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!'KIMBERLY A.
,
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MARKHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98- 1..J I ~
CIVIL TERM
I,
,I
,:BENJAMIN
J. MARKHAM,
Defendant
CIVIL ACTION - CUSTODY
i:
ORDER
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:; AND NOW, this \e day of ~h II n\'..c(, 1998, upon
i:consideration of the attached complaint, it is hereby directed
I,that the. parties and their respective counsel appear before
AI', c.... .'-;, ,':, I',,\t'to., , Esquire, the conciliator, at
i: -'c -.j, ~ . ,<", \' rr .(' > , Pennsylvania, on
!'the' ay of \'X.."(("("'\")r-{ , 1998, o'clock ----.f:..M.
ilfor a Pre-Hearing Custody Conference. At such conference, an
i!effort will be made to resolve the issues in dispute; or if this
iicannot be accomplished, to define and narrow the issues to be
I'heard by the court, and to enter into a temporary order. All
Ilchildren age five or older may also be present at the conference.
I Failure to appear at the conference may provide grounds for entry
'Iof a temporary or permanent order.
I,
I FOR THE COURT,
'~')
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
ust be made at least 72 hours prior to any hearing or business
before the court. You must attend the scheduled conference or
hearing.
I
,
'YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER
AVE A LAWYER OR CANNOT AFFORD ONE, GO TO
SET FORTH BELOW TO FIND OUT WHERE YOU CAN
AT ONCE. IF YOU
OR TELEPHONE THE
GET LEGAL HELP.
DO NOT
OFFICE
LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
LAW OFFICES
SNELBAKER,
BRENNEMAN
Be SPARE
KIMBERLY A. MARKHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98- l,J/~
CIVIL TERM
BENJAMIN J. MARKHAM,
Defendant
CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTODY OF MINOR CHILD
Plaintiff Kimberly A. Markham by her attorneys, snelbaker,
Brenneman & Spare, P. C., hereby avers the following:
1. The Plaintiff Kimberly A. Markham is an adult individual
residing at 1817 Hunter Drive, Mechanicsburg, Pennsylvania.
2. The Defendant Benjamin J. Markham is an adult individual
residing at 910 Greenbriar Drive, Mechanicsburg, Pennsylvania.
3. Plaintiff seeks custody of the following child:
NAME PRESENT RESIDENCE AGE
Joshua Tyler Markham 1817 Hunter Drive 1 year, 5 mos.
Mechanicsburg, PA
17055
The child above named was born in wedlock.
The child above named is presently in the custody of
Plaintiff at her residence as indicated in Paragraph 1, above.
4. During the last five (5) years, the child resided with
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Ithe
following persons at the following addresses:
PERSONS
1. Plaintiff and child's
maternal grandparents,
Sherry A. Northrup and
John R. Northrup
2. Plaintiff and Defendant
J. Plaintiff and Defendant
ADDRESS DATES
1B17 Hunter Drive 11/2/98 to
Mechanicsburg, PA present
17055
910 Greenbriar Dr. 6/9B to
Mechanicsburg, PA 11/2/98
17055
7024 Wertzville Rd. 6/8/97 to
Mechanicsburg, PA 6/9B
17055
The mother of the child is Plaintiff Kimberly A.
Markham, who currently resides at the address set forth in
Paragraph 1, above. She continues to be married to Defendant.
The father of the child is Defendant Benjamin J.
Markham, who resides at the address set forth in Paragraph 2,
above. He continues to be married to Plaintiff.
5. The relationship of Plaintiff to the child is that of
mother. The Plaintiff currently resides with the following
persons:
NAME
Joshua Tyler Markham
Sherry A. Northrup
LAW OFFICES
SNELBAKER.
BRENNEMAN
Be SPARE
John R. Northrup
RELATIONSHIP
Son
Grandmother of child
Grandfather of child
-2-
pendency of this action and the right to intervene: None.
,
WHEREFORE, Plaintiff Kimberly A. Markham requests this Court
i
to grant her custody of her child, Joshua Tyler Markham.
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Date: 1,1" "~
::~LOi1~ P. ,.
Keith O. Brenneman, Esqu1re
44 West Main street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Kimberly A. Markham
LAW OFFICES
5NElBAKER.
BRENNEMAN
8: SPARE
-4-
':IMBERLY A. MARK/WI,
Plaintiff
IN THE OOURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
va.
NO. 98-63l2 CIVIL TERM
BENJAMIN J. MARK/lAM,
Defendant
CIVIL ACTION - LAW
IN CUS'IOD'i
aIDER OFaxJRT
AND 101, this '2-1 day of - .J oJ(J; j)
upon consideration of the attached CUstody Condlia'tion
ordered and directed as follows:
, 1999 ,
Report, i tis
1. The Mother, Kint>erly A. Markham, and the Father, Benjamin J.
Markham, shall have shared legal custody of Joshua Tyler Markham, born June
8, 1997. 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.
2. The parties shall have custody of the Child in accordance with the
following schedule:
A. The Father shall have custody of the Child from Saturday,
December 19, 1998 at 5:00 p.m. until Sunday, December 20, 1998
at 5:00 p.m. Beginning January 1, 1999, the Father shall have
custody of the Child on alternating weekends from Friday at
5:00 p.m. through Sunday at 6:00 p.m. Beginning January 5,
1999, the Father shall have custody of the Child in every week
from Tuesday at 7:00 p.m. until Wednesday at 4:30 p.m.
B. The Mother shall have custody of the Child at all other times
not otherwise specified for Father in this Order.
3. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into
Segment A, which shall begin on Christmas Eve at a time to be
arranged by agreement of the parties and shall end on
Christmas Day at 2:00 p.m., and Segment B, which shall begin
on Christmas Day at 2:00 p.m. and continue through December 26
at a time to be arranged by agreement of the parties. In
1998, the Father shall have custody of the Child during
Segment A and the Mother shall have custody of the Child
during Segment B. Thereafter, the parties shall alternate
having custody of the Child during Segment A and Segment B
unless the parties agree otherwise.
B. Thanksgiving/Easter: In every year, the parties shall each
have an equal period of custody wi th the Child on both
-
Thanksgiving Day and Ea!lter Sunday to correnpond to each
family's traditional dinner time. In the event of Il dispute,
the parties shall alternate having cU!ltody of the Child during
the first and second parts of the holiday.
C. Alternating lIolidaye: The Father IJhall have custody of the
child on Memorial Day in odd numbcrod years and on July 4th
and Labor Day in even numbered years. The Mother shall have
custody of the Child on Memorial Day in even numbered years
and on Labor Day and July 4th in odd numbered years. Not
withstanding the foregoing, the Mother shall have custody of
the Child on July 4th in every year in which the Mother is on
vacation with the Child over the July 4th holiday.
D. Mother's Day/Father's Day: The Mother shall have custody of
the Child every year on Mother's Day and the Father shall have
custody of the Child every year on Father's Day.
E. Trick-or-Treat Nioht: Each party shall have an equal period
of custody with the Child during Trick-or-Treat Night in each
year. The parties agree to attempt to select a different
Trick-or-Treat night in separate municipalities if possible.
F. Child's Birthday: Each party shall have custody of the Child
for an equal period of time on the Child's birthday each year.
G. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
4. Each party shall be entitled to have custody of the Child during
two non-consecutive weeks for vacation each year upon providing at least
thirty (30) days advance notice to the other party.
5. The party relinquishing custody of the Child shall be responsible
to provide transportation for the exchange of custody.
6. After following the custody schedule set forth in this Order for
at least two rronths and in the event the parties are not at that time able
to agree on ongoing custody arrangements, counsel for either party may
contact the Conciliator to schedule an additional Conference.
7. This Order is
Conciliation Conference.
Order by mutual consent.
this Order shall control.
entered pursuant to an agreement at a CUstody
The parties may rrodify the provisions of this
In the absence of mutual consent f the terms of
BY THE COURT-! /
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Keith O. Brenneman, Esquire - Counsel for Mother
Lindsay Dare Baird, Esquire - Counsel for Father
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KIMBERLY A. MARKHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 98-6312 CIVIL TERM
BENJAMIN J. MARKHAM,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY COOCILIATIOO SUMMARY REPORT
IN AcaJRDANCE WITH ctJoIBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENrLY IN CUSTODY OF
Joshua Tyler Markham
June 8, 1997
Mother
2. A Conciliation Conference was held on December 16, 1998, with the
following individuals in att~ndance: The Mother, Kimberly A. Markham, with
her counsel, Keith O. Brenneman, Esquire and the Father, Benjamin J.
Markham, with his counsel, Lindsay Dare Baird, Esquire.
3. The parties agreed to entry of an order in the form as attached.
lJul''''~l.u 1
Date
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Dawn S. Sunday, Esguil!!>"
Custody Conciliator
KIMBERLY A. MARKHAM
IN IHH'OlilU OI;(,()~I,\I0~1'l.b\S(W
('I !\tIlUOo\NIl ('01 XI Y. I'I:NNSYI.V ANIA
PLAINTIFF
v,
I)H.(,312 I'IVII. t\('1I0N I.,\W
BENJAMIN J. MARKHAM
DEFENDANT
IN CUSTODY
OIUlEI{ OF conn
AND NOW. Wednesday, November 27, 2002 ___.' upon consideration of the allaehed Complaint.
it is hereby directed that parties and their respective counsel appear hdicre _pawn S, Sunda)', ':''1'___' the conciliator.
at 39 West Main Street, Meehanlcsburg, PA J 7055 on Wednesday, December /8, 200l at 10:00 AM
for a Pre-Hcaring Custody Conference. At such conference. un eni,rt will be made to resolvc the issues in dispute: or
if this cannot be uccomplishcd. to deline and narrow Ihe issues 10 he heard hy the court. and to enler intou temporary
order. All childrcn uge livc or older may also he present al the conference. Failure to appear at the conlerenee may
provide grounds for entry of a temporary or pcrmanent order,
The court hereby directs the parties to furnish nny and nil csistin!: I'rotcetion from Ahnsc orders,
Special RelicI' orders, and Custody orders to the conelllntor 4H hours (,rlor to scheduled hcarinu.
FOR THE COURT.
By: /s/
D<rn!lLSJ1UlfmY..Lsq.
Cuslody Conciliator
(I
The Court of Common Pleas of Cumberland County is required by law 10 comply with the
Americans with Disabililes Act of 1990. For infommtion aboul acccssiblc lucilities and reasonable
accommodations available to disabled individuals having business before thc court, plcasc contact our orticc.
All an'angements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the schcdulcd confcrcncc or hcaring.
YOU SHOULD TAKE THIS PAPER TO YOUR AHORNEY AT ONCE, II' YOU DO NOT
HAVE AN A HORNEY OR CANNOT AFl'ORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP.
Cumberland County Bar Association
1 Libcrty A venue
Carlisle, Pennsylvania 17013
Telephone (717) 149-3166
'...
KIMIlI'HIY A, ~1.'\RKII\\1.
