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Home My WebLink About06-2062 TABITHAM. McCARTNEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. MARTIN V. B. McCARTNEY, IV., : Defendant CIVIL ACTION - LAW No. 06 -J6~CIVIL IN CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Tabitha M. McCartney, residing at 15 East Main Street, Apt. 1, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Martin V.B. McCartney, IV., residing at 1020 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff seeks custody of the following child: Name Martin v.B. McCartney, V. Present Residence 1020 Centerville Road Newville,PA 17241 DOB 08/25/2000 Age 5 The child was not born out of wedlock The child is presently in the custody of Martin V.B. McCartney, IV., residing at 1020 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Tabitha M. McCartney & 1020 Centerville Road Martin V. B. McCartney, IV Newville, PA 17241 8/25/2000 to 2/2005 Martin V. B. McCartney, IV 1020 Centerville Road Newville, PA 17241 2/2005 to Present 4. The mother of the child Tabitha M. McCartney, residing at 15 East Main Street, Apt. 1, Newville, Cumberland County, Pennsylvania 17241. She is married. The father of the child Martin V. B. McCartney, IV, residing at 1020 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. He is married. 5. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons. Name Russell Leedy Rena McNaughton Zachary Highfill Relationship Roommate Roommate Roommate 6. The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name Cherr Brothers Martin V. B. McCartney, V Relationship Girlfriend Son 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. Defendant frequently abuses alcohol and is therefore unreliable as custodian of the child. Defendant is not with the child as often as the child needs. Child is always with a babysitter of other parties, except for his mother, who is denied unless a verbal agreement is made in advance. WHEREFORE, Plaintiff requests this Court grant Plaintiff partial primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER & WHARE Date: 4;J~,/ /?,- 26'06 , , ;;2 Karl E Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court J.D_ #81924 Attorney for Plaintiff TABITHAM. McCARTNEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MARTIN V. B. McCARTNEY, IV., : Defendant CIVIL ACTION - LAW No. 06 - CIVIL IN CUSTODY VERIFICA nON 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. Cons. Stat. ~ 4904 relating to unsworn falsification to authorities. "~ 4,'-".. / - - ,,"f", TABITHAM. McCARTNEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. MARTINY. B. McCARTNEY, IY.,: Defendant CIVIL ACTION - LAW No. 06 - CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certifY that I this day served a copy of the within Complaint in Custody upon the following by first class certified with return receipt and first class United States mail postage prepaid, in Carlisle, Pennsylvania, addressed as follows: Martin V.B. McCartney, IV 1020 Centerville Road Newville, Pennsylvania 17241 Respectfully submitted, ROMINGER & WHARE Date: (//7//;/ /2/ rL co6 , '/ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court LD. #81924 Attorney for Plaintiff w ~ -- ~ ~ T ;0 ~ C \) -::;, ..t: -U .-\) '" \J ?=- r ...[) U ~ -+- 1;-- '- {-:} ";1 ',' ';~l<~t'(. -~ -,;-, '.C: - .,-1:::) - '>_'., I .~ ~(" J (.', ,...e'- C. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TABITHA M. MCCARTNEY V. 06-2062 CIVIL ACTION LAW MARTIN V. B. MCCARTNEY, IV DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 19, 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 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 23, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will he 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 ordcr. All children agc flve or older may also bc 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 sehednled hearing. FOR THE COURT, By:_J~J.acquelint,' M. Verney, Esq. Custody Conciliator -v 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 bef(lfe the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business be!(lfc 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 Sonth Bed!(lfd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ c4;'''"'"''71 _~l7 "'r ~.?~~7 1v vel? -~1 7- /t(T~' ~fL. "?J- ~.4 I,;nt:,.__f/ ~ ? /77V"1; ~,} /-1f[J 9v7-vit"'o 'I : ..: : ' .. ,;..L ~ TABITHA M. McCARTNEY, Plaintiff MAY '}, ~ 200b : IN THE COURT OF COMMON PL :Q~=i=,c-c-=---, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2062 CIVIL ACTION - LAW MARTIN V.B. McCARTNEY, IV, : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this -7'b day of ~ ,2006, upon consideration of the attached Custody Conciliation Report, it ~ ordered and directed as follows: 1. This matter is hereby consolidated with the matter at Docket No. 2005-1276. 2. It is further ordered that the custody complaint listed at this docket number is hereby amended to a Petition to Modify. 6'O~ o6,r- ". '..... .', FI/.~t;D OFFICii OF T}fl~ peo]71O~OT1lI?Y Ma.'j dJ/P I a.oo(, (!wYl0eda1\d {Jo I fA ue -, I .-..... "t,4J