HomeMy WebLinkAbout95-05288
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MARIANNE GORHAM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
.
.
.
.
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
NO. 95- !:J..fl
CIVIL TERM
.
.
v.
:
: CUSTODY
JUAN MARTIN,
Defendant
.
.
.
.
PETITION FOR SPECIAL RELIEF
The plaintiff, MARIANNE GORHAM, by and through her attorney,
Joan Carey, of Legal Services, Inc., represents the following:
1. The plaintiff, Marianne Gorham, hereinafter referred to
as the mother, resides at 625 Hummel Avenue, Lemoyne, Cumberland
County, Pennsylvania.
2. The defendant, Juan Martin, hereinafter referred to as
the father, resides at 2715 Boardwalk Avenue, Atlantic City, New
Jersey.
3. The parties are the parents of Thomas Gorham-Martin,
hereinafter referred to as the child.
4. A Complaint for Custody was filed in the above-captioned
matter simUltaneously with this Petition. A conciliation
conference will be scheduled.
5. A custody order was entered in the Court of Common Pleas
of Philadelphia County on November 3, 1994, which gave the mother
primary physical custody and the father partial custody every
Wednesday and any other times which are agreed upon. The mother
was responsible for transportation. (Order attached as Exhibit
A) .
6. The mother moved from Philadelphia to Cumberland County
in approximately October 1994. The parties have shared
transportation meeting in Philadelphia where the father picked
the child up on Wednesday and returned the child later that day.
7. On approximately August 1B, 1995, the plaintiff was
contacted by the defendant's girlfriend at 3:00 a.m. to request
that she come to Atlantic city to pick up the child. The
girlfriend related the events of the evening as follows: The
girlfriend came home to find the defendant passed out on the
floor and the baby passed out or sleeping in a closet. When the
defendant came to, he left the residence. When he returned, he
argued with the girlfriend, punched her in the head, and grabbed
her by the arms. The defendant then took the baby through a door
adjacent to the apartment while yelling that he was going to kill
the girlfriend. The police were called, when they arrived they
and found the defendant passed out on the floor. When they tried
to wake the defendant who was asleep with the child next to him
on the floor, the defendant resisted arrest and had to be sprayed
with a deterrent. The defendant was arrested for simple assault,
terroristic threats, and resisting arrest. (See attached police
report marked Exhibit B and incorporated by reference.)
8. The mother feels that the father's behavior on or about
August 18, 1995, adversely affected the child who was left
unattended and placed at risk during the father's violent episode
with his girlfriend and with the police.
9. The mother has reason to believe that the father is not
fit to care for the child for reasons including his abuse of
,
alcohol and his violence.
10. The mother feels that the child's safety will be in
danger if he is in the father's care without supervision.
WHEREFORE, the plaintiff requests that this court enter a
Temporary Order granting her primary physical custody of the
child, pending further Order of Court.
Respectfully submitted,
tL--1
( oan Carey
, Attorney for Pia ntiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
The above-named plaintiff, MARIANNE GORHAM, verifies that
.
the statements made in the above Petition are true and correct.
The plaintiff understands that false statements herein are made
subject to the penalties of 18 Pat C.S. section 4904, relating to
unsworn falsification to authorities.
Date:J/J('J/
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MARIANNE GORHAM,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- -Ofr CIVIL TERM
v.
JUAN MARTIN,
CUSTODY
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 am 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: Marianne Gorham
Address: 625 Hummel Avenue
Lemovne. PA 17043
Social Security Number: 209-50-4426
(b) If you are presently employed, state
Employer: None
Address:
Salary or wages per month: N/A
Type of work: N/A
If you are presently unemployed, state
Date of last employment: 9/94
Salary or wages per month: $300.00
Type of work: Cashier/clerk
(c) Other income within the past twelve months
Business or profession: N/A
Other self-employment: N/A
Interest: N/A
Dividends. N/A
Pension and annuities: N/A
Social Security benefits: N/A
Support payments: since Julv 95 - $656.00
Disability payments: N/A
Unemployment compensation and
supplemental benefits: N/A
Workman's compensation: N/A
public Assistance: (received for 8 mos.) $2496.00
other: N/A
(d) Other contributions to household support
(Wife (Husband) Name: None
If your (husband) (wife) is employed, state
Employer: N/A
Salary or wages per month: N/A
Type of work: N/A
contributions from children: N/A
(e) Property owned
Cash: $1.00
Checking Account: None
savings Account: None
certificates of Deposit: None
Real Estate (including home): None
Motor vehicle: Make None
Year
Cost
Amount owed
Stocks; bonds: $50.00 savinas bond
Other: None
(f) Debts and obligations
Mortgage: None
Rent: $200.00
Loans: None
Monthly Expenses: JC Pennv- $45.00. Sears- $50.00
Bradlee's- $20.00. Visa- $20.00. Strawbridae- 10.00
Fashion Bua- $10.00. victoria Secret- $12.00.
diaDers - $42.00. aroceries- $15.00. aasoline- $15.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name: None
Children, if any:
Name:
Thomas Gorham-Martin
20 mos.