I'lail1lirr Respondent
I~IIII ('( II iRT (" ('( )\I\I<)~ I'I,I;AS (IF
ClJMIlI',RI/\~1l ('01 ;~I Y. I'I;~:'I;SYI VANII\
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(,I\'II,ITR~I
BENJAMIN J MARKIIAM.
Ilcli:ndarllil'eliti'lI1er
: CIVil ACTlO:'l;.IA \\'
: IN ClISTOIlY
ORDER ANIl NOTI('I;,
^~I) ~()W. :!IIfJ:!. lIpllll ~11l1..idl.'ralillll tlflll",' i1l1,ldh:d l:tll1lplailll. II j.. hl.'n.:hy
din:Clcd tlmt the p.lrth..... ,Ind their n....p1.'l'li'.... (,,'IIUI1~cl appl.'OIr Ill'lilf\'" . the
concilioltnr. ill (lllllh,' dilY
of .::mc. at _ HI.. '(If.f I'n':~""".lrillg ('ll~(tldy ('onfcn.'llc...'. Al slIdll."onfi.'n:lH:c. ;lIIl'(fim \\Iff he
moldc tn rl.'slll\'c the i""iUl'S in disp"h.'; or if Ihi... c.lIIl1ul he i1cl'umpli..lll:J. ltllll.'lill\.' ilnd Ilano\\ th\.' i....ul.,.. 10 h\.' hean.!
hy the l'ourt. :'lIId tu lo'nh:r inlo.1 tcmporary Ilrder. All childrcll ilgl.'lhl..'llr ulllef I11:lY ill..1l hI.' prl'..I.'111 <l11hl' 1,:IlI1I~'n:lh:l.'.
Failurl' 11I.1JlJll'OIr at Ihe COI1I\:fl.'llI:I.' 1lI.1Y prm'idl.' grounds Itlf l'I11ry Ill' a 1I.'lI1porary or pl.'f1n;lI1t:nl onkr.
H lR 1111" ('()\IU,
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The ('ourl ofCol11ll1on Pleas ofCtIIl1hl.'rl.lI1d Coullly is reqllirl'd hy law to 1.:0l11ply \\ilh Ihl.' ..\l1leril.::III'i wilh
Disilhililics Al:l or 11)(Jl), For inlilflllalitlll .Ihoul accessihil: 1;ldJitil" illld rl.'OIs11lJ:Jhk' ;1l:I.'olllll1odatiolls ;lvailahk' 10
disahled individuals h.l\ing husilll'sS ht:lilrc Ihl' l:ourt, pk:!Sl' CllIlI.II:1 0111' oflil:l'. ,.\11 arrangl.'I11I.'IlI, 1Il1ls1 hI.: 111:H.II... 011
Icasl 7~ hours prillI' 10 an)' hearing Ill' husilll.'ss hl'lilJ't: till.' I.:llurl. YOlIlllll,1 .Ilh..'lld 1111.' Sdll.'dukd l'tlllll.:rl.'IlI.:I.' or
hl'i.lring.
YOU SIIOUI.D TAKI: TillS PAPER TO YOUR 1.,1 WYI'R AT O;>.;CE, IF YOU DO ~(lT 11,1 VI: A I.A\\'YER
OR CANNOT AFFORD ONE, (iOTO OR TEI.I:I'1I0;>';F TilE OFFICI: SET FORTIIIlI:I.O\\' TO FIND OUT
WIIERE YOU CAN (il:T I.EOAI.III:I.I',
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CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
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e~: Lindsay Dare Baird. Esquire
Kimberley A. Markham
Conciliator
KIMBERLY A. MARKIIAM.
1'101 inl i fI' Resp'Hldent
IN Till; COURT OF COi\IMON I'I.G\S OF
('( 1i\IIlLRI;\NIJ COI iN IY. 1'1, NNSYI V ^NIA
v.
N(), ')X-(',11~
CIVIL II:Ri\1
BENJ^MIN J M^RK"^M.
DdcndanilPelil ioner
: CIVIL MTION-I.1\W
: IN CUSTOIJY
.
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PETITION FOI{ i\IODIFI(',\TION OF ClISTODY
NOW comes the pelitioner. Benjamin J, Markham. hy his .1Ilorney, I.indsay Dare Baird,
Esquire. and presents Ihe li,lIowing petition Ii II' nlOdilicalion or custody and avcrs as li,lIows:
I. Pctitioner is Benjamin .I, Markham. an adult individual residing al10X Failh Cirele.
Carlisle. Cumherland County. Pennsylvania 170 I J,
1. Respondenl is Kimherley 1\, Markham. an adult individual residing 011175 Folkstone
Way. York. Pennsylvania 17401,
3. The parlies arc Ihe nalural parenls ora minor child. namely. Joshua Tyler Markham.
age 5. born June X. 1997.
.1
4, On December ~X. IlJlJX. this lIonorable Court issued a custody order regarding the
child. On January 11. IlJlJlJ. an amended ordcr was issued. 1\ Irue and correcl copy or Ihe Orders
arc incorporaled hcrein and allached herelo as Exhihit "^".
5. Pursual1l to thai Order. the parlies enjoy shared legal euslody or the child. Mother has
primary physical custody and Father has cerlain specilied periods or partial physical custody.
0, Since then. Mother has relocaled to York and thc child has hegun kindergarten.
7. ^s a result or those Iwo events, Father is seeing the child less than he should.
X. Petilioner helieves and therdi,re avers thai circumslanees since the entry or the
ali,resaid Orders have changed requiring a review and revision or the current parlial custody
provisions li,r thc parties' minor child,
I verify that to the best of my knowledge and belief, the statements In the foregoing documenl
are true and correct. I understand that false statements herein are made subjeclto tho ponnltios
of 18 PaeS 94904 retating to unsworn falsification to authorities,
~ ;;? fti~L
Ssnj<lm1n J,JAarkham. Petitioner
?
