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Carlisle Area School District 623 West Penn Street Carlisle, PA 17013
Kindergarten Progress Report
Semnd.'Ihird. Fourth \larking 12riods
Shtdenh s I1.17 Tnar•.hnr• ' ? I
Throughout the school year your child is learning to get along with others, to explore the world around him or her, and to expand his or her
knowledge, interests and language. This progress report is an opportunity to share with you how your child is doing in these situations. Not
all children are ready to develop these areas fully:u this time.
7 A / indicates an area is developing appropriately.
Number of days absent: .1 2 0 No mark indicates it has not been introduced at this time.
Times late for school: " = --U-- An X indicates additional practice or development is needed.
Social & Emotional Development Mathematics
Development
Demonstrates large muwle control (mmming, skipping)
Demonsrates small muscle control (pencils. crayons, scissors)
Uses small materials (blocks, puzAcs, heads)
Follows tell to right order
/ I / I I I I. Days of the week
2. Birth date
.l I. V / 3. Telephonenumber
r` X ? 4. Address
Wor k Ha bits
/ I. Works independently
2. Works without being distracted
/ 3. Participates in activities
4. Demonstrates good clean-up habits
5. Makes good use of free time
6. Follows directions
7. Completes work on time
/ R. Works neatly and carefully
Reads these color
Pa)a attention when others are talking
Shares and take, turns with elnsanates
Is developingselfconlidence
Is developing responsibility
Obsmvca classroom ales
Takes care ofmatcrials and
personal l clongings
Is hclpfid and kind to others
Is making friends
Demonstrates scrcontml
c f g it i I k I In it
?c tl f g h j k l nt n
Your child recognizes these shapes:
0 A? d
Teacher comments:
ll1
/ I
I/
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1. Counts objects (1:1)
2. Identifies patlems
3 Creates patients
1. Is able to make comparisons
(bignittle, more less)
S. Rem gt ` s Numerals
0, I, 2, 3, 4, 5, 6, 7, R, 9,
I I, 12, 13, 14, I5, I6, 17, IR, I9, 20
21, 22, 23, 24, 25, 26, 27, 2R, 29, 30 t 31
c.
i. Makes sets of I .,! Imo- rbn
I. Counts to 5 r 7 JO YD
Creative Ex ression
/ 1. Takes pan in musical activities
2. Takes part in art activities
Language Development
/ / 1. Uses good sentence structure
2. Expresses ideas clearly
3. Sees likenesses and diflurences
Prints lint nanic
5. Prints last nante
/ 6. Puts pictures in sequence
/ / 7. Identities rhyming words
R. Shows an interest in books
/ 9. Associates sounds w91h letters
/?,J 10. Dcttloping sight s•txnbulary t r
V
r 1.
S T W X Y Z
r s t it v vv x v r
Placement for next vcar Ire, 1?
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.......n ... M :FK _ _ _
De- fend an ?77 3 ;?dD NOV., th4S 14th d, a." Ot =.Dr:1 U 3, L..1S matter
having been called on a petit=on to hold defendant _a. contempt
for failure to orovlde Alai..n.tlft `aith Jatmyne from Thursday
evening, March 27th, through Sat-rdav evening, Narch 29th, and
flridIAg that defendant failed to OrOV.de the child to plaintiff
as required under the custody order of March 12, 2001, 1
adjudicate defendant in contempt.
The two days shall be made up from Friday evening,
April 16, 2003, to Sunday evening, April 20, 2003. So on
Plaintiff's upcoming weekend, which ':!ould normally be from
Thursday evening, April i7th, to Friday evening, April 12th,
that weekend shall be e.xrended from Thursday evening, April
17th, through Sunday evening, ?;aril 20th.
The petition to modify the order on this current
motion, T_S DENIED. The petition for modification shall be held
as scheduled before a conciliator on Hay 9 2003.
3y the.Court,-
Edgar B. 3ay`le.1, J.
ara W. FaggertV, EScuir=
For ?la'_P.tlf f •. _ ,. - : • L.7.
