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Home My WebLink About14-1633PATERNITY CONTESTMENT IN THE COURT OF COMMON PLEAS Jonas J. Martinez, Plaintiff CUMBERLAND COUNTY, v. PENNSYLVANIA Kayla D. Avaritt, Defendant CASE NO. 2014 - 16.33 Civil Term COMPLAINT TO ESTABLISH PATERNITY BY GENETIC TESTING N) -D Plaintiff, Jonas J. Martinez, hereby requests genetic testing be granted, to establish paternity pursuant to Pennsylvania statute 23 Pa. C. S. § 4343 and in support of that request states that: 1. Plaintiff is an adult individual who resides at an undisclosed address in Cumberland County, Pennsylvania. 2. Defendant is an adult individual whose last known residence is 420 Market Street, 2nd Floor, Lemoyne, Pennsylvania 17043. 3. Current residence is unknown for the Defendant, and has not been updated with the CCDRS. 4. Defendant is the natural mother of the minor child, and Plaintiff believes that the Defendant has been untrue in her sexual affairs, resulting in a reasonable doubt that he is the biological father of the following child: Name: Gabriella Love Martinez Date of Birth: March 13, 2013 5. Defendant WAS NOT married at the time the child was conceived or born. 6. Defendant IS NOT now married. 7. There IS NOT a custody action involving the paternity of the above -named child now pending in any jurisdiction. 8. There IS an unresolved support action involving the paternity of the above - named child. Such action is being held by the Cumberland County Domestic Relations in Carlisle, Pennsylvania. CCDRS Docket number is 00546 S2013. 9. There is NO FURTHER determination as to the paternity of the child in any prior custody, divorce, or other action. 10. Plaintiff agrees to pay all costs associated with the genetic testing, directly to the testing facility, in accordance with the procedures established by the testing facility, at the time of such testing taking place. WHEREFORE, Plaintiff requests that the courts order the Defendant to submit to genetic testing and to make the above -named child available for genetic testing, as required by law. Plaintiff, Defendant, and minor child must all report to Holy Spirit Hospital in Camp Hill, Pennsylvania (or similar agreed upon institution) to provide a blood sample for genetic testing. Results of such genetic testing must be acquired by the courts prior to any further actions pertaining to child support, are to be acknowledged by the CCDRS. VERIFICATION I, Jonas J. Martinez , Plaintiff verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. c3 /a i 1aol4- Date Signed Jonas J Jonas J. M . z, Pro Se (Petitioner PATERNITY CONTESTMENT IN THE COURT OF COMMON PLEAS Jonas J. Martinez, Plaintiff CUMBERLAND COUNTY, v. PENNSYLVANIA Kayla Avaritt, Defendant CASE NO. 2014 - 1 (o3 3 Civil Term NOTICE TO PROCEED WITH IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter, and due to my fmancial condition I am unable to pay the fees and costs associated with the court proceedings. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of court filing fees. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name and Address JONAS J. MARTINEZ 312 S. FRONT STREET WORMLEYSBURG, PENNSYLVANIA 17043 (b) Employment Status UNEMPLOYED (c) Other income within the past twelve (12) months Business or Profession: N/A Self-Employment: N/A Interest and Dividends: N/A Pension and Annuities: N/A Social Security Benefits: N/A Xr• :PO =7. Disability Payments: N/A Unemployment Comp.: Approx. $750.00 Worker's Compensation: N/A Public Assistance: SNAP Child/Spousal Support: N/A Other: N/A (d) Other contributions to household support Spouse Name: N/A Spouse Employer: N/A Spouse Salary: N/A Contributions from Children: N/A Contributions from Parents: N/A Other Contributions: N/A (e) Property Owned Cash on Hand: NONE Checking account: N/A Savings account: N/A Certificates of Deposit: N/A Real estate (home, rentals, etc.): N/A Motor vehicle: N/A Amount Owed on Vehicle: N/A Other: N/A (f) Debts and Obligations Mortgage: N/A Rent: $350.00 /month Loans: N/A Other: Utilities, food, household/infant supplies (g) Persons dependent upon you for Support Spouse Name: N/A Child's Name and Age: ARIES MARTINEZ 7 months, son Other Persons: N/A 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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. Date Signed 5 PATERNITY CONTESTMENT • IN THE COURT OF COMMON PLEAS Jonas J. Martinez,Plaints • CUMBERLAND COUNTY, v. : PENNSYLVANIA Kayla Avaritt,Defendant • CASE NO. 2014 - I 11)33 Civil Term ORDER AND NOW,on this 2( day of ii ag.c ti , 2014, it is hereby ordered that the Plaintiff in the above mentioned case be GRANTED to proceed with the In Forma Pauperis. B e Honorable Courts rcri C-Cpy 112a t l .fie Jot P2-0412-41,0' CZ, 3/Z7/1Y 11 F THE PROTHONOTAn JONAS J. MARTINEZ, Plaintiff 2614 APR -1 PM 3: 2 1 CUMBERLAND COUNTY PENNSYLVANIA