Loading...
HomeMy WebLinkAbout04-4451 MELISSA A. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0'1-44'5"1 Civil Term BILLY W. MARTIN, JR. Defendant ACTION IN DIVORCE 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 you 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 ORIGINAL MELISSA A. MARTIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 0'1- L{l/51 Civil Term BILL Y W. MARTIN, JR. Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is Melissa A. Martin, a competent adult individual, who has resided at 220 S. Pitt St., Carlisle, Cumberland COlmty, Pennsylvania, 17013 since August I, 2004. 2. Defendant is Billy W. Martin, Jr., a competent adult individual, who has resided at 15 10 Newville Road, Carlisle, Cumberland County, Pennsylvania, 170 I 3, since 2000. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on November 9, 1987 in San Antonio, Texas. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have three children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. ] O. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.e.S. 94904 relating to unsworn falsification to authorities. ;;!/b1!!~ . Melissa A. Martm, Plaintiff Respectfully submitted, om, r~ @ C) '" C'::~l ~.- ~ ~ '-.. c:;'::;) ~ "'- ., ("J') ---I 'S -::) ...... , U) - ~ r\_~ C' , ~ -c: --t:> '-0 ~ X ';1 -l:I C~! .......... ~ ,...., ," .- .l;:o C.:.:- ~ MELISSA A. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 01.{ -41./'5"1 Civil Term BILLY W. MARTIN, JR. Defendant : ACTION IN DIVORCE 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 you 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 South Bedford St. Carlisle, Pac 17013 (717) 249-3 I 66 ORIGINAL MELISSA A. MARTIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. O~- L(1./51 Civil Term BILLY W. MARTIN, JR. Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Melissa A. Martin, a competent adult individual, who has resided at 220 S. Pitt St., Carlisle, Cumberland County, Pennsylvania, 17013 since August I, 2004. 2. Defendant is Billy W. Martin, Jr., a competent adult individual, who has resided at 1510 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17013, since 2000. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on November 9, 1987 in San Antonio, Texas. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have three children together. 8. Plaintiff and Defendant are both citizens ofthe United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, PlaintilIrequests the court to enter a decree in divorce. I verilY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ;Il1Lu/!!~ . Melissa A. Martm, Plaintiff Respectfully submitted, o,~ '1 ~ .t~~ e Adams, Esquire ,D. No. 79465 36 South Pitt Street Carlisle, Pa. 170 I 3 (717) 245-8508 ATTORNEY FOR PLAINTIFF @ ~ ~ () ......, '-. c,~ ~ ;:;;:;, s-<' ~- ., ~ fj') :-'/ !",,-, " ~~ ~) VI - , -'.', ~ C'''-: -.c: <: ~ -.t> "'-C ~ .:b C,:., ~ 0,> ~ c;; -.~- MELISSA A. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : No. 04 - 4451 Civil Term BILLY W. MARTIN, JR. Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this September 13, 2004, I, Jane Adams, Esquire, hereby certifY that on September 10, 2004, a certified true copy ofthe NOTICE TO DEFEND AND COMPLAINT IN DIVORCE were served, via certified mail, return receipt requested, addressed to: Billy W. Martin, Jr. 1510 Newville Road Carlisle, Pac 17013 DEFENDANT 'P" " < 01101 4,;.. .l}...1..... 69.. ' .~.."'~~',:1;f(! n, ~LAaQ"",) nDJ3-~~ \.rl,'>::~ ~~t. ... ....llllll.1 .' '7003 1010 0004 7818 6749 '~"'l nfH\PI iilil \iiill II III III II llll III I , P.S Form 11 AiGJ.lsl ~OOl __ Return RecoIpI ,-."" Ifill! I I (, rll 1 II! I II III I iii Respectfully Submitted: UC7 dams, Esquire I.D o. 79465 South Pitt Street Carlisle, Pac 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF MELISSA A. MARTIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 4451 Civil Term BILLY W. MARTIN, JR. Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on September 2, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: i(A!~ ,.j;{U~ Bill W. artin, Jr., Defenda WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330He) AND &330Hd) OF THE DIVORCE CODE I, I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property. lawyer's fees or expenses if I do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct. I understan that false statements :" .