McLiSa Markham
49 1/2 W. 5_qh Street
Carlisle, ?A 17013 EXHIBIT
S:7e1r_-'
DAVID J. MARKI IAM.
Plaintiff
McLISA A. WIESNIESKL:
Defendant
IN TI IF COURT OP COMMON PLEAS OF
CUMBERLAND COUNTY. PE-NNSYLVANIA
CIVIL ACTION - LAW
NO. 99-6773 CIVII. TC?RM
ORDER OI: COURT
AND NOW, this 16'x' day ol'June. 2003. a continuation ol'the hearing previously
held in the above matter is scheduled for Thursday, August 7, 2003, at 9:30 a.m., in
Courtroom No. I, Cumberland County Courthouse. 0111-llSle. Pennsylvania.
BY TI IL COURT.
Kara Haggerty. Esq.
Attorney for Plaintiff
Michael J. Whare, Esq.
Attorney flor Defendant
L -1 -03
:rc
DAVID J. MARKHAM,
PLAINTIFF
V.
McLISA A. WISNIEWSKI,
DEFENDANT
AND NOW, this
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-6773 CIVIL TERM
ORDER OF COURT
day of June, 2003, the case is reassigned to
Judge Oler for which a hearing shall be conducted at 1:30 p.m., Wednesday, June 11,
2003, in Courtroom Number 1.
By the Court,'
Edgar B. Bayley, J.-
Kara Haggerty, Esquire
For Plaintiff
Michael J. Whare, Esquire
For Defendant
3 63
Judge Oler
Court Administrator
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MAY 1 3 2003 W
DAVID.I, MARKHAM, IN 'I'llF. COURT OI COAIAION PLEAS OF
Plaintiff C(IM131:RL:\NU COUNTY, I'I?NNSVLVA\IA
CIVIL ACTION - L:\W
McIASAA.\1'ISNIEWSKI, \0.99-6773 CIVIL.
(formerly Alc'LISA A. Markham) IN CUSTODY
Defendant
COURT ORDF,R
ANI) NOW, this I?dav of May, 2003, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County
Courthouse on the 11,11 day of 'i^-Q 2003, at
_ 3p M. at which time testim ny will be taken in the above case.
Al this hearing, the Father, David .1. Markham, shall be the moving party
and shall proceed initially with testimony. Counsel for the parties or the
parties themselves if they do not have counsel shall file with the court a
memorandum setting forth the history of custody in this case, the issues
currently before the court, a list of witnesses who will be called to testify at the
hearing, and a summary of the anticipated testimony of each witness. This
memorandum shall be filed at least five days prior to the mentioned hearing
date.
2. Pending further order of this court, this court's prior order of March 12,
2001, as modified by order of April 14, 2003, shall remain in effect.
1
13Y THE COURT, j
Edgar 13. Bayley
cc: /Kara W. Haggerty, Esquire
/AleLisa Wisnicwski C°
49 1/2 W. High Street, Apt. 2F lll...•???--...????
Carlisle, PA 17013
5-1'l
y?
DAVIDJ.MARKHAM,
Plaintiff
McLISA A. NVISNIENNISK1,
(formerly McLisa A. Markham)
Defendant
Prior.ludge: Edgar 13. Bayley
: IN'1'IIF. COI!R'1' Or COi\1JION 1'LI:AS Or
CUM131:ItI.:%ND C'OIIN'1'1', 1'I?;NNS1'LVANIA
CIVIL ACTION - LA11'
NO.99-6773 CIVI1.
IN CUSTODY
CONCILIATION CONFERENCE SUMMARI' REPORT
IN ACCORDANCE WITH THE CUDIBEIZLAND COUNTY CIVIL, RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. 'File pertinent information pertaining to the child who is the sulkiect of this litigation
is as follows:
Jazinyne L. Markham, born December 17, 1996.
2. A Conciliation Conference was held on May 9, 2003, with the following individuals in
attendance:
'rhe Mother, McLisa A. Wisniewski, who appeared without counsel; and the rather,
David J. Markham, with his counsel, Kara W. Ilaggerty, Esquire.