v. KAYLA D. AVARITT, Defendant Zotintp of Cumberlattb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2014-01633 CIVIL TERM IN RE: COMPLAINT TO ESTABLISH PATERNITY BY GENETIC TESTING ORDER OF COURT AND NOW, this 1st day of April 2014, upon consideration of the Complaint to Establish Paternity by Genetic Testing, it is hereby ORDERED that a HEARING on Plaintiff's request for genetic testing shall be held on 2 May 2014, at 9:00 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Court may enter an order requiring both parties and the parties' child to report to a genetic testing location, regardless of whether the parties attend the aforementioned hearing. PLAINTIFF is DIRECTED to serve this Order and the Complaint upon Defendant and file proof of service with the Court either prior to the hearing or at the scheduled hearing. If Plaintiff is unable to locate Defendant after a good faith effort and diligent search, Plaintiff may petition the Court to permit alternative service. Distribution: Jonas J. Martinez Kayla D. Avaritt RT; Thomas A Placey C.P.J. ICI .11 U, 0 m U, ru D 0 C3 r1 ru ru ru PATERNITY CONTESTMENT . IN THE COURT OF COMMON PLEAS • _ J Jonas J. Martinez, Plaintiff V. CUMBERLAND CO PENNSYLVANIA Kayla D. Avaritt, Defendant 2014 - 01633 PROOF OF SERVICE UNTY, Civil Term(2y, c I hereby certify that I served a true and correct copy of the Complaint to Establish Paternity by Genetic Testing and the Order of Court for such complaint by Certified Mail and in- person to the Defendant on the following dates: 1. U.S. Certified Mail on March 28, 2014 (Receipt Attached) 2. Hand delivered and placed into mailbox on April 3, 2014 addressed: Kayla Avaritt, do Tina Avaritt 420 Market Street 2nd Floor Lemoyne, PA 17043 (Address of Defendant's Mother) 3. Hand delivered, given directly to Plaintiff in- person, on April 14, 2014 As directed by the Courts, Plaintiff has made a good faith effort to serve the Defendant, Kayla Avaritt, on multiple occasions, and has attached Proof of Service, as requested. U.S. Postal Service,., CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information vis? L�:..g�a;ite at www.usps.com . r r_ Postage Certified Fee (Endorsement ment Re Required) (� Total Postage & Fees $ Postmark ukt ,4varj .e,. �� t aPQ�� O .fit ZI .A iiblf — t. PS Form 3800, August 2006 r, See Reverse for Instructions JONAS J. MARTINEZ, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT CIVIL ACTION - LAW KAYLA D. AVARITT, 2014-1633 CIVIL TERM Defendant IN RE: COMPLAINT TO ESTABLISH PATERNITY ORDER OF COURT AND NOW, this 2nd day of May, 2014, upon being informed that the case has already been assigned to the Honorable Christylee Peck, the parties are directed to appear before Judge Peck on Monday, May 5, 2014, at 1:30 p.m., in Courtroom Number 5. By the Court, Thomas A Placey cc: �donas J. Martinez �Cayla D. Avaritt DRO y:mae 0-93A2S. PIUS tEct, ,sispy C.P.J. JONAS J. MARTINEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION LAW - SUPPORT KAYLA D. AVARITT, Defendant : NO. 2014-1633 CIVIL RE: COMPLAINT TO ESTABLISH PATERNITY BY GENETIC TESTING ORDER OF COURT AND NOW, this 5th day of May, 2014, this being the time and place set for a hearing on a Complaint to Establish Paternity by Genetic Testing, and the parties having appeared and presented their cases in full, the Court hereby finds that Jonas J. Martinez is collaterally estopped from asserting the request for genetic testing to establish paternity at this time as he has previously accepted and made child support payments for Gabriella Martinez since her birth on March 13th, 2013. Accordingly, his Complaint to Establish Paternity by Genetic Testing is hereby denied. This Court has indicated to Jonas Martinez that he may wish to pursue this matter privately. In addition he is hereby advised that he may appeal this decision to the Superior Court within 30 days of today's date. By the Court, Z ua Chri tylee L. Peck, J. r ,rek R. Clepper, Esquire �Oje� Special Counsel for D.R.O. - t.Lea --A 'Cumberland J. Martinez, Pro Se Cumberland County /omestic Relations Office (No. 546 Support 2013, PACSES 570114050) Prothonotary :vae -.4 I r1k ega f 'Fic,e. O RO JONAS J. MARTINEZ, Plaintiff V. KAYLA D. AVARITT, Defendant THOMAS A. PLACEY COMMON PLEAS JUDGE 1 COURTHOUSE SQUARE RM 406 CARLISLE PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT - CIVIL ACTION - LAW 20/4-1633 CIVIL TERM IN RE: COMPLAINT TO ESTABLISH'PATERNITY ORDER OF COURT VINV/17ASNN3d 'L%'03 (IN V7,113814113 tiV11Wv 3/-11 YO ..:31..1.710 -0 • Jonas J. Martinez 312 S.:Front Street NZXIE- 175- FE 1 -sea RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD AL,1.1 A. A A. A A 1 A A., 111111111111Willidhl Nil .01 U.S. POSTAGE*BOWES (0471114.1=rAMMIV ...amiummilrAmmumw 02 ZIP 17°13 17°13 $ 000-48 ° . 0001368848 MAY. 06. 2014 a? (4'1 - 406.5;;;;71-4--- -- --I