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Home My WebLink About94-00297 c ~ E c .::jJ d S I I i j C-I 0-1 co RONALD L. MARTIN, JR., IN THE COURT OF COMMON PLEAS OF plaintiff . . CUMBERLAND COUNTY, PENNSYLVANIA vs. . CIVIL ACTION - LAW . . . MICHELLE MARTIN, NO. Jl}1 CIVIL 1994 Defendant SlY . ttorney for Plaintiff PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Ronald L. Martin, Jr., Plaintiff, to proceed in forma DaUDeris. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. f f r ~: RONALD L. MARTIN, JR" . IN THE COURT OF COMMON PLEAS OF . Plaintiff . . . CUMBERLAND COUNTY, PENNSYLVANIA . vs. CIVIL ACTION - LAW MICHELLE MARTIN, NO. (;'11 CIVIL 1994 Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial condition are unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Ronald L. Martin. Jr. Address: 88 Tabor Road Newburq PA 17240 Social Security Number: 160-54-8488 (b) If you are presently employed, state Employer: N/A Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: 5/93 Salary or wages per month: S850.00/net Type of work: laborer (c) Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: Dividends: N/A Pension and annuities: N/A Social Security benefits: N/A Support payments: N/A Disability payments: N/A Unemployment compensation and supplemental benefits: N/A Workman's compensation: N/A Public Assistance: Food stamDs ($160.001 Other: N/A (d) other contributions to household support (Wife (Husband) Name: N/A If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: (e) Property owned Cash: $0 Checking Account: $0 savings Account: $0 Certificates of Deposit: N/A Real Estate (including home): N/A Motor vehicle: Make Buick Skv1ark Year 1972 Cost $0 Amount owed $0 Stocks; bonds: N/A N/A Other: -,co,,,,, (f) Debts and obligations Mortgage: Rent: N/A $150.00/month Loans: N/A Monthly Expenses: electric $80.00: kerosene (for heatl $160.00: aroeceries $90.00: aas $50.00: (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A Children, if any: Name: Francine Martin Age: 6 vrs N/A other persons: Relationship: 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: / /10 /'1 t/ , , -({c.,1.('.Q.1' j/ ~-'I~ Ronald L. Martin, Jr., A Plaintiff -- 0, - "">- ~,-= LlJ~::;:T .:):1; ~'4_ .;: ~~ :;. ~ ~~ ( ~.:j,~ , 1 = """ 1.0 .-. en w-, <-.J :r: ~ h. .~ '.. ..1,1 .> .......... rw~. I..i..": '-' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Jq~ CIVIL 1994 CUSTODY Ronald L. Martin, Jr., Plaintiff Michelle Martin, Defendant AND NOW, ORDER OF COURT T" f1, 'J I I ' 1994, upon cons i derat i on of the attached complaint, it is hereby directed that the parties and their respective counsel appear before --1.1 (Ahu! 1---, b'/''-Y r..'i.., , the conciliator, at L-Itl, ,Ii')! {"",t {LJ(,....II.~;('the /7tlJ day of -Fe-"r~(y ,1994, at q.'3:'II. .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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, YOU SHOULD TAKE THIS &: ' L :{/:t ~/l,#-(::s Custo y Concll ator ~I'; PAPER TO YOUR LAWYER AT ONCE. IF ~~ 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 Ronald L. Martin, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ()q-J CIVIL 1994 CUSTODY v. Michelle Martin, Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Ronald L. Martin, Jr. temporarily residing at 67 Tabor Road, Newburg, Cumberland County, Pennsylvania 17240. 2. The defendant is Michelle Martin residing at 10389 Newburg Road, Orrstown, Franklin County, Pennsylvania 17244. 3. The plaintiff seeks custody of the following child: ~ Present Residence AaJl Francine Martin 10389 Newburg Road Orrstown, PA 6 yrs. old DOB 7/25/87 The child was not born out of wedlock. The child is presently in the custody of the defendant, Michelle Martin, who resides at 10389 Newburg Road, Orrstown, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: ~ Address Plaintiff, defendant, 1 W. Main St. Anna and Ronald Newburg, PA Martin, Sr. (plaintiff's parents) Plaintiff, defendant 63 Big Spring Ave. Newville, PA QAU 7/26/87 to 9/87 9/87 to 7/90 7/90 to 12/2/93 Plaintiff, defendant 88 Tabor Rd. Newburg, PA 10389 Newburg Rd. Orrstown, PA 12/2/93 to present Defendant, Kathy (plaintiff's cousin) and Tom Osler, Tommy, Keith, and Duane Shields (Kathy's children), Greg Eyer (defendant's boyfriend), and several other people that are unknown to the plaintiff The mother of the child is Michelle Martin currently residing at 10389 Newburg Road, Orrstown, Pennsylvania. She is married. The father of the child is Ronald L. Martin, Jr. currently residing at 88 Tabor Road, Newburg, Pennsylvania. He is married. 