3. Father has petitioned to inodify custody from the existing order which provides
1lother with priman• custody and rather having visitation oil weekends and at other
times. Father is asserting a variety or reasons for this desired change. Mother is
unwilling to deliver primary custody of the child to Father. Accordingly, a hearing is
required. Although Father has sonne minor issues that could be adiusted in the
existing order, the conciliator feels all the issues need to be addressed at a hearing.
d. The conciliator recommends the entry of all order in the form as attached.
-rldo 3
DATE
a v1--7)
Hubert X. Gih•ol Esquire
Cuslodw Concil' for
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DAVID .I. MARI:I1 \\I.
I'Iaintill
:IN I ill? cot,1ZT OF C'O\I\ION PLFAS OF
: CI,!M1 1?RLAND ('OI !N FY. PI?NNSYLVANIrA
No. 99-677?
Mcl,ISr\:A. \Vil'.SNII SICI.
Del'cnclant
IN ('US I ODY
CUSTODY MEMORANDUM
Defendant. McLisa A. \Viesnieski. by and through her autmio. Michael I. Whare.
Esquire. hereby submits her CLISIMh' Memorandum pursu:ua to Rule 39-191 (b)(S) of the Local
RUICSOI'CiVil Procedure.
1. FACTUAL BACKGROUND:
The parties in this matter are McLisa ,%. Wiesnieski. (hereinafter referenced as " \lother'").
who resides at 49'b West I IiC_h Strect. Carlisle. Cumberland C'ounh. Pennsylvania. 17013 and
David.1. Nlarkh:un (hereinafter referenced as "Father'). \cho resides at 60 Faith Circle. Carlisle.
Cumberland County. Pennsylvania. Father and :Mother are the natural parents of one child.
.larmcnc Lce Markham. born December 17. 1996.
There ?cas a Custody Order entered in the case on March 12, 2001. (Attached as Exhibit
..A").
IL NAiME.S AND AGES OF I'I11: CHILDREN:
.larm\ne Lcc Markham. 6\ cars old
Ill. PROPOSED ORDER lqm RI•:SOl.lt'I'10\:
Mother would have primary physical custo(ly of the child. with shared legal custculy in
both parents. Father would have partial periods of'visitation as agreed upon by the parties.
IV. NANIF.S AND ADDRESSES OF FACTUAL WITNESSES:
1. Conde ,NI. Nlarl;hnm - Sister of I'leintifflvill testify to the relationship of'Defendant
and Plaintill'with the child.
2. Christopher \I. Nisniewski - Husband of Defendant will testily to the interaction of
Nlother and the minor child.
V. NAiNIES AND ADDRESSES OI' I.XPI:R'1' WI'1'NF.SSI:S:
At this time. Mother does not propose to call any expert witnesses. She does reserve the
right to supplement this list ol'witnesses as necessary.
VI. LEGAL AND FACTUAL ISSUES FOR RESOLUTION:
There are no unique legal issues. and the Court will he called upon to determine which
parent would be best suited to provide the primary physical care lilt the child.
VI1. ESI'INIA'rum LENGTH OF TRIAL:
One halI'day.
Vl11. NEED FOR A I10\IE STUDY:
'lother does not request a home study at this time but (foes reserve the right to request
one ii'the need for one becomes apparent.
IX. NI?I:D IYNt A PSN'('IIOLOGI(',kL
'lother does not request one at this time but reserves the right to request one il'the need
for one becomes apparent. i:urther. should this Court alter hearing determine that such it
evaluation is required to make it linal determination. \lothcr would be reach. ?cillims and able to
cooperate hilly.
Dale; luue 1 1.300?
Respectfully submitted.
RO\IIIYGI:R S BAYLEY
\lichael.l. Whare, Isquirc
15 5 South I lanover Street
Carlisle. PA 17013
(717) 341-6070
Supreme Court ID ,iS9038
Attorney for Delendant
DAV11).1. NIARKIIAN1.
