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HomeMy WebLinkAbout10-0185Date: 1/6/2010 Time: 04:03 PM Page 1 of 2 Filed: Subtype: Comment: Status History Physical File: Y Appealed: N Pending 5/9/2007 Disposed 5/1012007 Reopened 11/16/2009 Transferred 12/30/2009 Judge History Date Judge 5/9/2007 No Judge, 11/16/2009 Bratton, Bruce F. Payments Receipt Date Petrie, Charles E (attorney for M 131610 5/912007 Plaintiff Name: Martin, Traci Address: Phone: Home: Work: Employer: Litigant Type: Comment: Attorneys Petrie, Charles E Defendant Name: Address: Phone: Home: Employer: Litigant Type: Comment: Register of Actions 5/9/2007 New Civil Case Filed This Date. Plaintiff: Martin, Traci Attorney of Record: Charles E Petrie Filing: Custody Complaint Paid by: Petrie, Charles E (attorney for Martin, Traci) Receipt number: 0131610 Dated: 5/9/2007 Amount: $233.50 (Check) Complaint in Custody, filed. Motion, filed. 5/9/2007 Custody/Visitation Martin, Michael S Dauphin County Complete Case History Case: 2007-CV-04695-CU Traci Martin vs. Michael S Martin Reason for Removal Administrative Current User: LBECHTEL Type Amount Civil Filing 233.50 Total 233.50 SSN: DOB: Sex: Send notices: Y (Primary attorney) Send Notices Work: SSN: DOB: Sex: Send notices: Y No Judge, No Judge, No Judge, No Judge, No Judge, Date: 1/612010 Dauphin County Time: 04:03 PM Complete Case History Page 2 of 2 Case: 2007-CV-04695-CU Traci Martin vs. Michael S Martin Register of Actions 5/9/2007 Stipulation, filed No Judge, 5/10/2007 Upon consideration of the within Motion, Stipulation, and Complaint, it is hereby Bratton, Bruce F. ORDERED as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of Elle Victoria Martin, born August 23, 2001; Tyler James Martin, born September 10, 2002. 2. The parties agree that they will share physical custody of the subject minor children in accordance with the following schedule: a. Mother will have physical custody of the children from Sunday evening through Wednesday evening. b. Father will have physical custody of the children from Wednesday evening through Sunday evening. See Complete ORDER, filed. Copies dist. by Ct Admin. 5-11-07 11/16/2009 Petition to Transfer Jurisdiction Pursuant No Judge, to 23 Pa.C.S 5422(a)(2) as 23 Pa.C.S. 5471 if the Uniform Child Custody Jurisdiction and Enforcement Act, filed. Judge assigned to case. Bratton, Bruce F. 11/19/2009 Certificate of service of petition to transfer No Judge, jurisdiction, filed. 11/23/2009 A rule is hereby issued on Defendant Bratton Bruce F Michael Martin to show cause as to why , . Plaintiffs Petition to Transfer Jurisdiction to the Court of Common Pleas of Cumberland County should not be granted. Rule returnable 10 days from the date of this Order. See Order of Ct., filed Copies dist 11/24/09 Chambers 12/8/2009 Petition to make rule absolute pursuant to No Judge, pa.r.c.p. 206.7, filed. 12/22/2009 It is hereby ORDERED that plaintiffs Bretton Bruce F Petition to Transfer Jurisdiction is granted. , . The Prothonotary of Dauphin Court is directed to transfer this case to the Court of Common Pleas of Cumberland County to a new docket number. See Order of Ct., filed Copies dist 12/22/09 Chambers 12/30/2009 The above action transferred to the Court Bratton Bruce F of Common Pleas of Cumberland County. , . ****NO MORE ENTRIES CASE TRANSFERRED Bretton, Bruce F. TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I hereby certify that the foregoing is a true and correct copy of the original flied. Prothonotary/Clerk of Courts User: LBECHTEL Traci Martin, Plaintiff/ Petitioner V. Michael Martin, Defendant/ Respondent 0, '"s'??d ID- ITS Date 04-1 lrllals AL-D IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY' ?.- C-1 No. 2007-CV-4695-CU CIVIL N ORDER OF COURT AND NOW, this ?a day of VC?"' , 2%9, it is hereby ORDERED that Plaintiff's -o Petition to Transfer Jurisdiction is granted. The Prothonotary of Dauphin County is directed to transfer this case to the Court of Common Pleas of Cumberland County to a new docket number. BY THE COURT, ruce F. rBR4raqtttton,, ge a `o w r :+v -Z FP Distribution: Megan Riesmeyer, Esquire, The Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013 Michael Martin, 2375 Walnut Bottom Road, Carlisle, PA 17015 Curt Long, Cumberland County Prothonotary, One Courthouse Square, Carlisle, PA 17013 Stephen Farina, Dauphin County Prothonotary DES' _ I hereby-certify that the foregoing is a true and correct copy _0+ the originsi filed. .. -t-c?Jwa.?? Prothor, is a a % Traci Martin, : IN THE COURT OF COMMON PLEAS Plaintiff/ Petitioner : OF DAUPHIN COUNTY, : PENNSYLVANIA V. CIVIL ACTION -LAW IN CUSTODY Michael Martin, Defendant/ Respondent :No. 2007-CV-4695-CU CIVIL TERM ORDER OF COURT AND NOW, this _day of , 2009, it is hereby ORDERED that Plaintiffs Petition to Transfer Jurisdiction is granted. The Prothonotary of Dauphin County is directed to transfer this case to the Court of Common Pleas of Cumberland County to a new docket number. BY THE COURT, Bruce F. Bratton, Judge Distribution: Megan Riesmeyer, Esquire, The Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013 Michael Martin, 2375 Walnut Bottom Road, Carlisle, PA 17015 Curt Long, Cumberland County Prothonotary, One Courthouse Square, Carlisle, PA 17013 Stephen Farina, Dauphin County Prothonotary Traci Martin, Plaintiff V. Michael Martin, Defendant IN THE COURT OF COMMON PL AG E D DAUPHIN COUNTY, PENNSYLVANIA NO. 2007-CV-4695-CU CIVIL ACTION -LAW PETITION TO MAKE RULE ABSOLUTE PURSUANT TO Pa.R.C.P. 6206.7 AND NOW, comes the Plaintiff, Traci Martin, by and through her attorneys, the Family Law Clinic, and files this Petition to Make the Rule issued on November 23, 2009 Absolute and states as follows: 1. On November 16, 2009, Plaintiff filed a Petition to Transfer Jurisdiction Pursuant to 23 Pa.C.S. § 5422(a)(2) and 23 Pa.C.S. § 5471 of the Uniform Child Custody Jurisdiction and Enforcement Act. 2. On November 23, 2009, the Honorable Judge Bruce F. Bratton issued a Rule upon the Defendant, Michael Martin, to show cause why Plaintiff s Petition to Transfer should not be granted. 3. Ten (10) days have passed and no response to the Rule to Show Cause has been filed by Defendant. WHEREFORE, Plaintiff requests the Court to make the Rule Absolute and grant Plaintiff s Petition to Transfer Jurisdiction by transferring this matter to the Court of Common Pleas of Cumberland County. Respectfully Submitted, Amber Bireley Certified Legal Intern Megan . 'esmeyer Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 0- TRACI MARTIN, vs. ` ?? _ , E L IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHAEL S. MARTIN, Defendant NUMBER: y? xOO7 - Cv- t4&95- CU CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, TRACI MARTIN, by her attorney, Charles E..-" Petrie, and respectfully represents as follows: 1. Plaintiff is TRACI MARTIN, who currently resides at 120 Quince Street, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is MICHAEL S. MARTIN, who currently resides at 140 Old State Road, Gardners, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of shared physical and legal custody with respect to ELLE VICTORIA MARTIN, born August 23, 2001; and TYLER JAMES MARTIN, born September 10, 2002. The children were not born out of wedlock. The children are presently in the custody of Defendant, MICHAEL S. MARTIN. Since birth the child have resided with the following persons and at the following addresses: From birth until February 1, 2007, with both parents at 140 Old State Road, Gardners, Pennsylvania; from February 1, 2007, until the present with both parents in a joint custody arrangement at their present addresses. The mother of the children is TRACI MARTIN, who currently resides at 120 Quince Street, Harrisburg, Pennsylvania. She is separated. The father of the child is MICHAEL S. MARTIN, who currently resides at 140 Old State Road, Gardners, Pennsylvania. He is separated. 4. The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides with her father, Frank DeBolt, Janet LeCrone, and Helen Karper. 5. The relationship of the Defendant to the child is that of father. He currently resides with the children. 6. The 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 in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by confirming rights of primary physical and shared legal custody in Plaintiff. 8. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. 9. The parties have entered into a Stipulation, attached hereto, setting forth their agreement concerning custody of the minor children. WHEREFORE, Plaintiff requests the Court enter an Order confirming rights of shared physical and legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion and Complaint 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. rA A 7 DATE TRACI MARTIN ?iMA`ED TRACI MARTIN, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW d vs. MARTIN N QO7 Cv ??rlS"CC,( MICHAEL S Oj Defendant IN CUSTODY a STIPULATION AGREEMENT, made this day of , 2007, by acid -' between MICHAEL S. MARTIN, hereinafter referred to as "Father;" and TRACI MARTIN, hereinafter referred to as "Mother;" WITNESSETH: WHEREAS, the parties hereto are the natural parents of two minor children, ELLE VICTORIA MARTIN, born August 23, 2001; TYLER JAMES MARTIN, born September 10, 2002; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Dauphin County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of ELLE VICTORIA MARTIN, born August 23, 2001; TYLER JAMES MARTIN, born September 10, 2002. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so 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 party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. 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 given to either party. 2. The parties agree that they will share physical custody of the subject minor children in accordance with the following schedule: a. Mother will have physical custody of the children from Sunday evening through Wednesday evening. t l b. Father will have physical custody of the children from Wednesday evening through Sunday evening. c. Mother will drop off the minor children at Father's place of residence on Wednesday evenings and Father will drop off the minor children at Mother's residence on Sunday evenings. d. The parties agree to split the holidays as follows: 1. Mother will have the following holidays: Easter, Memorial Day, and Fourth of July. 2. Father will have the following holidays: New Year's Day, Labor. Day, and Thanksgiving. 3. Father will have the minor children from Christmas Eve at noon until Christmas Day at noon. 4. Mother will have the minor children from Christmas Day at noon until December 26 at noon. e. Both parties are entitled to two non-consecutive weeks of vacation with said minor children with fourteen (14) days' notice to the other party. 3. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. 4. Neither parent shall abuse alcohol to the point of intoxication or use illicit drugs in the same vehicle or household when they have custody of the children. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. C'e6"..,X WITNESS 1 MICHAEL S. M RTIN ??,?° WITNESS TRACI MARTIN ORIGINAL fl IMAGED TRACI MARTIN, vs. DISTRIBUTED A Ay 1 L407 IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL S. MARTIN, Defendant NUMBER: OM7- CV-(40S-CU : IN CUSTODY ORDER T AND NOW, this ?D day of 2007, upon consideratid of the within Motion, Stipulation, and Complaint, it is hereby Ordered as fo-Hows: 1. It is the intention of the parties and the parties agree that they?will N share joint legal custody of ELLE VICTORIA MARTIN, born August 23, 2"601; TYLER JAMES MARTIN, born September 10, 2002. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so 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 party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. 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 given to either party. 2. The parties agree that they will share physical custody of the subject minor children in accordance with the following schedule: a. Mother will have physical custody of the children from Sunday evening through Wednesday evening. b. Father will have physical custody of the children from Wednesday evening through Sunday evening. c. Mother will drop off the minor children at Father's place of residence on Wednesday evenings and Father will drop off the minor children at Mother's residence on Sunday evenings. d. The parties agree to split the holidays as follows: 1. Mother will have the following holidays: Easter, Memorial Day, and Fourth of July. 2. Father will have the following holidays: New Year's Day, Labor Day, and Thanksgiving. 3. Father will have the minor children from Christmas Eve at noon until Christmas Day at noon. 4. Mother will have the minor children from Christmas Day at noon until December 26 at noon. e. Both parties are entitled to two non-consecutive weeks of vacation with said minor children with fourteen (14) days' notice to the other party. 3. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. 4. Neither parent shall abuse alcohol to the point of intoxication or use illicit drugs in the same vehicle or household when they have custody of the children. BY THE C RT: J. Distribution: Charles E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 Michael S. Martin, 140 Old State Road, Gardners, PA 17324 r ? TRACI MARTIN, Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA ` CIVIL ACTION - LAW _ ?u D c; M7- Cv a c99, a3 .5 NUMBER: - IN CUSTODY _ ?. vs. MICHAEL S. MARTIN, Defendant MOTION f NOW COMES the Plaintiff, TRACI MARTIN, by and through her attorm Charles E. Petrie, and respectfully represents as follows: 1. That Plaintiff is TRACI MARTIN, an adult individual currently residing at 120 Quince Street, Harrisburg, County of Dauphin, Pennsylvania. 2. That Defendant is MICHAEL S. MARTIN, an adult individual currently residing at 140 Old State Road, Gardners, County of Cumberland, Pennsylvania. 