~;; Z-M" "_h'..m ~CS .,.. re''''~;: ",,'fi, .:~ Om.o . BIlly W. artm, Jr., Defe dant -- (') ~: ( \,- ( ~ =~ ,..., <=> = "" ".. -0 ;;t:) ~ ~..,.., f;'F -pM] '."c;: (~J~ ~-'--n i~t5 <,01 '-, 'i> 'J:'J :-< """ ::l" ~ o -.j -' ~ . MELISSA A. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 0 Lf - L/'iS- / Civil Term BILLY W. MARTIN, JR. ACTION IN DIVORCE Defendant tl-\ This Stipulation and Custody Agreement is made this II day of .~ ' 2005, by and between MELISSA A. MARTIN, (Hereinafter referred to as "Mother"), of ~lisle, vs. Cumberland County, Pennsylvania, and BILLY W. MARTIN, JR., (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of three minor children, namely, Billy Wayne Martin, III, date of birth, 11113/1989 Jacquelynn Nicole Martin, date of birth, 4/11/91, and Amanda Michelle Martin, date of birth, 8/23/93; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: I. Lel!al Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notifY the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in ~he custody act, shaH be with Mother. 3. Partial Custodv. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have partial custody of the children as follows: A. Father shall have a block of time with the children every other weekend, beginning Friday afternoon, or after school, when school is in session. This block oftime shall last until Sunday evening. B. The parties shall alternate Holidays with the children. C. Each party shaH have the right to have a fourteen (14) day uninterrupted period with the children during the Summer. D. Father shaH have additional times with the child as the parties mutually agree. E. Nothing in this agreement shaH keep the parties from mutuaHy agreeing to additional periods of custody for Father. 4. Transportation and Exchanl!'e. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints, No person transporting the child(ren) shall consume alcoholic beverages to the point of intoxication prior to transporting the child(ren) or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child(ren). 5. Onl!'oinl: Relationship. Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shaH, in the presence of the child(ren) make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ren). 6. Illness of a Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of each Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Bindinl! Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modifY the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governine Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. I 1. Entire Aereement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: ~~/ . e issa A. ~ other ' . , . , COMMONWEALTH OF PENNSYLVANIA ) Borough of ):ss COUNTY OF CUMBERLAND ) On this, the day of , 2005, before me, the undersigned officer, personally appeared MELISSA A. MARTIN known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument. and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. Notary Public My commission expires: SEAL Witness COMMONWEALTH OF PENNSYLVANIA ) Borough of ):ss COUNTY OF CUMBERLAND ) On this, the day of . 2005, before me, the undersigned officer, personally appeared BILLY W. MARTIN, JR. known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL po] " . . ~;\ .~ -~ \~ ~.J ~~ '? . < MELISSA A. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No, 04 - 4451 Civil Term BILLY W. MARTIN, JR. Defendant : ACTION IN DIVORCE CUSTODY COMPLAINT I. Plaintiff is Melissa A. Martin, who currently resides at: 220 S. Pitt St., Carlisle, Cumberland County, Pa., 17013. 2. Defendant is Billy W. Martin, Jr., who currently resides at: 1 17 W. South St., Carlisle, Cumberland County, Pa. 17013, 3. Plaintiff seeks custody a order regarding the following children: NAME DOS ADDRESS Billy W. Martin, 1II 11-13-1989 220 S. Pitt St. Carlisle, Pac 17013 Jacquelynn N. Martin 4-11-1991 220 S. Pitt St. Carlisle, Pa. 17013 Amanda M, Martin 8-23-93 220 S. Pitt St. Carlisle, Pac 17013 The children were born in wedlock. Father and mother currently share legal custody ofthe children and Mother has primary physical custody of the children. .. The children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Melissa Martin 220 S. Pitt St. Carlisle, Pac 17013 8-1-04 to present Melissa Martin Billy W. Martin, Jr. 1510 Newville Rd. Carlisle, Pac 17013 2000 to 8- I -04. The mother of the child is: Melissa Martin, currently residing at 220 S. Pitt St., Carlisle, Pac 17013. She is married to Billy W. Martin, Jr. The father of the children is: Billy W. Martin, Jr., currently residing at 117 W. South St., Carlisle, Pac 17013. He is married to Melissa Martin. 