I'laintill,
IN TI Ili C'OIIRT OF C0\1\ION PLEAS 01'
CUMBERLAND C'011MY. PENNSYLVANIA
No. 99-6773
\,IcIJSA A. 1VIESNII:SKI.
Dclcndant
IN CUSTODY
CERTIFICATE OF SERVIC'F
1. Michael J. Whare. Esquire.attorney fior Ihlcndant. do herebycerlily that I this clay,
served a copy of the C!/sto((I' Jlenmraedum upon the I'ollotein?g x,in 1,,ir
Karen I laggcrh% Esquire
S S. lianocer Strcet. Suite 204
Carlisle. PA 17013
Pas No: 2490344
i
j t
Dated: June 11. 2003
Michael J. %Vhare. Fsquirc
Attorney Ibr Dclcndant
DAVID.I. \IARKI LAM. : IN I 111; C'Ot Ri OI COMMON I'L1{AS OF
I'laintill' : Cl \IRIiRI.AND C OUN FY. ITNNSYLVANIA
No. 99-677
NleLISA A. \\'[I SNII:SKI.
Delitda nt : IN CUSTODY
VERIFICATION
NHC'I 11\1:1. .1. \\`I IARF. FSQUIRF. states that he is the attornec fiir Defendant in this
action: that he makes this atlida\ it as attornec because he has sufticient kno%?iedge or
infiirmation and belief. based upon his incesti_ation nl'the matters liverred or denial in the
foreeoing document: and that this statement is made SuNect to the penalties of 18 Pa. C.S.
Pa.C.S. §4904. relating to unsworn I;dsilication to authorities.
Date: .late 11. 2003
Michael .I. Whare. Iisquire
Atlortc\' fur Defendant
rl `'
N TI 111-COURT OF CONfIVION PLLAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID.J. INIARICHAiNI,
Plaintiff
Y.
McLISA A. NIARKHAM,
Defendant
: No. 99-6773 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW. this U_ clay of Mc, i-A
_001, upon presentation of the
attached Stipulation for Entry of Custody Order, IT IS HEREBY ORDERED AND DECREED
that custody of the minor child, JAZMYNE L. MARKHAM, born December 17, 1996, is awarded
as follows:
The parents shall share legal custody of their child, JAZMYNE.
2. MOTHER shall have primary physical custody of the minor child.
FATHER shall have partial physical custody of the minor child on alternate weekends
from Thursday at 6:00 P.M. until Monday at 6:00 p.m. beginning March 1, 2001; and on alternate
Thursdays at 6:00 P.M. until Friday at 6:00 p.m. beginning March 8, 2001.
4. MOTHER and FATHER shall each have two (2) consecutive uninterrupted weeks of
summer custody with the minor child each year. The parents shall give each other thirty (30) days
written notice of their chosen weeks for summer custody. In the event that both parents choose the
same weeks, the parent who gives first notice shall prevail.
5. The holidays of New Year's Day, Memorial Day, the Fourth of July and Labor Day shall
be altcni:ucd between the parents each year, regardless ofdte usual schedule. The hours shal I be from
6:00 p.m. the evening before the hol iday und16:00 p.m. on the holiday, except that consideration shall
be given lbr special instances such as fireworks.
In 2000 and in all even years thereafter, FATI IER shall have New Year's Day and the Fourth
of July and MOTHER shall have Memorial Day and Labor Day.
In 2001 and in all odd years thereafter. MOTHER shall have New Year's Day and the Fourth
of July and FATHER shall have Memorial Day and Labor Day.
6. The parents shall alternate the holidays of Easter and Thanksgiving each year, regardless
of the usual schedule. The hours shall be from 6:00 p.m. the evening before the holiday until 6:00
p.m. on the holiday. '
In 2000 and in all even years thereafter. FATHER shall have Easter and MOTHER shall have
Thanksgiving.
In 2001 and in all odd years thereafter, MOTHER shall have Easter and FATHER shall have
Thanksgiving.