3. That Plaintiff and Defendant are the natural parents of two minor children, ELLE VICTORIA MARTIN, born August 23, 2001; and TYLER JAMES MARTIN, born September 10, 2002. 4. That the parties have entered into a Stipulation concerning the matters of custody and visitation with respect to the minor children, and the said Stipulation is attached hereto. 5. That the parties desire that said Stipulation be entered as an Order of Court. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter an Order pursuant to the attached Stipulation. Respectfully submitted CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff TRACI MARTIN, vs. Plaintiff MICHAEL S. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NUM ER: 7"CV"uoq5 Cu IN CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, TRACI MARTIN, by her attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is TRACI MARTIN, who currently resides at 120 Quince Street, Harrisburg, County of Dauphin, Pennsylvania. 2. Defendant is MICHAEL S. MARTIN, who currently resides at 140 Old State Road, Gardners, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of shared physical and legal custody with respect to ELLE VICTORIA MARTIN, born August 23, 2001; and TYLER JAMES MARTIN, born September 10, 2002. The children were not born out of wedlock. The children are presently in the custody of Defendant, MICHAEL S MARTIN. Since birth the child have resided with the following persons and at the following addresses: From birth until February 1, 2007, with both parents at 140 Old State Road, Gardners, Pennsylvania; from February 1, 2007, until the present with both parents in a joint custody arrangement at their present addresses. The mother of the children is TRACI MARTIN, who currently resides at 120 Quince Street, Harrisburg, Pennsylvania. She is separated. The father of the child is MICHAEL S. MARTIN, who currently resides at 140 Old State Road, Gardners, Pennsylvania. He is separated. 4. The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides with her father, Frank DeBolt, Janet LeCrone, and Helen Karper. 5. The relationship of the Defendant to the child is that of father. He currently resides with the children. 6. The 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 in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by confirming rights of primary physical and shared legal custody in Plaintiff. 8. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. 9. The parties have entered into a Stipulation, attached hereto, setting forth their agreement concerning custody of the minor children. WHEREFORE, Plaintiff requests the Court enter an Order confirming rights of shared physical and legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Motion and Complaint 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 TRACI MARTIN TRACI MARTIN, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. N BER: MICHAEL S. MARTIN, M7-CJ_L1Gg5'G(.(- , Defendant IN CUSTODY STIPULATION AGREEMENT, made this day of , 2007, by and between MICHAEL S. MARTIN, hereinafter referred to as "Father;" and TRACI MARTIN, hereinafter referred to as "Mother;" WITNESSETH: WHEREAS, the parties hereto are the natural parents of two minor children, ELLE VICTORIA MARTIN, born August 23, 2001; TYLER JAMES MARTIN, born September 10, 2002; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Dauphin County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of ELLE VICTORIA MARTIN, born August 23, 2001; TYLER JAMES MARTIN, born September 10, 2002. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so 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 party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. 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 given to either party. 2. The parties agree that they will share physical custody of the subject minor children in accordance with the following schedule: a. Mother will have physical custody of the children from Sunday evening through Wednesday evening. b. Father will have physical custody of the children from Wednesday evening through Sunday evening. c. Mother will drop off the minor children at Father's place of residence on Wednesday evenings and Father will drop off the minor children at Mother's residence on Sunday evenings. d. The parties agree to split the holidays as follows: 1. Mother will have the following holidays: Easter, Memorial Day, and Fourth of July. 2. Father will have the following holidays: New Year's Day, Labor Day, and Thanksgiving. 3. Father will have the minor children from Christmas Eve at noon until Christmas Day at noon. 4. Mother will have the minor children from Christmas Day at noon until December 26 at noon. e. Both parties are entitled to two non-consecutive weeks of vacation with said minor children with fourteen (14) days' notice to the other party. 3. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. 4. Neither parent shall abuse alcohol to the point of intoxication or use illicit drugs in the same vehicle or household when they have custody of the children. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS MICHAEL S. M RTIN WITNESS TRACI MARTIN MAY 20307 F eceive RECEIVED OFFICE OF PROTHONOTARY Traci Martin, ?o?OV 6 AM ?0? 9 : IN THE COURT OF COMMON PLEAS OF Plaints DAUPHIN COUNTY, PENNSYLVANIA V DAUPHINCOUNTY PENNA NO. 2007-CV-4695-CU Michael S. Martin, CIVIL ACTION-LAW Defendant CUSTODYNISITATION PETITION TO TRANSFER JURISDICTION PURSUANT TO 23 Pa C S & 5422 (a)(2) AND 23 Pa.C.S 4 5471 OF THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT Plaintiff, Traci Martin, by and through her attorneys, the Family Law Clinic, hereby petitions this Court to transfer Jurisdiction of the custody matter regarding Elie Victoria Martin, born August 23, 2001, and Tyler James Martin, born September 10, 2002 (Children), to the Court of Common Pleas in Cumberland County, as mandated by the Uniform Child Custody Jurisdiction and Enforcement Act, 23 PA.C.S. Chapter 54. In support of her Petition, Plaintiff avers the following: 1. Plaintiff is Traci Martin (Mother), an adult individual residing at 10 Meadowbrook Road, Carlisle, PA 17015. 2. Defendant is Michael Martin (Father) an adult individual residing at 2375 Walnut Bottom Road, Carlisle, PA 17015. 3. Mother and Father are the natural parents of Children. 4. Mother and Father have a court order from this Court regarding custody of Children, entered May 10, 2007. 5. The Honorable Bruce F. Bratton entered an Order of Court, docketed at NO. 2007- CV-4695-CU, on May 10, 2007, laying out the conditions of custody. d That Order is currently in effect, but does not reflect the parties' actual custodial arrangement regarding Children. A copy of the May 10, 2007 Order is appended hereto as Plaintiff's Exhibit A and incorporated herein by reference. 6. Neither Mother nor Father nor Children continue to reside in Dauphin County. 7. Children have been residing with Mother in Carlisle, Cumberland County since 2007. 8. Father has always resided in Cumberland County. 9. Petitioner wishes to have the matter regarding Children transferred to the Court of Common Pleas of Cumberland County, which has Subject Matter Jurisdiction, to modify the custody order for Children to reflect the status quo. 10. Pursuant to 23 PA.C.S § 5471, the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act apply intrastate among the counties of Pennsylvania. 11. Pursuant to 23 PA.C.S. § 5422(a)(2), this Court no longer has continuing exclusive jurisdiction over this matter as neither the parents, nor the children, continue to reside in Dauphin County. 12. Pursuant to 23 PA.C.S. § 5422(b), this Court cannot modify the existing Order to reflect the status quo. 13. Pursuant to 23 PA.C.S. §§ 5421(a) and 5423, the Court of Common Pleas of Cumberland County does now have jurisdiction to modify this Court's Order to reflect the status quo. WHEREFORE, Plaintiff requests that this Court transfer Jurisdiction of the above- captioned matter to the Court of Common Pleas in Cumberland County. Submitted, Amber Bireley ' Certified Legal Intern ROB T E. RAINS MEGAN RIESMEYER THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that I am the Plaintiff in the present action, and that the facts and statements contained in the above Petition are true and correct, to the best of my knowledge, information and belief. H-S Date --? Traci Martin Plaintiff EXHIBIT A ORIGINAL' ? DISTRIBUTED -MAYU L207 TRACI MARTIN, VS. : IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHAEL S. MARTIN, Defendant NUMBER: 6 M 7 Ni 405 - C(A- IN CUSTODY ORDER 't AND NOW, this __/=011 day of AA , 2007, upon consideration of I the within Motion, Stipulation, and Complaint, it is hereby Ordered as follows: 1. It is the intention of the parties and the parties agree that they.ayill rv . share joint legal custody of ELLE VICTORIA MARTIN, born August 23, 2)0 1; TYLER JAMES MARTIN, born September 10, 2002. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them ,jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so 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 party then having physical custody With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby However, that party shall inform the other of the emergency and consult with him or her as soon as possible. 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 given to either party. 