KIMBERLY A. MARKHAM,
Plaintiff
IN THE COURT OF cn-1MON PLEAS OF
CUMBERLAND <XlUNTY, PENNSYLVANIA
vs.
NO. 98-6312 CIVIL TERM
BENJAMIN J. MARKHAM,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF CDJRT
AND ~, this ;}:2..
consideration of the attached
and directed as follows:
day of
CUstody
1
iCn......:t.....L
Coneiliatioii Report,
, 1999, upon
it is ordered
Paragraph 2 A of the prior Order 9f this Court dated December 2B, 1998
is hereby amended to provide that the Father's weekly periods of custody,
beginning January 5, 1999 shall run from Tuesdays at 5:00 p.m. until
Wednesdays at 4:30 p.m.
BY THE COURT,
IS/ C~-i.:it'_G '73. "I3:';'rf.:./_,
Edgar 8. Bayley '- Q J.
cc: Keith O. Brenneman, Esquire - Counsel for Mother
Lindsay Dare Baird, Esquire - Counsel for Father
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EXHIBIT "A" ,;,L..jr1j- . ' ,
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KIMBERLY A. MIIRKIIJIM,
plaintiff
IN TilE COUR1' 0[0' COMMCf'l I'Li>AS Of'
ClJMBERLIIND COUN'l'Y, I'ENNSYLVIINIA
vs.
NO. 9'3-6312 CIVIL TERM
BENJJlMIN J. MARKIIJIM,
Defendant
CIVIL ACrIOl'I - [,AW
: IN CUSTODY
ORDER OF COORT
AND NOi, this 2 .j day of ;t "'~, ,nL ~ ",
upon consideration of the attached Custody Conciliation
ordered and directed as follows:
, 199 S ,
Report, i tls
1. The Mother, Kimberly A. Markham, and the Father, Benjamin J.
Markham, shall have shared legal custody of Joshua Tyler Markham, born June
8, 1997. Each parent shall have an equal right, to be exercised jointly
with the other parent, to make all major non-elllergency decisions affecting
the Child's general well-being including, but not limited to, all decisions
regarding his health, education and religion.
2. The parties shall have custody of the Child in accordance with the
following schedule:
A. The Father shall have custody of the Child from Saturday,
December 19, 1998 at 5:00 p.m. until sunday, December 20, 1998
at 5:00 p.m. Beginning January 1, 1999, the Father shall have
custody of the Child on alternating weekends from Friday at
5:00 p.m. through Sunday at 6:00 p.m. Beginning January 5,
1999, the Father shall have custody of the Child in every week
from Tuesday at 7:00 p.m. until wednesday at 4:30 p.m.
B. The Mother shall have custody of the Child at all other times
not otherwise specified for Father in this order.
'" -
3. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into
segment A, which shall begin on Christmas Eve at a time to be
arranged by agreement of the parties and shall end on
Christmas Day at 2:00 p.m., and segment B, which shall begin
on Christmas Day at 2:00 p.m. and continue through December 26
at a time to be arranged by agreement of the parties. In
1998, the Father shall have custody of the Child during
segment A and the Mother shall have custody of the Child
during segment B. Thereafter I the parties shall alternate
having custody of the Child during segment A and segment B
unless the parties agree otherwise.
B. Thanksgiving/Easter: In every year, the parties shall each
have an equal period of custody with the Child on both
Thanksgiving Day and Easter Sunday to correspond to each
family's traditional dinner time. In the event of a dispute,
the parties shall alternate having custody of the Child during
the first and second parts of the holiday.
C. Alternating Holidays: The Father shall have custody of the
Child on Memorial Day in odd numbered years and on July 4th
and Labor Day in even numbered years. The Mother shall have
custody of the Child on Memorial Day in even numbered years
and on Labor Day and July 4th in odd numbered years. Not
withstanding the foregoing, the Mother shall have custody of
the Child on July 4th in every year in which the Mother is on
vacation with the Child over the July 4th holiday.
D. Mother's Day/Father's Day: Th~ Mother shall have custody of
the Child every year on Mother's Day and the Father shall have
custody of the Child every year on Father I s Day.
E. Trick-or-Tt'eat Night: Each party shall have an equal period
of custody with the Child during Tt'ick-or-Treat Night in each
year. The parties agree to attempt to select 11 different
Tt'ick-or-Treat night in separate municipalities if possible.
F. Child's Birthday: Each party shall have custody of the Child
for an equal period of time on the Child's birthday each year.
G. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
4. Each party shall be enti tIed to have custody of the Child during
two non-consecutive weeks for vacation each year upon providing at least
thirty (30) days advance notice to the other party.
5. The party relinquishing custody of the Child shall be responsible
to provide transportation for the exchange of custody.
6. After following the custody schedule set forth in this order for
at least two months and in the event the parties are not at that time able
to agree on ongoing custody arrangements, counsel for either party may
contact the Conciliator to schedule an additional Conference.
7. This order is
Conciliation Conference.
order by mutual consent.
this order shall control.
'" _ 7" ..';::,~,- .~";' ~C'-:N ::'~':.-::.?'~"r.d
entered pursuant to an agreement at a custody
The parties may modify the provisions of this
In the absence of mutual consent, the tet'lllS of
BY THE COURT,
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cc: Kelth O. Brenneman, Esqulre - Counsel for Mother
Lindsay Dare Baird, Esquire - Counsel for Father
';5(4/;+
J.
