipt is attached hereto as Exhibit "A". The original Return Receipt is filed under the Divorce Docket. Sworn to and subscribed before me this ay of , 2010 By: COMMONWEALTH OF PENNSYLVAMA NOTARIAL SEAL Gloria M Rine, Notary Public I MY Lower Paxton Township, Dauphin County commission expires November 15, 2011 FT I DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Amanda M. Shull, Paralegal to Lindsay Gingrich Maclay, Esquire 1029 Scenery Drive Harrisburg, PA 17109 Exhibit "A" E(Domestic Postal Service TIFIED MAIL -, RECEIPT Mail Only; No Insurance Coverage Provided) ra ra Dr m a O C3 C3 C3 Q' rD ru O O r1-- Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement RegWred) ¦ Complete Items 1, 2, and 3. Also oomple Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the rave so that we can return the card to you. ¦ Attach this card to the back of the mailo or on the front If apace permits. 1. Article Addressed to: Nis. Naomi L. MaV-h (x(23 C61umui a Av e- camp +?ivi l PA- l-r U)ti I A- Signature - { wary 113' Rec? by ( " t Data Ni D. Is delivery address.dff<e ant from Item 1? ? Y8s If YES, enter delivery address below: ? No 3 service Type ? Cettiiled Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? insured man ? C.O.D. 4. Restricted Dellveryrt (Ddra Fee) Yes 2. Article Number ? 704 289 0001 3911 2104 PS Form 3811, February 2004 Domestic Return Receipt 102e95-02-M-1540 r FEB O 'l 2010 4 1 MICHAEL S. MARTIN Plaintiff VS. NAOMI L. MARTIN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-8698 IN CUSTODY ORDER OF COURT CIVIL ACTION LAW A Q an N cn b AND NOW, this day of -?e L , , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Michael S. Martin, and the Mother, Naomi L. Martin, shall have shared legal custody of Lucas Michael Martin, born September 8, 2004, and Macy Vella Martin, born April 18, 2006. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall share having physical custody of the Children in accordance with the following alternating weekly schedule: A. Week I: During Week I, the Father shall have custody of the Children from Monday before school through Wednesday before school, the Mother shall have custody from Wednesday before school through Friday before school and the Father shall have custody from Friday before school through the following Monday before school. B. Week II: During Week II, the Mother shall have custody of the Children from Monday before school through Wednesday before school, the Father shall have custody from Wednesday before school through Friday before school, and the Mother shall have custody from Friday before school through Monday before school. 3. The parties shall share having custody of the Children on holidays as arranged by agreement. The parties agree that they shall alternate having custody for the overnight period from Christmas Eve into Christmas Day each year, beginning with the Mother having custody in 2010. 4. Each party shall be entitled to have custody of the Children for up to 14 days each year for vacation upon providing at least 60 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Vacation periods under this provision shall be scheduled in no more than seven consecutive day blocks. Each party shall schedule periods of custody under this provision to include that party's regular weekend period of custody unless otherwise agreed. In the event either party intends to remove the Children for a period of custody under this provision from the local area for an overnight period or longer, that parent shall provide the other parent with advance notice of the address and telephone number where the Children can be contacted. 5. Neither party shall permit a third party, including grandparents, to remove the Children from the Commonwealth of Pennsylvania for an overnight period or longer in that parent's absence without the prior consent of the other parent. 6. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Children. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. 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: --intina M. Laudermilch, Esquire - Counsel for Father :: aomi L. Martin - Mother C o p oes I ?.l ;LI !O BY THE COURT, MICHAEL S. MARTIN Plaintiff VS. NAOMI L. MARTIN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-8698 CIVIL ACTION LAW 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lucas Michael Martin September 8, 2004 Mother/Father Macy Vella Martin April 18, 2006 Father/Mother 2. A custody conciliation conference was held on January 26, 2010, with the following individuals in attendance: the Father, Michael S. Martin, with his counsel, Quintina M. Laudermilch, Esquire, and the Mother, Naomi L. Martin, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. J d 7 o4o1D Date L"-'4af?? Dawn S. Sunday, Esquire Custody Conciliator