4. The relationship of plaintiff to the children is that of MOTHER. The Plaintiff currently resides with the children. 5. The relationship of defendant to the children is that of FATHER. The Defendant currently resides with his mother. 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the children or anyone 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 granting the relief requested because: The children's oarents have agreed on a custodv arrangement that thev believe will be in the best interest of the children. # 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children and enter the parties' agreement as an Order of Court. Dmo 5/ fI { (17- , an Adams, Esquire LD. o. 79465 64 uth Pitt Street Carlisle, Pac 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF . . - VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: 5 It I !(JS- ~j??: Mel1ssa A. artm, Plantlff ~ ~ ~ ~ ~. ~ ~ ~. --- ,,~ -...... ,.., ~_.;-1 '-J "-. ~ ICSJ ~ ~ (,:;. (~) - ) ',,,, r.... '. ,~ ~ MELISSA A. MARTIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 4451 Civil Term BILLY W. MARTIN, JR. Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under section 330\(c) of the Divorce Code was filed on September 2, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed tram the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 5.{)5" 06 ifLri,;;pL WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND &3301(d) OF THE DIVORCE CODE \, I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn falsification to authorities. 0... ~a5 0'0 :ll~$7d ,..- -... _J ~~~ C) C:.." -n G.,n :-:-J r; ~ ." , '.~ ~, ' ;:;--"'. MELISSA A. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04 - 4451 Civil Term BILLY W. MARTIN, JR. Defendant : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry ofa divorce decree: 1. Ground for divorce: irretrievable breakdown under &3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Certified mail. restricted deIiverv. return receipt requested. on: September 10, 2004. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: May 25,2005. By Defendant: April 9, 2005. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in 9330l(c) Divorce was filed with the Prothonotary: April 1 I, 2005. Date Plaintiffs Waiver of Notice in 9330l(c) Divorce was filed with the Prothonotary: contemporaneous with this filing. (May 26, 2005). Date: S . (j, l>> . 05' Jan Adams, Esquire I.D No. 79465 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff "0 '::---;) c::-) <-':..1'1 () -on :>, (", '-~ , ~ Q.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. , , . . , . . Of. :ti :+;+; . . . . , . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . Melissa A. Martin, Plaintiff PENNA. STATE OF . . No. No. 04 - 4451 Civil Term . . . VERSUS . , . . Billy W. Martin, Jr., Defendant . . . DECREE IN DIVORCE . . . . . . c:.:::r /.., 'I/A . )(),f , IT IS ORDERED AND . . . . . 'J~I AND NOW, DECREED THAT Melissa A. Martin , PLAINTIFF, AND Billy W. Martin, Jr. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. 8 ATTC'T'~~ J, PROTHONOTARY . ;t;:+:'f: :+: . 'f: 't' :+. :+: . . . . :+.:+: :+::+: ,.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " ,~ 'fZ. /p.P># ~ fl7C-~ ~ fP :2~>i/ ~ /1J Jr?- c: '~ . " . i ;t \ MELISSA A. MARTIN, Plaintiff RECEIVED MAY 2 4 ZO~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04 - 4451 Civil Term BILLY W. MARTIN, JR. Defendant : ACTION IN DIVORCE ORDER AND NOW, this ?. '& It day of /11171 , 2005, having reviewed the attached agreement between the parties dated May 11, 2005, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. J cc: Jane Adams, Esquire, for mother Billy W. Martin, father ~ ~ (,-D/~OJ c+ I 0, '.111,.,1.",.'.1, I - . .',~ orl"7 ... . i:i:l ':::L,iJ.... MELISSA A. MARTIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04 - 4451 Civil Term BILLY W. MARTIN, JR. Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this May 31, 2005, I, Jane Adams, Esquire, hereby certify that on or about May 27, 2005, a certified true copy of the CUSTODY COMPLAINT and CUSTODY AGREEMENT were served, via certified mail, restricted delivery, return receipt requested, addressed to: '-~">."-_.,. -." .....