The Christmas holiday shall be divided into two (2) segments. Segment "A" shall be
from noon on Christmas Eve until noon on Christmas Day. Segment "B" shall be from noon on
Chris!mas Day until noon on Decc. re: ?5`^.
In 2000 and in all even years thereafter. FATI4ER shall have Segment "A" and MOTHER
shall have Segment **B".
In 2001 and in all odd years thereafter, MOTHERshall have Segment "A" and FATHERshall
have Segment -13".
.8. MOTHER shall have the minor child on Mother's Day and FATHER shall have the
'A
minor child on Father's Day, regardless of the usual schedule. These hours shall be from 6:00 p.m.
the Snufrday before the holiday until 6:00 p.m. the day of the holiday.
?• Both parents shall have the oppo tunity to see the minor child mt her !)irthday,
December I7"
10. The schedules forall holidays, special occasions and vacations shall take priority over
the usual alternating weekend schedule.
H. Whichever parent is receiving custody shall provide the transportation.
12. Neither parent shall abuse alcohol in the presence of the child nor use illegal drugs. The
parents shall make every effort to ensure [lint third parties refrain from abusing alcohol or using illegal
drugs while in the presence of the child.
13. There shall be reasonable telephone access between the child and both parents. The
child shall be permitted reasonable telephone access to place calls to her parents.
14. MOTHER shall claim the child as an exemption on her income tax returns for 2000
and in all years thereafter.
15. Both parents agree that, by their mutual consent, a modified schedule may be agreed
upon between them for and in the best interests of their minor child.
16. By mutual consent of the parents, a modified schedule may be agreed upon between
them for and in the best interests of thrtr minor child
17. This Order shall replace and supercede any and all prior Custody Orders, and shall
remain in full force and effect until further Order of Court.
? i?a? JI bal, I, •]L?il CI 1 rlisla fJ.
Th' .•.... ly eF....l..; ., ?,Cl..
T22?O.t,.; ?lI.7J
BY THE COURT:
Honorable Edgar B. Bayley
Order on the date indicated below.
Date Witness; McLISA A. MARKHANI
Il/
Date itn AVID J. l ARKftAM
JUN 1 1 2003 V
DAVID J. \4ARKl IANL : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CIA IBERLAND COUNTY, PENNSYLVANIA
No. 99-6773
V.
McLISA A. VIESNIESKI.
Defendant : IN CUSTODY
CUSTODY NIENIORAN'DUM
Defendant. Mel-isa A. \Viesnieski, by and through her attorney. Michael J. Whare.
Esquire, hereby submits her Custody Memorandtun pursuant to Rule 39-1916 (b)(S) of the Local
Rules of Civil Procedure.
1. FACTUAL BACKGROUND:
"file parties in this matter are McLisa A. Viesnieski, (hereinafter referenced as -Mother'),
who resides at 49'/ Vest I ligh Street. Carlisle. Cumberland County. Pennsylvania, 17013 and
David J. Markham (hereinafter referenced as `'Father'), who resides at 60 Faith Circle, Carlisle,
Cumberland County. Pennsylvania. Father and Mother are the natural parents of one child.
Jazmyne Lee Markham. born December 17. 1996.
There was a Custody Order entered in the case on March 12. 2001. (Attached as Exhibit
.:A").
If. NAMES AND AGES OF THr CHILDREN:
Jazmyne Lee Nlarkham. 6cears old
111. PROPOSF.U ORUI:R I?OR ILESOhII'I'ION:
Mother would have primary physical custody of the child, with shared legal custody in
both parents. Father would have partial periods of visitation as agreed upon by the parties.
IV. NAMES AND ADDRESSES OF FACTUAL. WITNESSES:
1. Cynde M. Markham - Sister of Plaintiff will testify to the relationship of Defendant
and Plaintiff with the child.
2. Christopher \d. Wisnicwski - Flusband of Delenclant will testily to the interaction of
Mother and the minor child.