2. The parties agree that they will share physical custody of the subject minor children in accordance with the following schedule. a Mother will have physical custody of the children from Sunday evening through Wednesday evening b. Father will have physical custody of the children from Wednesday evening through Sunday evening c. Mother will drop off the minor children at Father's place of residence on Wednesday evenings and Father will drop off the minor children at Mother's residence on Sunday evenings. d. The parties agree to split the holidays as follows: 1. Mother will have the following holidays: Easter, Memorial Day, and Fourth of July 2. Father will have the following holidays: New Year's Day, Labor Day, and Thanksgiving. r ? . 3. Father will have the minor children from Christmas Eve at noon until Christmas Day at noon. 4. Mother will have the minor children from Christmas Day at noon until December 26 at noon. e. Both parties are entitled to two non-consecutive weeks of vacation with said minor children with fourteen (14) days' notice to the other party. 3. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. 4. Neither parent shall abuse alcohol to the point of intoxication or use illicit drugs in the same vehicle or household when they have custody of the children. BY THE RT% J. Distribution Charles E Petrie, Esquire, 3518 Bxisban Street, Ranlabwg, PA 17111 Michael S. Martin, 140 Old State Road, Oardners, PA 17324 'SNIO G ! cF M*-) 6002 '9 L fLN 03ABOD8 114VIAGEQ Traci Martin, Plaintiff V. Michael Martin, Defendant IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CD C= NO. 2007-CV-4695-CU c3 C::>t77 rya M - C, .: .r5 C CIVIL ACTION-LAW c_ rm i.< a CUSTODY ? r r -< cn cn CERTIFICATE OF SERVICE I, Amber Bireley, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Transfer Jurisdiction on Michael Martin, residing at 2375 Walnut Bottom Road, Carlisle, PA 17015, by depositing a copy of the same in the United States mail, postage prepaid on November 13, 2009. Certified Legal Intern Megan )Xiesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VIA (0-0 3` ECopies Distributed Date < < Inltlals Traci Martin, IN THE COURT OF COMMON PLEAS Plaintiff OF DAUPHIN COUNTY, PENNSYLVANIA V. NO. 2007-CV-4695-CU Michael Martin, CIVIL ACTION-LAW Defendant CUSTODY ORDER OF COURT rn AND NOW, this '2Z rd day of ?(PVYlf2009, a rule is hereby issued on Defendant Michael Martin to show cause as to why Plaintiff's Petition to Transfer Jurisdiction to the Court of Common Pleas of Cumberland County should not be granted. Rule returnable 10 days from the date of this order. BY T URT J J. '??Y u c'e brc-k-Lvn DISTRIBUTION: The Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013 Michael Martin, 2375 Walnut Bottom Road, Carlisle, PA 17015 3. _ rune F. -12,r fir, Stephen E. Farina Prothonotary OFFICE OF ?g0'TH0N0TA'4j, Front & Market Streets Harrisburg, PA 17101 k »`lv fir, (717) 780-6520 Curtis R Long, Prothonotary Cumberland County Court House Hanover & High Streets Carlisle, Pa 17013 December 30, 2009 IN RE: Traci Martin Vs Michael Martin Dauphin County Dkt No 2007 CV 4695-CU Cumberland County Dkt No. Dear Sir/ Madam: By Order of December 22, 2009 by Bruce F. Bratton, Judge The above matter has been transferred to the Court of Common Pleas of Cumberland County. I am, accordingly, sending originals of all the papers herewith. I Will appreciate the return of the attached receipt address to the Attention: of Ms. Lisandra Garcia. Very truly yours, Stephen E. Farina Prothonotary County of Dauphin A# . Traci Martin, Plaintiff, V. Michael Martin, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 10 - (W CIVIL TERM P1* a a Z cn PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Traci Martin, Plaintiff, to proceed in forma pauperis. N r n?> R The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date ! O Respectfully submitted, Cf am D. Truong Certified Legal Intern R BE S THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 .. -%, OFFICE OF PROTHONOTARY COURTHOUSE v ?rnilu Lowe (; n' lisle, PA lri0l?, Carlisle, PA 319 TO The County of Cumberland MAKE CHECK PAYABLE TO PROTHONOTARY, COMMON PLEAS COURT Traci Martin, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW IN CUSTODY 77 Michael Martin, r:, ?? Defendant : NO. 10 - 185 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER c r' 1. The petition of Traci Martin, by her attorneys, the Family Law Clinic, respectfully represents that on May 10, 2007, an Order of Court in Dauphin County was entered for custody of Elle Victoria Martin, born August 23, 2001, and Tyler James Martin, born September 10, 2002, a true and correct copy of which is attached. This matter was transferred from Dauphin County to Cumberland County on December 22, 2009. Under the existing Order, Mother and Father have shared custody. Mother has physical custody of the children from Sunday evening through Wednesday evening. Father has custody Wednesday evening through Sunday evening. 