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Home My WebLink About06-1179 " Michael 1. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO !.D. 200427 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- J/'N . ~'<-f 'f JW- CNIL ACTION - LAW CRAIG O. MARTIN, Plaintiff AMANDA R. SMITH, Defendants IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is Craig O. Martin, an adult individual currently residing at 26 Short Lane, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Amanda R. Smith, an adult individual currently staying as a patient in Carlisle Regional Medical Center, 45 Sprint Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody ofthe child, Oliver Evan Martin, who was born on April 11 ,2005. The child was born out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods oftime: Since his birth until February 18,2006, the child resided with the parties at 26 Short Lane, Shippensburg, P A. Since February 18, 2006, to present, the child has resided solely with the Plaintiff at 26 Short Lane, Shippensburg, P A. 4. The relationship of the Plaintiff to the child is that offather. He is single and living separately. The Plaintiff currently resides with the following: Name Oliver Evan Martin Relationship Son 5. The relationship of the Defendant to the child is that ofmother. She is single and is currently staying as a patient in Carlisle Regional Medical Center, 45 Sprint Drive, Carlisle, Cumberland County, Pennsylvania. , 6. The parties have not participated in previous litigation concerning the custody ofthe child in this court or any court. 7. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 8. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: he can best provide a stable and nurturing environment for his son. 9. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiffrequests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiffthe Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO BY~~ . Michael 1. Collins, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: March 1,2006 ,. VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered bymy counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correctto the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if! make knowingly false averments, I may be subj ect to criminal penalties. . ~ c 1;;</-1' L {.?V'~ Craig l\1:artin Q _.- ,~. , ~~~ , .' \'-- ~ ~-d ~-t\' o -- \..NO ~ S' -,- (,"1 '-';' \'. .../._,~./----- \ CRAIG 0, MARTIN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 06-1179 CIVIL ACTION LAW AMANDA R. SMITH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesda}', March 07, 2006 ,_' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. .. the conciliator, at~_~thI'I~or, Cumberland County Courthouse, Carlisle on Thursday, M...rch},3,2006...__ at 8:30-^M for a Pre-Hearing Custody Conferencc. At such confcrcncc, an cffort will be made to resolve the issues in dispute; or if this cannot bc accomplished, to deHne 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 confercnce, Failurc 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 lwd a" existing Protection from Abuse orders, Specia' Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ facqueline M. Verney, Esq'--4(J"l Custody Conciliator f Tbe Court of Common PIcas 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 disahled individuals having business before the court, please contact our ofilce. 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 VI' AN A HORNEY 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 . -.t ~?f1 jp - ~ Jb; "tJ t' _;Ill}' ~I ;~):fli, ry~ r ~ ~ 1#; ..p1? ^; .~ n' . ~! : .' ' . ,:,:d f _ 1 I . ,:L " -1<11'[ /)(}/,( c. {, f)iJL - i:~ r F\F[LES\DA T AFlLE\General\Currem\ 12008.1 ,pra. Created: 9i20104 O'Q6PM Revised 318/D6425PM Michael J. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 200427 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CRAIG O. MARTIN, v. AMANDA R. SMITH, Defendants To the Prothonotary: Please file the attached Affidavit of Service. Date: March 8, 2006 NO. 06-1179 CIVIL ACTION - LAW IN CUSTODY PRAECIPE MARTSON DEARDORFF WILLIAMS & OTTO By 14iLe fC-Jj ~ ~. Michael J. Collins, Esquik' Ten East High Street Carlisle, PAl 70 13 (717) 243-3341 Attorneys for Plaintiff Cpm~ 0 Il1rrf~t4 Plai iff COMMONWEALTH OF PENNSYLVANIA v. COURT OF: COUNTY OF: CC-'I1,dh!r/'l"lc,/ ~RIMINALIEQUITY ACTION: --fI at, - 1/7<7 DOCKET NUMBER: nIt' 4:: 1:100 &-, I ft,l1hk ;(? 5;,1~ Defendant . ,~ AFFIDAVIT OF SERVICE I, Roger C. Spitz, being duly sworn according to law, do hereby affirm that I am not a party to the action or otherwise interested in the subject matter in controversy, I am over 21 years of age and I am a Constable duly authorized under the laws of the Commonwealth of Pennsylvania; that on the 7 day of ~J'?' 06, at / ~ a,m p,m I served (document served) L.v _5+,;; d '1 at (place of service) < r fa "7d ~ + r I 60A-J in the manner described below: 11 [ ] [ ] Personally delivered it into the hands of the person to be served. Personally delivered it to an adult family member with whom that person resides. The relationship to the person to be served is Personally delivered it to an agent or person in charge of the person's office or usual place of business. Personally delivered it to an agent in charge of the apartment building where the person resides. Other: [ ] Facial Hair: ;y;, Ai c.