V. NAMES AND ADDRESSES OF EXPERT WITNESSES:
At this time. Mother does not propose to call mty expert witnesses. She does reserve the
right to supplement this list of witnesses as necessary.
VI. LEGAL AND FACTUAL ISSUES FOR RESOLUTLON:
There are no unique legal issues, and the Court will be called upon to detennine which
parent would be best suited to provide the primary physical care for the child.
VII. ES'T'IMATED LENGTH OF TRIAL:
One hall day.
Vin. NEED FOR A HOME STUDY:
Mother does not request a home study at this time but floes reserve the right to request
one i f the need for one becomes apparent.
I\. NEED FOR A PSYCHOLOGICAL EVALUATION:
Mother does not request one at this time but reserves the right to request one if the need
for one becomes apparent. Further, should this Court after hearing determine that such a
evaluation is required to make a final determination. Mother would be ready, willing and able to
cooperate fully.
Date: June 1 1.2003
Respectfully submitted.
ROMINGER S BAYLEY
'!:
Michael J. Whare, Esquire
155 South Hanover Street
Carlisle. PA 17013
(717) 241-6070
Supreme Court ID n89023
Attorney for Defendant
DAVID J. MARKI IA\I.
Plaintiff
IN TIII? COURT OF COMMON PLEAS OF
CUMBERLAND COUN-FY. PENNSYLVANIA
No. 99-6773
McLISA A. WIESNIESKL
Detendant
IN CUs"fODY
CERTIFICATE OF SERVICE
1, Michael J. Whare, Esquire, attorney for Defendant. do hereby certify that I this day
served a copy of the Custodj- Memorandum upon the following via fax:
Karen Haggerty, Esquire
3 S. Hanover Street, Suite 204
Carlisle. PA 17013
Fax No: 349-3344
Michael J. Whare. Esquire
Attorney for Defendant
Dated: Jtine 11.3003
f
DAVID J. MARKI IANL : IN THE COURT OI: COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA
No. 99-6773
V.
NIeLISA A. WIESNIESKI,
Delcnclant : IN CUSTODY
VERIFICATION
MICHAEI. J. WIiARE. ESQUIRE, states that he is the attorney for Defendant in this
action: that he makes this affidavit as attorney because he has sufficient knowled_e or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties o f f 8 Pa. C.S.
Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: June 11, 2003
Michael J. Whare, Esquire
Attorney for Defendant
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N THE"COURT OF CO?vfiVfON PLEAS OF CUNIBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID.J. iIIARICHANT,
Plaintiff
11.
NIcLfSA A. tV1ARK -lAbJ,
Defendant
No. 99-6773 CIVIL TERiNI
IN CUSTODY
ORDER OF COURT
AND NOW. this - day of n ( -CR Y , ?001, upon presentatirn of the
attached Stipulation for Entry of Custody Order. IT IS HEREBY ORDERED AND DECREED
that custody ofthe minor child, JAZMYNE L. MARKHAM, born December 17, 1996, is awarded
as follows:
The parents shall share legal custody of their child, JAZMYNE.
2. MOTHER shall have primary physical custody of the minor child.
FATHER shall have partial physical custody of the minor child on alternate weekends
from Thursday at 6:00 p.m. until Monday at 6:00 p.m. beginning March 1, 2001; and on alternate
Thursday's at 6:00 p.m. until Friday at 6:00 p.m. beginning tblarch 8, 2001.
4. MOTHER and FATHER shall each have two (2) consecutive uninterrupted weeks of
summer custody with the minor child each year. The parents shall give each other thirty (30) days
written notice of their chosen weeks for summer custody. In the event that both parents choose the
same weeks, the parent who gives first notice shall prevail.
5. Tile holidays of New Year's Day, Memorial Day, the Fourth of July and Labor Day shall
,-. k 411j6 d IPA
be aIteniated between the parentseach year, regardless ofthe usual schedule. The hours shall be from
6:00 p.m. theevening before the holiday unti16:00p.m. on the holiday, except that consideration shall
be given for special instances such as fireworks.