4. The relationship of plaintiff to the child is that of father. The plaintiff's residence is 88 Tabor Road, Newburg, Pennsylvania, but he is temporarily residing at 57 Tabor Road, Newburg, Pennsyslvania, with the following persons: ~ Relationshio Anna Rohm Joseph Rohm Joey Rohm Sabrina Rohm Sondra Rohm Sister Brother-in-Law Nephew Niece Niece 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the fOllowing persons: ~ Relationshio Kathy Osler Tom Osler Tommy Shields Keith Shields Cousin by marriage None Nephew by marriage Nephew by marriage 1 [' Duane Shields Greg Eyer Several other Nephew by marriage Boyfriend people unknown to the plaintiff 8. The 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 anothsr court. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. The plaintiff has shared in the caretaking of the child since her birth and he desires to continue in that role. b. The defendant has not acted in the child's best interest by denying him reasonable access to his child since the parties' separation. 10. 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. WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the child to the plaintiff with partial custody in the defendant. Respectfully submitted, /I '1-rc--1I l~1!. 'u-,,_, , .. Joan Carey .1 - Attorney for piaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 . The above-named plaintiff, Ronald Martin, Jr., verifies that the statements made in the above Complaint are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. g 4904, relating to unsworn falsification to authorities. Date: ~I/,,/ t; 'I f -Rcrt..afi./'l' d~^ 4 h- Ronald Martin, Jr., Plaintiff ~ - :;a '" ,-f; ~>- ."~'- ;,.",r1t-J"::...: '^...~,_. -~ : ~~~; '" ~ -=- o:n - '") ,,,-, "" ~. -, o (J lr\ "'8 'Y) J) j';l ~~~3 . ~ MAR ~ 0 1994 Jr/ RONALD L. MARTIN, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 297 - CIVIL - 1994 MICHELLE L. MARTIN, Derendant . . . . :CIVIL ACTION - CUSTODY co~ AND NOW, this '3' day or , 1994, upon consideration or the attached Custody Conciliation Report, it is ordered and directed as rollows: 1. The Mother, Michelle L. Martin, and the Father, Ronald L. Martin, Jr., shall have shared legal custody or Francine M. Martin, born July 25, 1987. 2. The Mother shall have primary physical custody or the minor child. 3. The Father shall enjoy temporary physical custody or the minor child as rollows: A. On alternating weekends from Friday at 5 P.M. until Sunday at 7 P.M. B. At such other times as agreed upon by the parties. C. This alternating custody arrangement shall begin on March 25, 1994, with the Father having temporary custody on that weekend. D. For the Easter Holiday, Father shall be afforded at least three hours on Easter Sunday with the minor child, said times to be arranged between the parties with the Mother designating the time to either be in the morning or the afternoon. 4. The parties are directed to exchange addresses so that the parties are aware of where the other parent is living. The parties should also attempt to provide phone numbers of relatives to aide in the communication between the parties. 5. Father shall handle all transportation for exchange of custody. 6. The parties will meet again with the Custody Conciliator on Thursday, May 12, 1994. At that time, the part1.es will attempt ,';;a~~ ;-;"'1:. HAR 31 2 39 PH 'S~ "c "''''fICf Of 1 'if "';0; iiQHGTdl' CU~!iEIiLA/iil C""", rY i'ENIiSYl VA/iIA . to work out an arrangement for a permanent Custody Order. 7. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event the parties are not able to reach an agreement on a permanent Order, both parties reserve the right to raise whatever issues they feel are relevant pertaining to custody. 8. Father shall allow Mother to have reasonable access to the home where Father is living so that Mother can verify the nature and condition of this home. Th)B-provis shall be ongoing and shall apply to homes that:- Fath y move to other than the one where he currentlyrssides. .