Age:
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 Pat C.S. 4904, relating
to unsworn falsification to authorities.
Date:
~hIA-
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(d~~~'{p7
ianne Gorham, Pia
MARIANNE GORHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff :
. CUMBERLAND COUNTY, PENNSYLVANIA
.
v. .
.
. NO. 95- J"J t>r CIVIL TERM
.
JUAN MARTIN, .
.
Defendant . CUSTODY
.
ORDER OF COURT
AND NOW, upon consideration of the attached complaint, it is
hereby directed that the parties and their respective counsel appear
before tv' i ,,1."0-- I L, &""'f> {-Xt. , the conciliator, at
t-h,/,f1J n I I
1o~ 5, I<<t" .9, {oJ"fon the ~bth day of 1'Ir)lJr-r)1l;1tr
1995, at JO:oo,4 . .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.
By th~ Court, I ~
j'k;~~;L A-, ~-I~
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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
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 made at least 72
hours prior to any scheduled hearing or business before the court.
You must attend the scheduled conference or hearing.
Ocr I Z "Ill PH '95
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MARIANNE GORHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff .
.
. CUMBERLAND COUNTY, PENNSYLVANIA
.
v. .
.
: NO. 95- -S'.ll't' CIVIL TERM
JUAN MARTIN, :
Defendant . CUSTODY
.
COMPLAINT FOR CUSTODY
~
Present Residence
Agg
1. The plaintiff is Marianne Gorham, residing at 625 Hummel
Avenue, Lemoyne, CUmberland County, Pennsylvania 17043.
2. The defendant is Juan Martin, residing at 2715 Boardwalk
Avenue, The Ritz Building, Atlantic city, New Jersey, 08401.
3. Plaintiff seeks custody of the following child:
Thomas Gorham-Martin
625 Hummel Avenue
Lemoyne, PA
20 mos.
The child was born out of wedlock.
The child is presently in the custody of Marianne Gorham,
who resides at 625 Hummel Avenue, Lemoyne, Pennsylvania.
During the child's lifetime, the child has resided with the
following persons and at the following addresses:
UAu Address ~
plaintiff 7 North Morris Avenue 12/15/93 - 2/14/94
Atlantic City, NJ
plaintiff 1318 Arrat Street 2/14/94 - 7/94
Atlantic City, NJ
plaintiff , 4318 McKinley 7/94 - 10/94
Gail Annunzio Philadelphia, PA
(plaintiff's friend)
IiAU
Address
I2An
625 Hummel Avenue
Lemoyne, PA
10/94 - present
plaintiff,
Greg smith,
Wanda Smith, Michael &
Jason Smith (plaintiff's
fiance, fiance's mother,
and fiance's children
The mother of the child is Marianne Gorham, currently
residing at 625 Hummel Avenue, Lemoyne, Pennsylvania.
She is single.
The father of the child is Juan Martin, currently residing
at 2715 Boardwalk Avenue, Atlantic city, New Jersey.
He is single.
4. The relationship of plaintiff to the child is that of
mother.
5. The relationship of defendant to the child is that of
father.
The plaintiff currently resides with the following persons:
~
Relationship
fiance
fiance's mother
fiance's son
fiance's son
son
Greg smith
Wanda Smith
Michael smith
Jason smith
Thomas Gorham-Martin
6. Plaintiff has participated as a party or witness, or in
another capacity, in other litigation concerning the custody of
the child in this or another court. The plaintiff was awarded
primary custody subject to partial custody in the defendant
pursuant to Order of November 3, 1994, in the Family Court
Division of Philadelphia County captioned 94-14857. A copy of
this order is attached and incorporated herein by reference.
7. Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
8. 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 mother has been the primary caretaker of the
child.
b. The mother can best provide for the needs of her
child.
c. The father's behavior has adversely affected the
child.
d. The father has shown by his lack of care or
supervision of the child that he is not a fit
parent.
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 and legal custody of the child to the plaintiff,
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MARIANNE GORHAM
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VB.
NO. 95-5288 CIVIL TERM
JUAN MARTIN
Defendant
CUSTODY
ORDER
AND NOW this ],.,f day of J~",~U ' 1996, it being reported
to the Conciliator that the parties are attempting to reach an agreement which
makes further proceedings unnecessary, the undersigned Conciliator hereby
relinquishes jurisdiction and returns the matter to the Court Administrator. If either
of the parties wishes further proceedings in this action, they should petition the
Court anew.
FOR THE COURT,
..w~' t 67<,
M CHAEL L.'BANGS
Custody Conciliator
cc: Joan Carey, Esquire
Mr. Juan Martin, pro se
r,!.Eo-GrACE
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