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HomeMy WebLinkAbout95-02954 ROBERT M. MARTIN, DONNA R. HARTIN, and ROBERT E. MARTIN, Plaintiffs v. IN THE COURT OF COHMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-2954 CIVIL TERM LARRAINE K. MORTON, Defendant CUSTODY PETITION TO DISMISS CLAIM FOR CUSTODY FOR LACK OF STANDING 1. The Petitioner, LARRAINE K. MORTON, hereinafter referred to as the mother, resides at l52B West Penn Street, Carlisle, Cumberland County, Pennsylvania. 2. The Respondents, ROBERT E. MARTIN and DONNA R. HARTIN, hereinafter referred to as the paternal grandparents, reside at 430 Longs Gap Road, carlisle, Pennsylvania. The Respondent, ROBERT M. HARTIN, hereinafter referred to as the father, resides at 430 Longs Gap Road, Carlisle, Pennsylvania. 3. The mother and father are the parents of the minor child, TROY MORTON, born December 11, 1993. 4. On approximately June 5, 1995, the father and the paternal grandparents filed a Complaint for Custody and Petition for Special Relief requesting primary physical custody of the child. 5. This Court scheduled a hearing on this issue for June 14, 1995, at 8:30 a.m., and a conciliation conference has been scheduled for July 11, 1995, at 2:00 p,m. 6, Grandparents may seek primary custody of a grandchild only if they have stood 1n loco QBrenli~ or if the grandchild has been declared dependent. QrMw.ell v. Strau~Ber, 610 A.2d 999 (pa. Super . ~ , \, ". . BROUJOS, GILROY 8c HOUSTON, p: C, ATTO..N..... AT L...AW .. NO"TH UANOV." .,....I:T CARLISLE, PENNSVLVANIA 17013 17171 .4......'.. 7..""0 . " . . . --'~'>6i'il!ii:t,..',j,'k~i;;~~,!).~;;.""""",',-r'" -1lH - 2 E9Sp... 'i.""..r'....'f...,,,,, '_'i',_',,""'''~__''';Il:'<___''''~'''-''-''-~ ~ < ,. ~ . . liAmll Br ian Ron Relationshie Boyfriend 6 The Plaintiff. have not participated as a party or witne.., or in another capacity, in other litigation concerning the custody of the child in this or another court. 7 The Plainti f fa have no information of a custody proceeding concerning the child pending in a court of this Conunonwealth. B The Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claime to have custody or vieitation rights with reepect to the child. 9 The beet intorest and welfare of the child would be served by granting temporary custody of the child to the Plaintiffs for the following reasons I A. On May 19, 1995, the Plaintiffs, Donna R. Martin and Robert E. Martin, noticed multiple bruises on the child and on May 20, 1995, took the ehil d to Carl is 1 e 1I0s(li ta 1 . On May 21, 1995, the Plaintiffs, Donna H. Martin and Hobert g. Martin, wer'e notified by a physic Ian that it was the physician' e position that the child had been physieally abusod. D. cumberland County Children and Youth Services is currently investigating the bruises and the origin thereof and reconunended that the child remain with Lhe Plaintiffe, Donna H. Martin and Hobert E. MarLin, pending Lhe investigation. C. Since Friday, May 26, 1995, the father of the child, Hobert M. Martin, is now residing at the home of his parents, Plaintiffs, Donna H. Martin and Hobert E. MarLin, having just been released from the Cumberland County Pl"ioon. During the time period of the Plaintiff'o, Robert M. Martin'o, current incarceration, he has had regular contact with his child. 