( Description ofRecinient Sex: r::: Skin Color: r C:;#t/ Height (approx.): 7 Hair Color: ;:3 ~'"' d-( Weight (approx.): ii??' 40ger c. pitz Pennsylvania State Constable Cumberland County ID#B001517 c. ...! . .. ~ Michael 1. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.0. 200427 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CRAIG O. MARTIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1179 CIVIL ACTION - LA W AMANDA R. SMITH, Defendants IN CUSTODY AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEAL TH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certifY that a copy of the original Scheduling Order and notice of hearing letter in the above captioned matter was mailed to Amanda R. Smith, c/o R.D. I, Box 562, Mapleton Depot, P A 17052, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated April I , 2006. MARTSON DEARDORFF WILLIAMS & OTTO 7~./~e>~ ltiL By Michael J. Collins, Esquire Attorney J.D. No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this 11 /Jv day of April 17, 2006 ~) '1't.Q~ No . Public COMMONWEAL; I; UI I'lNNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission ExpiresAug. 18,2007 Member Penr,<:vIV~n!tI ASsoclalion of Notaries ;." A [\7. ~b t:" \ \ '" \~ \ <.. \1. .. ' ... ." SENDER. COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 411 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 mail piece, or on the front if space permits. ~~A~~~~ ;)0 1<, P. I / 6~ S~:z tlr ~I ~~s;2J 2. Article Number (Transfer from servIce label) PS Form 3811 , February 2004 . . . o Agent o Addressee D. Is delivery a ctress different from Item 1? If YES, enter dellvery address below: 3. Service Type ~ertifled Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. R_cted DeUvery? (EIdra Fee) 7005 0390 0003 2636 5672 Domestic Return Receipt 10259S-02-M-1540 ru ['- .JJ U') .JJ ITl .JJ ru NA~LET~;D~Tip~~7082 Postage $ ITl o o o o IT" ITl o Certified Fee $2..0 Return Roceipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $1.85 $3.70 Total Postage & Fees $ $8.34 (')13 1~:,,\'J>,tm... i~ere\ .; ,.,/ ( t... . ..k ..~~, "1,\ \' !,IU/'231:tOM ":f U') o o ['- c:) ,~ ib ..',- 1,' c<. "j f:C- U.- 1.,_" ...-.: ,-C:-i , C.-, (."._1 ." , _~ _~_.~."u',,"-7~ ",,-- -, ,.-'..--. , ~ ./ CRAIG O. MARTIN, Plaintiff t,PR l " tlJ80 : IN THE COURT OF COMMONlPi,'tEAS-OF-'1f_==1 : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1179 CIVIL ACTION - LAW AMANDA R. SMITH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this \ ,"fr\ day of \\ ~ {.~\ ,2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Father, Craig O. Martin and the Mother, Amanda R. Smith, shall have shared legal custody of Oliver Evan Martin, born April II, 2005. 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 Pa.C.S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child 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 child. 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. 2. The parents shall have shared physical custody on the following schedule: A. Beginning April 19, 2006, Mother shall have physical custody of the child from Wednesday at 8:30 a.m. to Friday at 8:30 a.m. B. Thereafter, beginning April 24, 2006 during week one, Mother shall have physical custody on Monday at 4:30 p.m. to Wednesday at 4:30 p.m. and Friday from 4:30 p.m. to Monday at 4:30 p.m. C. On week 2, Mother shall have physical custody on Wednesday at 4:30 p.m. to Friday at 4:30 p.m. D. This schedule shall alternate on a two week schedule. E. Father shall have physical custody at all other times. 3. Transportation shall be shared such that the receiving party shall transport. 4. 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. Another Custody Conciliation Conference is scheduled for June 19,2006 at 8:30 a.m. BY THE COURT, ~~~ J. c~el Collins, Esquire, Counsel for Father ....,Mnanda R. Smith, pro se RD #1 Box 562 Mapleton Depot, P A 17052 . CRAIG O. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1179 CIVIL ACTION - LAW AMANDA R. SMITH, Defendant : IN CUSTODY 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: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Oliver Evan Martin April II, 2005 Father 2. A Conciliation Conference was held in this matter on April 17, 2006, with the following in attendance: The Father, Craig O. Martin, with his counsel, Michael Collins, Esquire, and the Mother, Amanda R. Smith, pro se. 3. The parties agreed to an Order in the form as attached. 1-/7 -0(, Date ~ ){.t!i Jac eline M. Verney, Esquire Custody Conciliator (' '] " ,h.. 'I ,- C. '.' "," '-'I ',;" V ~ CRAIG O. MARTIN, Plaintiff SEP 2 R 2006 ! _.jtL~_~j : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2006-1179 CIVIL ACTION LAW AMANDA R. SMITH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 26th day of September, 2006, the Conciliator not being contacted for 90 days following a general continuance, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ody Conciliator \J\N\ir\\)\S\\ltBd i \" ,\r,,""'-' r"." ,-" '~'-,',h\t"), 1"'\ I\..d".\ !\..' ' ,'.,', ,.., ,,:11\, 1'..1 G~ ~Z \~d 92 dJS ~~U~ t' \' "\ {".,'" " ".' ' I .." \' ,""' i\Q'i.J.U;\;U7jl,UtY:l jnl ::lU 3~)\3._\O-G:n.:\