KIMBERLY A. MARKHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 98-6312 CIVIL TERM
BENJAMIN J. MARKHAM,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY aN:ILIATIOO &J!MARY REPCRT
IN Ac:caIDANCE WITH aJolBERLAND COONTY RULE OF CIVIL PROCEIllJRE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CllRRENrLY IN CUSTODY OF
Joshua Tyler Markham
June 8, 1997
Mother
2. A Conciliation Conference was held on December 16, 1998, with the
following individuals in attendance: The Mother, Kimberly A. Markham, with
her counsel, Keith O. Brenneman, Esquire and the Father, Benjamin J.
Markham, with his counsel, Lindsay Dare Baird, Esquire.
3. The parties agreed to entry of an order in the form as attached.
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Dawn S. Sunday, Esqui .
Custody Conciliator
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KIMBERLY A. MARKHAM,
Plainti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLV ANIA
V5.
98-6312
CIVIL ACTION LA W
BENJAMIN J MARKHAM,
Defendant
IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley
ORDER OF THE COURT
AND NOW, this c-l--- day of ~(,,,".oV~ , 2003,
consideration of the attached Custody Conciliation Report, it is ordered and directcd as follows:
upon
1. The prior Orders of this Court dated December 28, 1998, and January 22, 1999, are vacated
and replaced with this Order.
2. The Mother, Kimberly A. Markham, and the Father, Benjamin J. Markham, shall have
shared legal custody of Joshua Tyler Markham, born June 8, 1997. 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.
3. The Mother shall have primary physical custody of the Child.
4. The Father shall have partial physical custody of the Child on alternating weekends from
Friday after work through Saturday at 5 :00 p,m. and during the interim weekends from Saturday at
5:00 p.m. through the following Monday morning, when the Father shall take the Child to school or
summer camp. In the event that the Child does not have school or summer camp on a Monday, the
Father shall have custody ofthe Child until the Mother gets off work. The alternating weekend periods
of partial custody shall begin with the Father having custody of the Child during the first part of the
weekend beginning January 3, 2003 and the Mother having the second half of the weekend beginning
on January 4, 2003. The Father shall be responsible to provide transportation for exchanges of custody
under this paragraph except when the Mother plans to be in the Father's local area at the times of
exchange, in which case the Mother shall provide the transportation. The parties shall make a good
faith effort to equally share transportation as much as possible.
5, The parties shall share or altemate having custody of the Child on holidays as follows:
A. CHRISTMAS: Thc Christmas holiday shall be dividcd into Segmcnt A, which
shall begin on Christmas Eve at a timc to be arranged by agrccmcnt of the parties and
shall end on Christmas Day at 2:00 p.m., and Segment B, whieh shall begin on
Christmas Day at 2:00 p.m. and continue through Dccember 26 at a time to be arranged
by agreement of the parties. In 1998, the Father shall have custody of the Child during
Segment A and the Mother shall havc custody of the Child during Segment B.
Thereafter, the parties shall altemate having custody of the ehild during Segment A and
Segment B unless thc parties agree othcrwise.
B. THANKSGIVING/EASTER: In every year, the parties shall each have an equal
period of custody with the Child on both Thanksgiving Day and Easter Sunday to
correspond to each family's traditional dinner time. In the event of a dispute, the parties
shall alternate having custody of the Child during the first and second parts of the
holiday.
Co ALTERNATING HOLIDAYS: The Father shall have custody of the Child on
Memorial Day in odd numbered years and on July 4th and Labor Day in even numbered
years. The Mother shall have custody of the Child on Memorial Day in even numbered
years and on Labor Day and July 4'h in odd numbered years. Notwithstanding the
foregoing, the Mother shall have custody of the Child on July 4'11 in every year in which
the Mother is on vacation with the Child over the 4'h of July holiday.
D. MOTHER'S DAY/ FATHER'S DAY: The Mother shall have custody of the Child
every year on Mother's Day and the Father shall have custody every year on Father's
Day.
E. TRICK-OR -TREAT NIGHT: Each party shall have an equal period of custody
with the Child during Trick-or- Treat Night in each year. The parties agree to attempt to
select a different Trick-or-Treat Night in separate municipalities ifpossible.
F. CHILD'S BIRTHDAY: Each party shall have custody of the Child for an equal
period of time on the Child's birthday eaeh year,
G. The holiday custody schedule shall supercede and take precedence over the regular
custody schedule.
6. Each party shall be entitled to have custody of the Child during two non-consecutive weeks
for vacation each year upon providing at least thirty (30) days advance notice to the other party.
7. Except as otherwise provided in this Order, the party relinquishing custody of the Child
shall be responsible to provide transportation for the exchange of custody.
KIMBERLY A. MARKHAM.
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
98-6312
CIVIL ACTION LAW
BENJAMIN J MARKHAM,
Defendant
IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley
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 infonnation concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Joshua Tyler Markham
June 8. 1997
Mother
2. A Concilation Conference was held on January 2, 2003, with the following individuals in
attendance: the Mother, Kimberly A. Markham, who was not represented by counsel at the conference,
and the Father, Benjamin J. Markham, with his counsel, Lindsay Dare Baird, Esquire.
3. The parties agreed to entry of an Order in the fonn as attached.
J ~'-t'M. Co
Date
(O~JL_rfJ.
