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HomeMy WebLinkAbout01-7191 SAIDIS SHUFF, FLOWER & LINDSAY ATFORI~YS*AT*LAW 26 W. High Street Carlisle, PA MARTENAS, Plaintiff VS. NICOLE MARTENAS, Defendant 1. The IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .o. 7/?! c,v,L TERM IN CUSTODY COMPLAINT FOR CUSTODY Plaintiff is MATTHEW MARTENAS, residing at 1401 Ritner Highway, Shippensburg, Pennsylvania 17257. 2. The Defendant is NICOLE MARTENAS, residing at 13689 Dream Highway, Newburg, Pennsylvania 17240. 3. The Plaintiff seeks custody of the following children, GABRIELLE MARTENAS, born June 27, 1994, and TRAVlS MARTENAS, born October 15, 1997 who resides at 1401 Ritner Highway, Shippensburg, Pennsylvania. The children were not born out of wedlock. The children is presently in the custody of father, who resides at 1401 Ritner Highway, Shippensburg, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: NAME Matthew Martenas Nicole Martenas Matthew Martenas Nicole Martenas Nicole Martenas ADDRESS Newburg Road Shippensburg, PA Olde Scotland Road Shippensburg, PA Olde Scotland Road Shippensburg, PA FROM/TO 1997 to October, 1998 October, 1998 August, 1999 August, 1999 October, 1999 SAIDIS SHUFF, FLOWER & LINDSAY ATIX)RI~Y~sAT*LAW 26 W. High Street Carlisle, PA NAME Matthew Martenas Amy Martenas ADDRESS 1401 Ritner Highway Shippensburg, PA FROM/TO October, 1999 present The children lived from October, 1999 to the present primarily with substantial periods of partial custody and at times shared custody with Nicole Martenas who lived at the following addresses: A. From April, 2000 into June, 2000, Fort Louden, Pennsylvania. B. From June, 2000 to October, 2001, at Timber Lane, Shippensburg, Pennsylvania. C. From October, 2001 to the present, the mother lived at Dream Highway, Newburg, Pennsylvania. The mother of the children is NICOLE MARTENAS, currently residing at Dream Highway, Newburg, Pennsylvania. She is not married. The father of the children is MATTHEW MARTENAS, residing at 1401 Ritner Highway, Shippensburg, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides with his wife, Amy Martenas and the children. 5. The relationship of the Defendant to the children is that of mother. The Defendant currently resides with no other person. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. 7. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of the Commonwealth. 8. The 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) The Plaintiff can best provide for the physical and emotional needs of children. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. SAIDIS SHUFF, FLOWER & LINDSAY AT1'ORN~YS*AT*LAW 26 W. High Street Carlisle, PA WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the children to the Plaintiff. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: (~ro'~. Linds~ay, Esquire ((D# 44)693 '26-W'est High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. /~ Mattl'~w Martenas Date:~/}_ ~.~- z7/- ~/' MATTHEW MARTENAS : PLAINTIFF V. : 01-7191 : NICOLE MARTENAS DEFENDANT : IN CUSTODY RI)ER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Monday, January 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 24, 2002 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. All children age five or older may also be present at the conference. 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/ Hubert X. Gilrov. Esa. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply w/th 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MATTHEW MARTENAS, Plaintiff VS. NICOLE MARTENAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : NO. -21 - 71Cl C:V,~"~TF_.RL1 : IN CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint in Custody on behalf of my client, Nicole Martenas, Defendant in the above captioned matter, and acknowledge that I am authorized to do so. Date 126 East King Street Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE M. MARTENAS, Plaintiff, MATTHEW I. MARTENAS, Defendant. CIVIL ACTION - LAW NO. 2001-7191 CIVIL TERM IN CUSTODY ANSWER TO COMPLAINT 7. 8. 