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HomeMy WebLinkAbout02-0384WILLIAM H. MARTIN, JR., Plaintiff, Ye EMILY E. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff is William H. Martin, Jr., an adult individual whose residence is at 3201 N. 2nd Street, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is Emily E. Martin, an adult individual whose residence is at 1250 Oystermill Road, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of his child, Wesley David Martin, currently residing at 1250 Oystermill Road, Cumberland County, Pennsylvania, whose date of birth is November 29, 1985. 4. Child has expressed a desire to live with Plaintiff and intends to reside with Plaintiff beginning January 24, 2002. 5. Plaintiff and Defendant have agreed to this living arrangement. 6. The purpose of this custody complaint is to memorialize Plaintiffs primary physical custody of the child. o years: Name Emily E. Martin Since the child's birth, the child has resided with the following over the past five Address 1250 Oystennill Road Camp Hill, PA 17011 Date Last 5 years 8. The natural mother of the child is Emily E. Martin, currently residing at the above-stated address. 9. The natural father of the child is William H. Martin, Jr., currently residing at the above-stated address. 10. The relationship of the Plaintiff to the child is that of natural father. 11. The relationship of the Defendant to the child is that of natural mother. 12. The Plaintiffhas not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a corot of this Commonwealth. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff provides stability to the child as well as adult supervision. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any fight to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court enter a Custody Order granting Plaintiff and Defendant joint legal custody and granting Plaintiff primary physical custody. Respectfully submitted, Date / / STIN M. SWEIGARD, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff WILLIAM H. MARTIN, JR., Plaintiff EMII.y E. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 01- CIVIL TERM : : CIVIL ACTION - CUSTODY ; ATTORNEY VERIFICATION The undersigned, Kirstin M. Sweigard, Esquire, hereby verifies and states that: 1. She is the attorney for the Plaintiff, William H. Martin, Jr.; 2. She is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing Custody Complaint are known to her and not necessarily to her client; 4. The facts set forth in the foregoing Custody Complaint are true and correct to the best of her knowledge, information, and belief; 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. RESPECTFULLY SUBMITTED, Kirstin M. Sweigard KLINE LAW OFFICE 714 Bridge Street New Cumberland, PA 17070 (717)770-2540 ID No. 83801 Attorney for Plaintiff WILLIAM H. MARTIN, JR. PLAINTIFF V. EMILY E. MARTIN DEFENDANT : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-384 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Tuesday, January 29, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, February 21, 2002 at 1:00 PM 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/ Dawn S. Sunday, Esa. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F 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 WILLIAM H. MARTIN, JR., Plaintiff EMILY E. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-384 CIVIL TERM : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Custody Complaint filed in the above captioned case upon Defendant by certified mail, return receipt requested on January 29, 2002, addressed to: Emily E. Martin 1250 Oystermill Road Camp Hill, PA 17011 and did thereafter receive same as evidenced by the attached Post Office receipt card dated January 31, 2002. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date K]~RSTIN M. SWEIGA15,D, ESQOIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff Postage · $7.3'/ 0t/~/2002 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Copy from service label) If YES, enter delivery addree 7001 1140 0000 5792 3309 PS Form 3811, July 1 ~99 Domestic Return Receipt 102595-~)oM-0952 WILLIAM H. MARTIN, JR., : Plaintiff : : vs. : 02-384 EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~L~_ , 2002, upon consideration of the attached Custody Conciliation Report, it is order~ and directed as follows: 1. The Father, William H. Martin, Jr., and the Mother, Emily E. Martin, shall have shared legal custody of Wesley David Martin, bom November 29, 1985. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. In the event the parties are unable to jointly address legal custody issues which arise with respect to the Child due to the operation of a Protective Order or a severely strained parenting relationship, counsel for either party or a party Pro Se may contact the Conciliator to schedule a Conciliation Conference limited to discussion of the legal custody decision issue. 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have partial physical custody of the Child, including holiday custody, at times arranged by agreement between the Mother and the Child. 4. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 5. 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. T~HE CO~, / cc://K/irstin M. Sweigard, Esquire - Counsel /Emily E. Martin, Mother for Father [ / t':X~ 22> WILLIAM H. MARTIN, JR., : Plaintiff : vs. : 02-384 : IN CUSTODY EMILY E. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: NAME Wesley David Martin The pertinent information concerning the Child who is the subject of this litigation is as DATE OF BIRTH CURRENTLY IN CUSTODY OF November 29, 1985 Father 2. A Conciliation Conference was held on March 6, 2002, with the following individuals in attendance: The Father, William H. Martin, Jr., with his counsel, Kirstin M. Sweigard, Esquire, and the Mother, Emily E. Martin, who was not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire ! Custody Conciliator