10 The best intereot and permanenL welfare of the child will be oerved by granting the Plaintiff, Hobert M. Martin, cuotody of the child, and the Plaintifto, Donna H. Martin and Hobert E. Martin, partial custody of the child for the following reasonSl A. The Plaintifto are beLler able to provide a stable environment for the minor child. n. It is believed and Lherefore averred that the minor child has suffered abuse while in the care, cuotody and control of the Det endllnt. C. The PlainLiffo are best able to provide a caring and nurturing environmenL for the minor child. 11 Each parent whose parental rights to the child who have not been terminated, and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiffs request the Court to grant the followingl A. Pursuant to Pa. R. C. P. 1915. 13 to award temporary physical custody of the minor child to the Plaintiffs until further Order of Court I B. After hearing, to grant custody of the child to the Plaintiff, Robert M. Martin, and partial custody of the child to the child's grandparents, Donna R. Martin and Robert E. Martin. r sto r C. ueton, Esqu re Attorney for Plaintiffs Broujos, Gilroy' Houston, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 1 verify that the statements in the foregoing pleading are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. ~~ ROBERT H. MARTIN -~ ) ~ .""~-_. --,.. .-.' ROBERT M. MARTIN, DONNA R. MARTIN, and ROBERT E. MARTIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA , , 95- .,)'l~""~ CIVIL TERM CIVIL ACTION - LAW v LARRAINE MORTON, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ." i~ day of7 C\I')" , 1995 upon consideration of the attached Complaint, it is hereby directed that the '-parties and their respective counsel appear before '.) (~"1C" I L t{",(,., , Esquire, the Conciliator, at~q S N, \,91" <:1 t,,,,,,",y'" , on the 1/1.h. day of 'TG\ \'1 , 1995, at "'1 -/:!-.M., for a Pre-Hearing Custody Conference.' At such confer~nce, 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 ontry of a temporary or permanent order. FOR TilE COURT, By' '" Custody The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 mae at lest 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 LAWYER AT ONCE. IF YOU 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. OFFICE OF TilE COUIl1' ADMINISTRATOR COUIl'l'II0USE, 4TH FLOOR CARLISLE, PA 17013 717 - 240-6200 , 1 .. , , .. " , , , , " I. , , !dd P, ;!' " " ~ !! i " ~ l' t ; , ;1 /' ! , ~~,..~. .~~ r . _.- I 't-t. "- 'J,~ c" / " -t7l' L" )l~l(<..~ ,rJPt . . . . . ,f' BROUJOS, GIL.ROY 8c HOUSTON. p, C. ATTORNEY. AT LAW . NORTH HANOVIlR 8T"ItIET CARUSL.E, PENNSVL.VANIA 17013 17171 ...a'.1I74 7..-'..0 . ~""''''~'''''''''~~''. "'...~. ..'"...'=.-.."":,""""-.--,,,,,~....~'_' .,',':~.";;;,,:,"Ai:<!""1<.'.T.~.<>i"" ., ... M . . v IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95- :l qS<.j. CIVIL TERM CIVIL ACTION - LAW ROBERT H. HAIITIN, DONNA II. HARTIN, and 1I0llEIIT E. HAII'I'IN, 1'1aintJffu IJ\IIRAINE MOII'l'ON, Defendant IN CUSTODY AND NOW, thio ORDER OF COURT day of 1995, upon aonoidoration of 1'1ainliffo' petition for Special Relief, purouant to l'a .11. C.I'. 1915.13, it io hereby ordered and directed that lemporary ullolody of the minor child, Troy A. Morton, DOB 12/11/93, ho allll 10 haruby awarded to the Plaintiffo, Robert M. Martin, Donna II. Hartin, and lIobert E. Hartin, until further Order of Court. The partieD uha11 be directed to appear before the Custody Conciliator hy uoparalo Ordor of Court. By ths Court, J. ROBERT M. MARTIN, DONNA R. MARTIN, and ROBERT E. MARTIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v 95- J'JS?