9. Admitted Admitted Admitted in part and denied in part. The allegations contained in paragraph 3 o~' the Complaint are admitted except that custody of the minor children is joint in both Plaintiff and Defendant on an alternating week basis. Denied as stated. As stated above, the children reside with both Plaintiff and Defendant on an alternating week basis. Denied as stated. The children reside with the Defendant on an alternating week basis. Admitted Admitted Admitted Denied. The best interest and permanent welfare of the children will best be served by granting primary residential custody of the children to the Defendant for the following reasons: a. Changing home environments on a weekly basis has proven disruptive to the children and not in their best interest. b. Defendant is presently able to devote more time and attention to the children. Plaintiff's home responsibilities due to the birth of a child to his present wife inhibit his ability to adequately care for the children who are the subject of this proceeding. The children want to spend more time with their mother. 10. Admitted WHEREFORE, the Defendant requests the Court to grant primary residential custody of the minor children who are the subject of this proceeding to the Defendant. Date: By:(~./~ ~WEIGLE' PE ~P~.INS ~ ~/~)& ASSO~TES ~t~rryc rnAe~Wi ,; iggl0e; ~2s4quire 126 East King Street Shippensburg, PA 17257 (717)532-7388 WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KIN(3 STREET -- SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Dated: NICOLE M. MARTENAS FEB 0 $ ZOOZ/L~ MATTHEW MARTENAS, Plaintiff V NICOLE MARTENAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01-7191 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this /TO~ day of~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on the ,~-0[ day of ~'[e~/rus~- , 2002, at Q ~ 30 ~.M. At this hearing, the Father, Matthe~v Martenas, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten (10) days prior to the mentioned hearing date. Pending further order of this court, the following temporary custody order is entered: The Father, Matthew Martenas, and the Mother, Nicole Martenas, shall enjoy shared legal and shared physical custody of Gabrielle Martenas, born June 27, 1994; and Travis Martenas, born October 15, 1997. Physical custody shall be alternated on a week on/week off basis with the exchange of custody to be Friday evenings at 5:30 p.m. The parties shall continue to handle daycare issues and other custodial issues as they have over the past few months pending this court's entry of a final order. Both parents shall enjoy reasonable telephone contact with the minor children when the minor children are in the custody of the other parent. This tempom~j custody order is a shared legal custody order such that both parents have rights to receive all educational, medical and other pertinent information relating to the minor children. This order authorizes all medical facilities, physicians, educational facilities and teachers to share with both parents any and all information relating to the two minor children. ~ e~rry A. Weigle, Esquire ,,C~ol J. Lindsay, Esquire BY THE COURT, MATTHEW MARTENAS, Plaintiff V NICOLE MARTENAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01-7191 CIVIL : 1N CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Gabrielle Martenas, born June 27, 1994; and Travis Martenas, born October 15, 1997. A Conciliation Conference was held on February 1, 2002, with the following individuals in attendance: The Father, Matthew Martenas, with his counsel, Carol J. Lindsay, Esquire; and the Mother, Nicole Martenas, with her counsel, Jerry A. Weigle, Esquire. The parties have been separated since 1999. Over the past few months, the status quo on custody has been essentially a shared physical custody arrangement with the parties exchanging custody of the two minor children on Friday evenings. Father now filed a petition seeking primary physical custody of both children. Mother was prepared to file a similar petition, but did not file that petition in light of Father initiating the custody action. Mother's position is that she should have primary physical custody. Father's position is the same subject to Father's willingness to work out an arrangement if the matter could have been resolved at the custody conciliation conference. Both parties have issues with respect to the situation in the other parent's home and some daycare matters. These issues can be presented at a hearing. The conciliator recommends that a hearing be scheduled and recommends an interim order maintaining the status quo on custody. DATE cH~sbt~/~oGi~~'tiro, quire SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORI'~my$,,AT,LAW 26 W. High Slreet Carlisle, PA MATFHEW MARTENAS, Plaintiff VS, NICOLE MARTENAS, De~ndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 4H- 7191 ClVlLTERM .' : IN CUSTODY STIPULATION OF THE PARTIES THIS AGREEMENT is made this E-~~--z~ day of .,/~ ,2002 by and between MATTHEW MARTENAS, of 1401 Ritner Highway,/Shippensburgt / Cumberland County, Pennsylvania 17257 and NICOLE MARTENAS, of 13655 Dream Highway, Newburg, Cumberland County, Pennsylvania 17240. The parties hereto stipulate as follows: / 1. They are the parents of two children: GABRIELLE MARTENAS, born June 27, 1994, and TRAVlS MARTENAS, born October 15, 1997. 