~> .. ,. Billy W. Martin, Jr. 117 W. South St. Carlisle, Pac 17013 DEFENDANT . Complete Items 1, 2; -.nd 3. Also comp1lIle Item 4 If Reslrfcl8d DeIMHy Is deslnld. . Print youNlIIm8 and ~ on the__ 80 that we ClIII retum!he cartllo you. . Attach this cartllo the back 01 !he mol~, or on !he frOnt If space permtls. 1. ArtIcle Addr8l88cl to: o Agent B. by (PrftrI8d HImel 0I1loIIvery O. ..doIMry_dIl/IIwlIlrcm.....17 0'11Io If YES, _doIIvery__ 0 No Bi \~ W. Y\a..+i" I 71'. ll~ \.V. 50v~ .st. Car\\~\e. Pit 110 \3 2. _tWn1ber '" . ~frrim""lIiIleo : P8 FORn 3811, February 2004 , -'v.iII. 00V'illo- t"-,.) ~ ,'~") ~ "'n C_.. ~_:j ~~-~~ -~:-I ~""J Ul N MARY M. SHANKLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MARK A. YOHE, Defendant : NO. 02-4451 : IN DIVORCE CIVIL TERM MOTION TO WITHDRAW DECLARATORY JUDGMENT ACTION AND NOW, comes Petitioner, Marylou Matas, Esquire, and petitions the Court as follows: 1. Petitioner is the counsel for the above Plaintiff, Mark A. Y ohe. 2. The parties are subject to a divorce action docketed to No. 02-4451 in the Court of Common Pleas of Cumberland County, Pennsylvania. 3. Defendant herein filed a Complaint in Divon:e on September 17, 2002, alleging a common law marriage between the parties. 4. Plaintiff herein filed an action for declaratory judgment requesting that the Court determine the validity or invalidity of the purported marriage of the parties. 5. Since the time of filing the within declaratory judgment action, Plaintiff herein has consented to the entry of a Decree in Divorce between the parties and has signed an Affidavit of Consent and a Waiver of Notice of Intention to Request the Entry ofa Decree in Divorce Under 3301(c) of the Divorce Code. 6. In addition to signing the documents necessary to request the entry of a Decree under 3301(c) of the Divorce Code, the parties have signed a Separation and Property Settlement Agreement equitably dividing their marital estate and providing for continued financial maintenance of Defendant herein. 7. Based on the foregoing, Petitioner withdraws the action for declaratory judgment filed previously. 8. Defendant herein is represented by Taylor P. Andrews, Esquire, who has been provided a copy ofthis Petition and who concurs with the relief requested, WHEREFORE, Petitioner requests your Honorable Court to dismiss the within declaratory judgment action and to allow the parties to pro(:eed under the divorce action docketed to No. 02-4451. Respectfully submitted, -1//I/rY; Date I '?VI 0Mlr? &L trl u-& ~ Matas, Esquire Attorney/or Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PAl 7013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authoritit,s. DATE:! / ( ( /05 , I '7)/ tUt ~~ 7JI{ CL/IM Mary atas, Esquire " MARY M. SHANKLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COU1\lTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW MARK A. YOHE, Defendant : NO. 02-445 I : IN DIVORCE CIVIL TERM CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the ~day of July, 2005, cause a copy of Petitioner's Motion to Withdraw Declaratory Judgment Action to be served upon Plaintiff's counsel by first-class mail, postage prepaid at the following addresses: Taylor P. Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013 DATE: fill/OS , jr Zit( 71J~= Marylou as, Esquire Attorney or Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 (') ....., 0 <=~ c.:: = ., en .;:.- -:oJ ,- L..._ :L.." f-- r 111,:",,:,:. -n '" ..- :''is: '~:_~ S:~) ~ --I', -- (') l"n r \D LARRY L. HARMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 05-4451 CIVIL ACTION LA W KELLI S. HARMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 01, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja<:queline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumherland County Courthouse, Carlisle on Thnrsday, October 06, 2005 at 10:3ll...i\M 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 mav also be present at the conference. Failure to appear at the conference mav provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existini~ Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearine. FOR THE COURT. By: Isl Tacqueline M Vemev, Esq. Custody Conciliator 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 HA VE 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 . ~~~ ~~~ 5CJ-C'"f; . ~12 ~=v,y ~ 50- ~_~ ~ ~.~ /fJ >~ ~tl rP fC?- 'e-f SO :Z lid Z - d:1S SOUZ Atf'./1C;;',,_ . :_:,~.:-',::d 3Hl :10 :j:):::!~i)-CEn!:j