- / co: Jj3ljrlj/ Joan Carey, Esquire "? ~z ..p.t!ac.e.tI Sally J. Winder, Esquire) RONALD L. MARTIN, JR., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 297 - CIVIL - 1994 . . MICHELLE L. MARTIN, Defendant . . :CIVIL ACTION - CUSTODY . CONCILIATION CONFERENCE SUHHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Francine M. Martin, born July 25, 1987. 2. A Conciliation Conference was held on March 25, 1994, with the following individuals in attendance: The Father, Ronald L. Martin, Jr., with his counsel, Joan Carey, Esquire, and the Mother, Michelle L. Martin, with her counsel, Sally J. Winder, Esquire. 3. The parties reached an agreement at the Custody Conciliation Conference in accordance with the attached proposed Order. ~h?/~v DATE . " ~p .;: ")7' ct/( RONALD L. MARTIN, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 297 - CIVIL - 1994 . . MICHELLE L. MARTIN, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDBR AND NOW, this J\ day of ~ ' 1994, consideration of ~attached Custody Concil~ation Report, ordered and directed as follows: upon it is 1. The Mother, Michelle L. Martin, and the Father, Ronald L. Martin, Jr., shall have shared legal custody of Francine M. Martin, born July 25, 1987. 2. The Mother shall have primary physical custody of the minor child. 3. The Father shall enjoy temporary physical custody of the minor child as follows: A. On alternating weekends from Friday at 5 P.M. until Sunday at 7 P.M. B. For a period of one week in the summer. Father shall give Mother at least thirty days notice as to when he intends to exercise this one week time period. In the event Father is working during that week's vacation, the child shall be cared for during the day while Father is working by either the Mother or the regular babysitter. C. Over the Christmas vacation and in the event Father has time off from work, Father shall be afforded two days of temporary custody with the minor child. Father shall advise the Mother at least fourteen days in advance as to when he intends to exercise time over the Christmas holiday. 4. The parties shall alternate major holidays as follows: New Year's Day, Easter, Memorial Day, July 4th and Labor Day. The time for custody shall be from 9 A.M. until 5 P.M., with the Father starting on Memorial Day when he has custody of the child. 9. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify thyvOrd , that party may petition the Court at which tim /che c e will again be scheduled for a Conference wi the C stody Conciliator. . , 5. The Mother shall have custody of the child on Mother's Day from 9 A.M. until 5 P.M. and the Father shall have custody of the child on Father's Day for the same time frame. This provision shall supersede any other provision of this Order. 6. Over the Christmas holiday, the holiday shall be divided into two time frames from December 24 at noon until December 25 at noon and from December 25 at noon until December 26 at noon. The Mother shall enjoy custody in 1994 from December 24 at noon until December 25 at noon, with the parties alternating thereafter. 7. The Thanksgiving holiday shall be split between 9 A.M. and 3 P.M. and 3 P.M. and 9 P.M. and alternated between the parties, with the Mother to have from 3 P.M. until 9 P.M. in 1994 and the parties will alternate thereafter. 8. During exchanges of custody, the Father shall not enter the Mother's home. Exchange of custody shall take place outside of the home. B Judge Edgar B. Bay ey Joan Carey, Esquire _ ('~ ~(C.....l-,- ~ Sally J. Winder, Esquire --U /31/qlj.. ..A.f. co: ,~ \ NAr 3/ I III PH '9~ :';;/1' ;, i- ~;., f ,'it:".'.i ~~' " ,'~; T ", > . , ". ,. ", .t, . " , RONALD L. MARTIN, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 297 - CIVIL - 1994 . . MICHELLE L. MARTIN, Defendant . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE EDGAR B. BAYLEY CONCILIATION CONFBRENCB SUHHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Francine M. Martin, born July 25, 1987. 2. A Conciliation Conference was held on May 13, 1994, with the following individuals in attendance: The Father, Ronald L. Martin, Jr., with his counsel, Joan Carey, Esquire, and the Mother, Michelle L. Martin, with her counsel, Sally J. Winder, Esquire. 3. The parties reached an agreement at the Custody Conciliation Conference in accordance with the attached proposed Order. Sf7/~v DATE