/, CIVIL TERM LARRAINE MORTON, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~t",J , 1995 upon consideration of the attached COlljp'laint, it is hereby directed that the parties., and their respective cou."s,el appear, before , . , / c?,..1 , Esqu~re, the Conc~l~ator, at -5'"~ , on the /,Ntr day of , 1995, ,-J L.M., for, a Pre-Hearing Custody C fe nee. At ouch conference, an effort w~ll be made to reaolve the iaaues in diapute; or if thia cannot be accompliahed, 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 alao be preaent at the conference. Failure to appear at the conference may provide ground a for entry of a temporary or permanent order. FOR THE COURT, / . , By: /51 '- }:7""'L- Y" a'~J ~ Cuatody Conciliator I ' 'h / L: v.-...., /.e L The Court of Common Pleas of Cumberland County ia required by law to comply with the Americans with DiaabiliUes Act of 1990. For information about accessible facilities and reaaonable accommodationa available to disabled individuals having busineas before the court, please contact our office. All arrangementa muat be mae at leat 72 hours prior to any hearing or businesa before the court. You must attend the achedu1ed conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEI,EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. TRUE COpy FROM RECORD In Testimony wharool. I helP IInlo ~l my hand and lilt ~ of !>aId Court Jf CJlil.lll, Pa, Thl" I, ~ilY o'-;:l.~J,",-. !Jl '/', ,; L_..L:r'/,..., Y-<>4 Prothl,nOlllry , " OFFICE OF TilE COURT ADMINISTRATOR COUH'rII0USE, 4TII FLOOR CARLISLE, PA 17013 717 - 240-6200 rmrmn,uOClO:"3UW- .. ROBBRT M. MARTIN, DONNA R. MARTIN, and ROBBRT E. MARTIN, Plaintiffs IN TIIB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PENNSYLVANIA 95- CIVIL TERM v LARRAINB MORTON, Defondant CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT AND PETITION FOR SPECIAL RELIEF AND NOW, come the Plain~iffs, Robert M. Martin, Donna R. Martin, and Robert B. Martin, by and through their attorneys, Broujos, Gilroy & lIouston, P.C., who aver as follows I 1 The Plaintiffs, Robert M. Martin, Donna R. Martin, and Robert E. Martin, are adult individuals currently residing at 430 Longs Gap Road, Carlisle, Cumberland County, Ponnsylvania. 2 The Defendant, Larraino Morton, is an adult individual, currently residing at 1528 West Penn Street, Carlisle, Cumberland County, Ponnsylvania. 3 Plaintiff" oook custody of tho following childl liam!! Preoent Resident Agft IXB 12/11/93 Troy A. Morton 152n West Penn Street Carliolo, PA 17013 The child wao born out of wedlock. The child ia proaontly in tho cuutody of Robert M. Martin, Donna R. Martin, and Robert E. MarLJ,IJ. Since birth, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Larraine Morton, Esther Jumper, Ed (last name unknown), Beth Ann Morton, J. R. Morton (misc. other persons) Mountain Road, Boiling Springs, PA 17007 12/93 to 11/94 Larraine Morton, Brian Ross 152B West Penn Street Carlisle, PA 17013 430 Longs Gap Road Carlisle, PA 17013 11/94 to 5/19/95 5/19/95 to Present Donna R. Martin, Robert E. Martin, Robert M. Martin The mother of the child is Larraine Morton, of 152B West Penn Street, Carlisle, Pennsylvania. She is single. The father of the child is Robert M. Martin, of 430 Longs Gap Road, Carlisle, Pennsylvania. He is single. 4 Ths relationship of the Plaintiffs to the child is that of father, grandfather, and grandmother. The Plaintiffs currently resident with the following persons I ~ Relationship Troy A. Morton Son and Grandson 5 The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: liAmll Brian Ross Relationship Boyfriend 6 The Plaintiffs have 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. 7 The Plaintiffa have no information of a custody proceeding concerning the child pending in a court of this Conunonwealth. B The Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claima to have custody or visitation rights with respect to the child. 