2. This Order should be modified because: a. The current order does not reflect the status quo. b. Mother is the children's primary caregiver because she usually has care of the children from Saturday afternoon through Thursday evening. Father takes the children Thursday evening through Saturday afternoon, and occasionally on weekdays for a brief time after the children get out of school. c. When the children are with Father they are exposed to excessive cigarette smoke to the point that mother has received complaints from the children's school about the children's clothing smelling of smoke. d. Father does not provide the children with appropriate sleeping accommodations. The children sleep on chairs or couches when staying at Father's house. WHEREFORE, petitioner asks that the Court modify the existing Order for Custody and grant Mother primary physical custody because it will be in the best interest of the Children. In addition, petitioner asks the court to require Father to provide children with beds and to take steps to minimize the amount of second-hand smoke the children are exposed to. Date: 2 2 /a An ew Hall Certified Legal Intern I" 4vt;?? --- MacDONAL -FOX THOMAS PLACE MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: Traci Martin Plaintiff TRACI MARTIN, VS. 0 cop",( ORIGINAL` DISTRIBUTED M Y W : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MICHAEL S. MARTIN, Defendant NUMBER: o M7 (2V -(4(og5 "CCk IN CUSTODY ORDER r t AND NOW, this --? = day of 2007, upon consideration of the within Motion, Stipulation, and Complaint, it is hereby Ordered as f0ows: - 1. It is the intention of the parties and the parties agree that they.ill share joint legal custody of ELLE VICTORIA MARTIN, born August 23, 2'601; TYLER JAMES MARTIN, born September 10, 2002. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the J children's best interests. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party nor to permit any third person to attempt to so 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-today decisions shall be the responsibility of the party then it? ?w having physical custody With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby However, that party shall inform the other of the emergency and consult with him or her as soon as possible. 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 given to either party. 2. The parties agree that they will share physical custody of the subject minor children in accordance with the following schedule. a Mother will have physical custody of the children from Sunday evening through Wednesday evening b. Father will have physical custody of the children from Wednesday evening through Sunday evening c. Mother will drop off the minor children at Father's place of residence on Wednesday evenings and Father will drop off the minor children at Mother's residence on Sunday evenings. d. The parties agree to split the holidays as follows: 1. Mother will have the following holidays: Easter, Memorial Day, and Fourth of July. 2. Father will have the following holidays: New Year's Day, Labor Day, and Thanksgiving. A y 3. Father will have the minor children from Christmas live at noon until Christmas Day at noon. 4. Mother will have the minor children from Christmas Day at noon until December 26 at noon. e. Both parties are entitled to two non-consecutive weeks of vacation with said minor children with fourteen (14) days' notice to the other party. . 3. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. 4. Neither parent shall abuse alcohol to the point of intoxication or use illicit drugs in the same vehicle or household when they have custody of the children. BY THE T: Ole J. Dbtrib Lion Chad" It POtr* &RUim, 3323 sslsban SU** 4 Harrisb % PA 17111 Michad a Kartla, 140 014 dtata ROM, Oaedaezs, PA 17324 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, you may lose rights and visitation of your child. 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 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. TRACI MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-185 CIVIL ACTION LAW MICHAEL MARTIN IN CUSTODY DEFLNDANT ORDER OF COURT AND NOW, Wednesday, February 17, 2010 , 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 _. -- _.__.......-?.......