2 The parties shall share legal custody of the children. 3. The parties will share physical custody of the children on a "wee~ on/week off" basis so that the children reside with Matthew Martenas one week, andl the following week with Nicole Martenas. The parties will exchange custody of the! children on Fridays at 6:00 p.m. the parent whoso week is ending shall transport the children to the parent whose week is beginning. 4. The children will continue to attend school in Matthew Martenas' school district, and to that end, Nicole Martenas, during her periods of custody of tho children,! will deliver Gabrielle, and, when he is in kindergarten, Travis, to Matthew Martenas' home from which they will take the school bus. After school, Gabrielle, and later Travis, will return to Matthew Martenas' house where Nicole Martenas will pick them up SAIDIS SHUFF, FLOWF, R & LINDSAY ATrOI//~S*AT*LAW 26 W. High Street Carlisle, PA after work. Until such time as he attends school, however, Travis, during Nicole Martenas' periods of custody, shall be cared for by a babysitter chosen by Nicole Martenas. 5. In the event that one party cannot provide care for the children for ~ period of two hours or more, he or she will provide to the other party the first right t¢ care for the children before a third party is used for that purpose. 6. Nicole Martenas will provide to Matthew Martenas the name and addres,~ of the babysitter who will be watching Travis while she works. The parties agree thai the children will no longer be cared for while Nicole Martenas works by the Witter family. 7. The parties will alternate holidays so that in 2002 and even numbered years thereafter, Matthew Martenas will have custody of the children on New Year'sl Day, Memorial Day, and Labor Day from 8:00 a.m. to 6:00 p.m., and in even numbered years, Nicole Martenas will have custody of the children on Easter, Fourth of July and Thanksgiving from 8:00 a.m. to 6:00 p.m. Matthew Martenas will have custody of thei children from 8:00 a.m. to 6:00 p.m. in odd numbered years on Easter, Fourth of JulyI and Thanksgiving, and Nicole Martenas will have custody of the children in odd numbered years from 8:00 a.m. to 6:00 p.m. on New Year's Day, Memorial Day, andi Labor Day. 8. The parties will share custody of the children over the Christmas holiday by altemating blocks of time, block one being from Christmas Eve at 6:00 p.m. until noon on Christmas Day, and block two being from noon on Christmas Day till 6:00 p.m. on December 26. Nicole Martenas will exercise custody of the children during block one in odd numbered years, and Matthew Martenas will exercise custody of the SAIDIS SHUFF, FLOWER & LINDSAY ATTORneYS*AT*LAW 26 W. High Street Carlisle, PA children in block one in even numbered years. Matthew Martenas will have block two custodial time in odd numbered years, and Nicole Martenas will have custody during block two in even numbered years. 9. The parties will take their vacation periods with the children during his o~ her alternating weeks of custody. 10. The parties agree that neither will criticize the other nor make disparaging remarks about the other in the presence of the children. 11. The parties agree to share any and all communications from school with the other immediately upon receipt and to communicate all concerns with respect to the children with the other as soon as possible. 12. The parties agree that the terms of this Stipulation of the Parties shall be~ entered as an Order of Court, WITNESS: / Matthew/A4artenas Date: /~ ~'-~ ~ Nicole Martenas Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MATrHEW MARTENAS, Plaintiff VS. NICOLE MARTENAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. III1 - 7191 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW this /1"' day of ~__~ upon consideration of the within Stipulation of the Parties, Stipulation are hereby made an Order of Court. By the Court, , 2002, the terms of the