Dawn S. Sunday, Esquire ()
Custody Conciliator
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('l!~IIIIIU,A'1> ('( )(::'>1 Y, I'U"SSYI.VASIA
v,
98.6312 l'IVII ,\('1'111:'> I.AW
BENJAMIN J. MAKKIIA~I
IJI'HSIJ,\:\T
IS n:sl'< lilY
OIUlER OF COllIn
AND NOW. ,___,___\Ve!lne'd_ar..~I~!e)1-Il.H.__2,~1l.6- _ _____' uplln cllnsidcratillnllfthc alladled Clll11plaint,
it is herehy directed that parties a1111 their respective cnunsd appear heron: nUWII S. Sund")'. Esq. . the t.'{lllcilialOr.
at 39 Wesl Main Slreel. M.eh.n!esIJ!,_~g.I'A 1J.!I..s~__ lln __ __._Tu_""dl~,~-A!,ril.ll:l,_200~--_._-- at !!:30 AM
for 3 Prc-Ilcaring Custody Conlcrcncc. At such conli.:n:ncc. an efrort will he madl.' to rcsol\'l.: the isslIes in dispute; or
if this c;;mnllt he accomplished. to ddinc and narrow the isslIes to he heard hy the ::llllrt. and to enter into a h:mporury
order. All children age lI"c or ohkr mil\' also he pn.'sl'nt at the \."onli.:n.:nl.:c. Failun: to appear at the cOllfcn:ncc may
provide grounds for entry of a tl:lllpomry or pl:rmancnt ord~r.
The euurl herehy directs the Il"rlies 10 furuish all)' aud 1111 e,isliu~ l'roleeliulI from Ahuse orders,
Spedlll Relief orders. II lid ellstod,' orders 10 Ihe coucililllor 4H hours I"ior to scheduled hellriul!.
FOR 'I'll E COURT,
By: _1:'.'------P.'lIl:IL~~und!1J', Esq'---___II-Vl\
Custody Conciliator Y
The Court of Common PlcllS of Cumberland County is required by IllW to comply with the Americans
with Disabilites Act of 1990. For information about accessible l"cilitics and reasonable accoml11odations
available to disabled individuals having business he fore the court, please contact our office. All arrangements
l11ust be made at least 72 hours prior tn allY hcarillg or busilless bcll".e the court. YOUl11ust attend the scheduled
conference or hearing.
YOU SHOULD TAKE TillS 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 WIIERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
32 SoUlh Bedford Street
Carlisk. Pennsylvania 17013
Telephone (717) 249-3166
KIMBERLY A, MARKHAM,
Plaintiff/Respondent
IN THE COURT OF COlvlMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
s
v.
NO, 98-6312
CIVIL TERM
BENJAMIN J MARKHAM,
DefendanVPetilioner
: CIVIL ACTION-LAW
: IN CUSTODY
ORDER AND NOTICE
AND NOW, 2006, upon consideration of the attached complaint, it is
hereby directed that the parties and their respective counsel appear before
, the conciliator, al on the
_ day of ,2006, al 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 Ihe 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 entry of a temporary or permanent order,
FOR THE COURT,
By:
Custody Conciliator
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 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
cc: Lindsay Dare Baird, Esquire
Kimberley A. Markham
Conciliator
I verify thaI 10 the best of my knowledge and uelier, the statements In the foregoing document
are true and correcl. I understand thaI false statements herein are made subject 10 Ihe penalties
of 18 PaCS ~4904 relaling 10 unsworn falsification 10 authorities,
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KJMBERL Y A. MARKHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
98.6312
CIVIL ACTION LA W
BENJAMIN J MARKHAM,
Defendanl
IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley
ORDER OF THE COURT
AND NOW, this ;; 'i~ day of ~ I~ .~,~, , 2003, upon
consideration of the attached Custody Conciliation RePort, it is ~rdered and directed as follows:
I. The prior Orders of this Court dated December 28, 1998, and January 22, 1999, are vacated
and replaced with this Order.
2. The Mother, Kimberly A. Markham, and the Father, Benjamin J. Markham, shall have
shared legal custody of Joshua Tyler Markham, born June 8, 1997. 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.
3. The Mother shall have primary physical custody ofthe Child.
4. The Father shall have partial physical custody of the Child on alternating weekends from
Friday after work through Saturday at 5 :00 p.m. and during the interim weekends from Saturday al
5:00 p.m. through the following Monday morning, when the Father shall take the Child to school or
summer camp. In the event that the Child does not have school or summer camp on a Monday, the
Father shall have custody of the Child until the Mother gets offwork. The alternating weekend periods
of partial custody shall begin with the Father having custody of the Child during the first part of the
weekend beginning January 3, 2003 and the Mother having the second half of the weekend beginning
on January 4,2003. The Father shall be responsible to provide transportation for exchanges of custody
under this paragraph except when the Mother plans to be in the Father's local area at the times of
exchange, in which case the Mother shall provide the transportation. The parties shall make a good
faith effort to equally share transportation as much as possible.
EXHIBIT "A"
S. The parties shall share or alternate having custody of the Child on holida)'s as follows:
A. CHRISTMAS: TIle Christmas holiday shall be divided into Segment A, which
shall begin on Christmas Evc at a time to be arranged by agreement of the parties and
shall end on Christmas Day at 2:00 p.m., and Segment B, which shall begin on
Christmas Day at 2:00 p,m. and continue through December 26 at a time to be arranged
by agreement of the parties. In 1998, the Father shall have custody of the Child during
Segment A and the Mother shall have custody of the Child during Segment B,
Thereafter, the parties shall alternate having custody of the child during Segment A and
Segment B unless the parties agree otherwise.
B, THANKSGIVINGIEASTER: In every year, the parties shall each have an equal
period of custody with the Child on both Thanksgiving Day and Easter Sunday to
correspond to each family's traditional dinner time. In the event of a dispute, the parties
shall alternate having custody of the Child during the first and second parts of the
holiday.