9 The best interest and welfare of the child would be served by granting temporary custody of the child to the Plaintiffs for the following reaaonsl A. On Hay 19, 1995, the Plaintiffs, Donna R. Hartin and Robert E. Hartin, noticed multiple bruises on the child and on May 20, 1995, took the child to Carliole lIospital. On Hay 21, 1995, the Plaintiffs, Donna R. Hartin and Robert E. Hartin, were notified by a physician that it was the physician's position that the child had been physically abused. B. Cumberland County Children and Youth Services is currently investigating the bruises and the origin thereof and recommended that the child remain with the Plaintiffs, Donna R. Hartin and Robert E. Hartin, pending the investigation. C. Since Friday, Hay 26, 1995, the father of the child, Robert M. Hartin, is now residing at the home of his parents, Plaintiffs, Donna R. Hartin and Robert E. Martin, having just been released from the Cumberland County Prison. During the time period of the Plaintiff's, Robert H. Hartin's, current incarceration, he has had regular contact with his child. 10 The best interest and permanent welfare of the child will be served by granting the Plaintiff, Robert H. Martin, custody of the child, and the Plaintiffs, Donna R. Martin and Robert E. Martin, partial custody of the child for the following reasonsl A. The Plaintiffs are better able to provide a stable environment for the minor child. B. It is believed and therefore averred that the minor child has suffered abuse while in the care, custody and control of the Defendant. C. The Plaintiffs are best able to provide a caring and nurturing environment for the minor child. ........ ~.w.~'-"~ ........~~.....-.... "........ -~ ~ ---- I verify that the otatemente in the foregoing pleading are true and correct. I underotand that taloe otatemento herein are made oubject to the penaltieo ot 18 PaCS 4904 relating to unoworn taloification to authoritieo. ~~ ROBERT M. HARTIN - 1/\1 ~ I, ) I' RODER1' M, MAR1'1 N, 1l0NNA R. MARTIN, dnd ROIIER'/' E. MARTIN, !,Iaint J II s vs. ) ) ) ) ) ) ) ) IN TilE COllR1' OF COMMON 1'(,!lAB OF ClJMIIliRJ,ANIJ COUNTY, PI\NNBYLVANIA J,ARRA J NE ll, MOR1'ON, 11I'11'Ilddnl NO, 'l~-29!)4 CIVil, 1'ERM ClJB1'ODY ANIlNOW,thJ(;)l"A. day III Q!!I.ID1 t. r"'( relinquJsh . 199~, In dccordance wllh Ule m(!morolndum aUached her..to, I herehy JurlsdlctJun 01 IhJa case and return Jt t.o UII' Court. AdmJnJstrator lor InlU..,r I'locee<lln9(;. 1'01 I he CoUI'1 , ,~ Chr16tofJlwr C. 1I0llston, Esquire Atlorney lor PI.JntJII Joan Carey, EsquJre l,e901l Bervll'eo, Inc. Attorney lor llefendant c.~ ,'...,me.\. ~IJ. . J Ii ~ J.~ - '4). ~ ~ './1 t c ~ . ~ a " . < ~ .... < 'J ~ oJ ..,-; ~ . . .. s ~ < oJ ...l . r r . 0 ., ...l .. ~ ~ " ~, ~ ~. ~ .. : .. ~ c ~ " ~ - .. . ,. .. e ..,. 0( < 1, ~ 'fJ " 5 ., ,. r ~ ~ . ... POIlER'I' M. MAR'rI N, lloNNA R. MARTIN, and ROIlERT E. MARTIN, l'lalntil(n ) ) ) ) ) ) ) I CUG1'0IlY IN TilE COURT 01' COMMON PLEAS OF CUMDERLANIl COUNTY, PENNDYLVANIA va. NO, 95-2954 CIVIL TERM I,ARRATNE II. MORTON, Il!!ll?ndant. JUllGE PREVIOUSLY AGS1GNED: The Honorable J. Wealey Oler, Jr. The Ilunorable George E. Holll![ ~;O!lCII,I "TO~ ._q)!l~!l.!!!lli!;!! ,,"f!I!<).!I"N!!~ IN ACCORIlANCE WITII CUMBERLANIl COUNTY RULE OF CIVIL PROCEIlURE 1915.3-8Ib), the undernl9ned Cust.ody Cond I lat.ol' lillhml t s I h!! lollowing nlt'morandun1: 1. The pertlnenl information eoncl'rnin9 tI\f! !'hlld who Is Ihe subject. of t.hls litigation is as follows: !lAM] CUIlRENTI,Y IN qljlTl.lI).LOI' 1!1!l.,!'IUlA'!1? Troy A. Martin II Ilecembe r I <J'n Plaint.lfl/Mat.ernal Grandmotber 2. A Conciliatioll Confl'lenL'e wali IlI'ld Oil II AU<jIIHt. 