__ _........... Thursday, March 18, 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 g-rounds 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/ John-j. Mandan Jr., Es q. Custody Conciliator F'r 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 ,E IARY 2010 FEB 17 PM 12: 48 Traci Martin, IN THE COURT OF COMMON PLEAS OF O o Plaintiff CUMBERLAND COUNTY, PENNSYLV? V CIVIL ACTION-LAW S . IN CUSTODY -z7 Michael Martin , /0 r, Defendant NO.-05 -- 185 CIVIL TERM ?? --. CERTIFICATE OF SERVICE I, Andrew Hall, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Modify Custody Order and Order of Court scheduling conciliation on Michael Martin, residing at 2375 Walnut Bottom Road, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Michael Martin, on the 20th day of February, 2010, as evidenced by the attached green card. '-V?A /I 4-W Andrew Hall rtified L gal Int ROBE INS THOMA LACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ Complete items 1, 2, and 3. Also complete item 4 d Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: M) chat 1 rnur?i I? vl x'15 UJaI nv} R.,a??Om PA Signature _ I Agent ? Addressee by &Uw) _ Cfide of Delivery D. Is delivery di ? Yes If YES, enter add 11 v: ? No 'V1 0, 3. Seq*Ss Type Certified Mail ? Egress Mail 13 Registered 1Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. 7008 1140 0001 6165 0576 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540, J -iTIFIFD MALI ... RF('?=IC -J3 N (Domestic O nly; Provided) ' C3 r-1 ..D Postage $ r-9 Certified Fee ?J p/0 O Q v p C3 r3 Return Receipt Fee (Endorsement Required) O?. 3 U O C3 C3 Restricted Delivery Fee (Endorsement Required) Q ob 201 r-a ra Total Postage & Fee s USPS CO C3 C3 rl- MAR 1 9 2010 3 TRACI MARTIN, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-185 CIVIL ACTION - LAW MICHAEL MARTIN c7 N Defendant : IN CUSTODY o a ORDER OF COURT - rev ? OA AND NOW this ?a day of 2010 u on`?+ ? p consideration of the attached Custody Conciliation Report, it is ordered and directz asp, follows: The prior Order of Court dated May 10, 2007 is hereby vacated. 2. The Mother, Traci Martin and the Father, Michael Martin, shall have shared legal custody of Elle Victoria Martin, born August 23, 2001 and Tyler James Martin, born September 10, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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 parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parents shall have shared physical custody on the following schedule: A. Father shall have physical custody of the children during Week 1 on Monday, Tuesday and Friday overnight. During Week 2, Father shall have physical custody of the children on Monday, Tuesday, Thursday and Friday overnight. Mother shall have physical custody of the children during Week 1 on Wednesday, Thursday, Saturday and Sunday overnight. During Week 2, Mother shall have physical custody of the children on Wednesday, Saturday and Sunday overnight. B. Each party shall have physical custody of the children for 2 non- consecutive weeks in the summer provided they give the other parent 30 days prior notice. 4. HolidaysNacation: A. Mother shall have physical custody of the children for Easter, Memorial Day and July 4th. B. Father shall have physical custody of the children on New Year's Day, Labor Day and Thanksgiving. C. Father shall have physical custody of the children from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Mother shall have physical custody of the children on Christmas Day at 12:00 noon to December 26 at 12:00 noon. 5. Neither party may smoke in their residences or their cars when the children are present and shall attempt to prevent other parties from smoking in the presence of the children. 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. BY TH URT, J. ccAdrew Hall, certified legal intern, Counsel for Mother Robert Rains, Esquire, Family Law Clinic .41chael A. Scherer, Esquire, Counsel for Father 4 TRACI MARTIN, Plaintiff V. MICHAEL MARTIN Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-185 CIVIL ACTION - LAW : IN CUSTODY 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Elle Victoria Martin Tyler James Martin August 23, 2001 September 10, 2002 Mother Mother 2. A Conciliation Conference was held in this matter on March 18, 2010, with the following in attendance: The Mother, Traci Martin, with her counsel, Andrew Hall, certified legal intern, and Robert Rains, Esquire, Family Law Clinic, and the Father, Michael Martin, with his counsel, Michael A. Scherer, Esquire. 3. A prior Order of Court was entered in Dauphin County, Pennsylvania dated May 10, 2007 providing for shared legal and shared physical custody. 4. The parties agreed to an Order in the form as attached. Date: "'Jacqueline M. Verney, Esquire Custody Conciliator