C. ALTERNATING HOLIDAYS: The Father shall have custody of the Child on
Memorial Day in odd numbered years and on July 4th and Labor Day in even numbered
years. The Mother shall have custody of the Child on Memorial Day in even numbered
years and on Labor Day and July 4th in odd numbered years. Notwithstanding the
foregoing, the Mother shall have custody of the Child on July 4th in every year in which
the Mother is on vacation with the Child over the 4th of July holiday.
D. MOTHER'S DA YI FATHER'S DAY: The Mother shall have custody of the Child
every year on Mother's Day and the Father shall have custody every year on Father's
Day.
E. TRICK-OR -TREAT NIGHT: Each party shall have an equal period of custody
with the Child during Trick-or- Treat Night in each year. The parties agree to attempt to
select a different Trick-or- Treat Night in separate municipalities if possible.
F. CHILD'S BIRTHDAY: Each party shall have custody of the Child for an equal
period ohime on the Child's birthday each year.
G. The holiday custody schedule shall supercede and take precedence over the regular
custody schedule.
6. Each party shall be entitled to have custody of the Child during two non-consecutive weeks
for vacation each year upon providing at least thirty (30) days advance notice to the other party.
7. Except as otherwise provided in this Order, the party relinquishing custody of the Child
shall be responsible to provide transportation for the exchange of custody.
8. This Order is entered pursuant to an agreement at a Custody Conciliation Conference. The
parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent,
the tenns of this Order shall control.
BY THE COURT
" .7.:
:: / CA1'~ I:; I/....f-.
Ed'gar B. Bayley I ' J.
ce: Lindsay Dare Baird, Esquire - Counsel for Father
Kimberly A, Markham, Mother
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-
KIMBERLY A. MARKHAM,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-6312
CIVIL TERM
BENJAMIN J MARKHAM,
Defendant/Petitioner
: CIVIL ACTION-LAW
: IN CUSTODY
PETITION TO ENFORCE CUSTODY ORDER
AND FOR CONTEMPT
NOW comes the petitioner, Benjamin J. Markham, by his attorney, Lindsay Dare
Baird, Esquire, and presents the following petition for modification of custody and avers
as follows:
1. Petitioner is Benjamin J. Markham, an adult individual residing at 19 McAllister
Church Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. Respondent is Kimberley A. Markham, an adult individual residing at 275
Folkstone Way, York, Pennsylvania 17402.
3. The parties are the natural parents of a minor child, namely, Joshua Tyler
Markham, age 8, born June 8, 1997.
4. On January 8, 2003, this Honorable Court issued a custody order regarding
the child. was issued. A true and correct copy of the Order is incorporated herein and
attached hereto as Exhibit "A".
5. Pursuant to that Order, the parties enjoy shared legal custody of the child,
Mother has primary physical custody and Father has certain specified periods of partial
physical custody.
6. Father and his wife are licensed foster parents.
7. On February 24, 2006, Mother refused to allow Father his period of custody
because he had a foster child in the home.
WHEREFORE, petitioner requests that the Court Order be enforced and
Respondent be found in contempt of Court.
/'
~'iui
. dsay Dare Bird, E uire
Attorney for Defendant/Petitioner
37 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5732
/
I verify that to the best of my knowledge and belief, the statements in the foregoing document
are true and correct. I understand that false statements herein are made subject to the penalties
of 18 PaCS S4904 relating to unsworn falsification to authorities.
:;;:?~/
,JAN 0 7 2003,\'1'
KIMBERLY A. MARKHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
98-6312
CNIL ACTION LAW
BENJAMIN J MARKHAM,
Defendant
IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley
ORDER OF THE COURT
AND NOW, this Y;&- day of ,-k..<~~ ' 2003, upon
consideration ofthe attached Custody Conciliation RePort, it is rdered and directed as follows:
1. The prior Orders of this Court dated December 28,1998, and January 22, 1999, are vacated
and replaced with this Order.
2. The Mother, Kimberly A. Markham, and the Father, Benjamin 1. Markham, shall have
shared legal custody of Joshua Tyler Markham, born June 8, 1997. 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.
3. The Mother shall have primary physical custody ofthe Child.
4. The Father shall have partial physical custody of the Child on alternating weekends from
Friday after work through Saturday at 5:00 p.m. and during the interim weekends from Saturday at
5:00 p.m. through the following Monday morning, when the Father shall take the Child to school or
summer camp. In the event that the Child does not have school or summer camp on a Monday, the
Father shall have custody ofthe Child until the Mother gets off work. The alternating weekend periods
of partial custody shall begin with the Father having custody of the Child during the first part of the
weekend beginning January 3,2003 and the Mother having the second half of the weekend beginning
on January 4, 2003. The Father shall be responsible to provide transportation for exchanges of custody
under this paragraph except when the Mother plans to be in the Father's local area at the times of
exchange, in which case the Mother shall provide the transportation. The parties shall make a good
faith effort to equally share transportation as much as possible.
EXHIBIT "A"
5. The parties shall share or alternate having custody of the Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which
shall begin on Christmas Eve at a time to be arranged by agreement of the parties and
shall end on Christmas Day at 2:00 p.m., and Segment B, which shall begin on
Christmas Day at 2:00 p.m. and continue through December 26 at a time to be arranged
by agreement of the parties. In 1998, the Father shall have custody of the Child during
Segment A and the Mother shall have custody of the Child during Segment B.
Thereafter, the parties shall alternate having custody of the child during Segment A and
Segment B unless the parties agree otherwise.
B. THANKSGIVlNG/EASTER: In every year, the parties shall each have an equal
period of custody with the Child on both Thanksgiving Day and Easter Sunday to
correspond to each family's traditional dinner time. In the event of a dispute, the parties
shall alternate having custody of the Child during the first and second parts of the
holiday.