199~) 'Ind Ihe fOllowlnll Individualli wnn' (>1'1'1H'nl: TIll' PI,linl if I" .11111 U\!'l I' ,'ollllla' I , Chrllit.o(>ber C. Ilouston, Eaqulre; t.he llefl'ndant. and hl6 allol'ne\', 1''''1011 GelYle"li, Inl'. Allio (>renent. was Audra Darhaur of Cllmb"l'lillll! Counly (,hl1,1I1'1I and YOlllh "l'IVII'''li, 1. mel wllh III<' (><lII1"'i 1111 II Auglllil 199'1, .1 lid'l" lIoff<'1' h..d dili(>osed of t.he 11I'imal'Y ililiuP of !'lIlitlllly ill Ihl' JII"l'nlll' ,il'l iOIl hy IdB of'lI.,1' of 10 AUYIlIiI 1995. The ollly IhlllY 10 I", 1(,6111""lf hy Ihe (>.11 \ il'fi .11 11111 "III1II'II'IlI'I' ~,Il. a lidl<'dlll.. lor Ihe InOUIt'I"Ii lilll,,'niB!''' 1,,'(ill,II, III 11'1ll1"1(,IIY "IIIiI",I\. W,, 111'11' nlll .Ihll' III J'I,liolve anythinll on thllt hp{',tll!it~ .....f1 llilllltlt kilO'" ~1I.tt iUlrWtJPlnl'lltli 1 lit. lIIoth(11 ('lIl1ld mitk,~ fur fiupervlsion hy thJl'd llal'tJI'H Ill' whal third pal't JI!!1 would be acceptable to the lather and hiH mother. who now hall prJmal'Y cUlltody. 1, Counllel dgl'l'ed 10 II'Y III work oul III.. ill'Hle'1 01 HUpel'vJlllon and d l.lmporal'Y cUlltody Ilchedule and g..t back 10 m'l if tllPY could not {Io t;(I, 11 t1I1'Y a...' IlUC('eIlHlul iu workJng out both thull" illllueB, UII'Y wlll 1l...,B..1I1 a Btipulal..d order (lil'ect1y 10 the court to be signed, II tllP}' Cdllllllt. Ih{'y will 'HlvilH' nil' and \Ie can havIl another concJliation conlel'ence all neceullal'Y. ,.,~ 16 August 1995 Sa L. Andes Cnstody ConcilJator }. " ! vs. I I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN8YLVANIA ROBERT M. MARTIN, DONNA R. MARTIN, and ROBERT E. MARTIN. Plaintiffs NO. 95-2954 CIVIL TERM LARRAINE D. MORTON, Defendant CUSTODY ORDER ANIl NOli, this day of , 1995, in accordance with the memorandum attached hereto, I herehy relinquish jurisdiction o( this case and return it to the Court Administrator (or further proceeding". For the Court, ~~An~~ Custody Conciliator Christopher C. Houston. Esquire Attorney for Plaintiff Joan Carey, Esquire (,egal Services, Inc. Attorney tor Defendant I II , II . . . ROBERT M. MARTIN, DONNA R. MARTIN, and ROBERT E. MARTIN,: Plaintiffs IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 95-2954 CIVIL TERM LARRAINE D. MORTON, Defendant CUSTODY ORDER OF COUJIT AND NOW, this 14th day of June, 1995, upon consideration of Plaintiffs' Petition for special Relief and Defendant's Petition To Dismiss claim for custody for Lack of Standing, and pursuant to an agreement reached in open Court in the presence of the parties and their counsel, it is ordered and directed as follows: 1. The Plaintiff, Robert M. Martin, and Defendant, I.rraine K. Morton, shall have shared physical and legal custody of the minor child, Troy A. Morton, date of birth 12/11/93 ; 2. The periods of shared physical custody for the Defendant shall be exercised with supervision by Debra Lucas and/or Dale Morton, Jr. and shall be exercised in accordance with the following schedule: Monday, Wednesday, Thursday, and Friday from 3:30 p.m. until 8:00 p.m., on alternating weekends from 4:00 p.m. on Saturday until 8:00 p.m. on Sunday, and on the intervening weekends from 3:00 p.m. on Saturday until 8:00 p.m. on sunday. The Defendant shall provide transportation to pick up the minor child; and the Plaintiff, Robert M. Martin, shall provide transportation for picking up the minor child at the end of Defendant's periods of shared custody.