C. ALTERNATING HOLIDAYS: The Father shall have custody of the Child on
Memorial Day in odd numbered years and on July 4th and Labor Day in even numbered
years. The Mother shall have custody of the Child on Memorial Day in even numbered
years and on Labor Day and July 4th in odd numbered years. Notwithstanding the
foregoing, the Mother shall have custody of the Child on July 4th in every year in which
the Mother is on vacation with the Child over the 4th of July holiday.
D. MOTHER'S DAYI FATHER'S DAY: The Mother shall have custody of the Child
every year on Mother's Day and the Father shall have custody every year on Father's
Day.
E. TRICK-OR -TREAT NIGHT: Each party shall have an equal period of custody
with the Child during Trick-or- Treat Night in each year. The parties agree to attempt to
select a different Trick-or-Treat Night in separate municipalities ifpossible.
F. CHILD'S BIRTHDAY: Each party shall have custody of the Child for an equal
period of time on the Child's birthday each year.
G. The holiday custody schedule shall supercede and take precedence over the regular
custody schedule.
6. Each party shall be entitled to have custody of the Child during two non-consecutive weeks
for vacation each year upon providing at least thirty (30) days advance notice to the other party.
7. Except as otherwise provided in this Order, the party relinquishing custody of the Child
shall be responsible to provide transportation for the exchange of custody.
8. This Order is entered pursuant to an agreement 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.
BY THE COURT
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cc: Lindsay Dare Baird, Esquire - Counsel for Father
Kimberly A. Markham, Mother
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KIMBERLY A. MARKHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
98-6312
CIVIL ACTION LAW
BENJAMIN J MARKHAM,
Defendant
IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Joshua Tyler Markham
June 8, 1997
Mother
2. A Concilation Conference was held on January 2, 2003, with the following individuals in
attendance: the Mother, Kimberly A. Markham, who was not represented by counsel at the conference,
and the Father, Benjamin J. Markham, with his counsel, Lindsay Dare Baird, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
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Date
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Dawn S. Sunday, Esquire
Custody Conciliator
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KIMBERLY A. MARKHAM,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
v.
NO. 98-6312
CIVIL TERM
BENJAMIN J MARKHAM,
DefendanUPetitioner
: CIVIL ACTION-LAW
: IN CUSTODY
AMENDED
PETITION TO ENFORCE CUSTODY ORDER
AND FOR CONTEMPT
(AMENDED TO INCLUDE MODIFICATION OF CUSTODY ORDER)
NOW comes the petitioner, Benjamin J. Markham, by his attorney, Lindsay Dare
Baird, Esquire, and presents the following amended petition for modification of custody
and avers as follows:
1. Petitioner is Benjamin J. Markham, filed the original Petition on March 1, 2006.
2. Petitioner desires the conciliator address modification of his current periods of
partial custody which was outside the scope of the March 1, 2006 Petition.
WHEREFORE, petitioner requests that the Petition To Enforce Custody Order
and For Contempt be amended to include modification of the custody order.
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j.Jndsay Dare Ba rd, Esquife .......
Attorney for De end ant/Petitioner
37 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5732
. I verify that to the best of my knowledge and belief, the statements in the foregoing document
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 PaCS 94904 relating to unsworn falsification to authorities.
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KIMBERLY A. MARKHAM
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
98-6312 CIVIL ACTION LA W
BENJAMIN J. MARKHAM
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW.
Wednesday, March 08, 2006
, upon consideration of the attached Complaint,
it is hereby directed that patiies and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator,
at_.__.}~West Main Street, Me.cha.!'icsl:lU~g..R~12tl.~~__ on _____...Inesd~r",Awil 04, 2006 at II :30 AM
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 detlnc 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 entry of a temporary or pcrrnanent 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 scheduled hearinl!.
FOR THE COURT.
By: ~L--.-.!2awn~Sunday.JJEf___--IPIf-..
Custody Conciliator f"
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infonnation about accessihle 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 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 VE 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 Bedj()fd Street
Carlisle, Pennsylvania 17013
Telephone (7 I 7) 249-3166
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KIMBERLY A. MARKHAM
Plaintiff
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IN THE COURT 0 F
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
98-6312
CIVIL ACTION LAW
BENJAMIN 1. MARKHAM
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this b day of ~ ' 2006,
consideration ofthe attached Custody Conciliation Report, it 1S ordered 'and directed as follows:
upon
1. The prior Order of this Court dated January 8, 2003 shall continue in effect as modified by
this Order.
2. The Father shall have partial physical custody of the Child every week from either Friday
through Saturday or Saturday through Sunday as arranged by agreement.
3. The parties shall equally share having custody of the Child during the summer, for which the
parties shall establish a schedule by agreement based on the Child's scheduled activities and the
parties' family schedules.
4. The parties shall share the responsibility for providing transportation for exchanges of
custody as arranged by agreement based on the circumstances.
5. 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.
BY THE COURT,
cc:~mberlY A. Markham, Mother
vK1ndsay Dare Baird, Esquire.. Counsel for Father
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KIMBERLY A. MARKHAM
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
98-6312
CIVIL ACTION LAW
BENJAMIN J. MARKHAM
Defendant
IN CUSTODY
Prior Judge: Edgar B. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Joshua Tyler Markham
June 8, 1997
Mother
2. A custody conciliation conference was held on March 31, 2006, with the following
individuals in attendance: The Mother, Kimberly A. Markham, who is not represented by counsel in
this matter, and the Father, Benjamin J. Markham, with his counsel, Lindsay Dare Baird, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
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Date
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D'{;!~
Custody Conciliator