In 2000 and in all even years thereafter, FATHER shall have New Year's Day and the Fourth
of Jttly and MOTHER shall have Memorial Day and Labor Day.
In 2001 and in all odd years thereafter. MOTHER shall have New Year's Day and the Fourth
of July and FATHER shall have Memorial Day and Labor Day.
6. The parents shall alternate the holidays of Easter and Thanksgiving each year, regardless
of the usual schedule. The hours shall be from 6:00 p.m. the evening before the holiday until 6:00
p.m. on the holiday.
In 2000 and in all even years thereafter. FATHER shall have Easter and MOTHER shall have
Thanksgiving.
In 2001 and in all odd years thereatter, MOTHER shall have Easter and FATHER shall have
Thanksgiving.
The Christmas holiday shalt be divided into two (2) segments. Segment "A" shall be
from noon on Christmas Eve until noon on Christmas Day. Segment "B" shall be from noon on
Christmas Day until noon on D-ce?cer 26c°.
In 2000 and in all even years thereafter. FATHER shall have Segment "A" and MOTHER
shall have Segment "B".
In 2001 and in all odd years thereafter, MOTHERshall have Segment "A" and FATHER shall
have Segment " B".
S. MOTHER shall have the minor child on Mother's Day and FATHER shall have the
minor child on Father's Day, regardless of the usual schedule. These hours shall be from 6:00 p.m.
the Saturday before the holiday until 6:00 p.m. the day of the holiday.
9. Both parents shall have the opp ntinity to see the minor child nn her birthday,
December 17".
10. The schedules for all holidays, special occasions and vacations shall take priority over
the usual alternating weekend schedule.
11. Whichever parent is receiving custody shall provide the transportation.
12. Neither parent shall abuse alcohol in the presence of the child nor use illeealdrues.The
parents shall make every effort to ensure that third parties refrain from abusing alcohol or using illc;al
drugs while in the presence of the child.
13. There shall be reasonable telephone access between the child and both parents. The
child shall be permitted reasonable telephone access to place calls to her parents.
14. MOTHER shall claim the child as an exemption on her income tax returns for 2000
and in all years thereafter.
15. Both parents agree that, by their mutual consent, a modified schedule may be agreed
upon between them for and in the best interests of their minor child.
16. By mutual consent of the parents, a modified schedule may be agreed upon between
them for and in the best interests of their minor child
17. This Order shall replace and supercede any and all prior Custody Orders, and shall
remain in full force and effect until further Order of Court.
and s"a! u; :ai !;'Dort of rlisle, ?_.
.... ??, ef...:?...:.... eV
Th
-..1.01 dD
Prothenctary
BY THE COURT:
Hanorabl Edgar B. Bayley
Order on the date indicated below.
til L• t
Date
Witness;
McLISA A. MARKHAiY1
3.1.01
Date
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AVID J. RKHAM
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77-
DAVID J. MARI:HAM, IN TFII. COURT OF COMMON PIA"AS
Plaintiff CUi\II313RL:\ND COUNTY P;\
V. NO. 99-6773 CIVIL TERAI
McLISA A. WISNII3WSKI, CIVIL ACTION - LAW
(formerly 'McLisa A. Markham)
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of
2003, upon consideration of
the Plaintiff's iMotion In Ilmine it is hereby Ordered that all evidence or testimony by
any witnesses by or on behalf of the Defendant in this matter shall be excluded.
The Defendant is Ordered to pay Plaintiff's reasonable attorney's fees
associated with preparing the Plaintiff's \Iodon In I1i»ine and for costs associated
with preparation of today's scheduled'frial. Plaintiff is Ordered to submit to 'f'lux
Court a bill oudining attorney's fees within days.
BY THE. COURT,
y \ti?
DAVID J.:MARKHAM,
Plaintiff
v.
McLISA A. WISNIF"WSlil,
(formerly McLisa A. Markham)
Defendant
IN'I'I II. LOUR"I' OI' CO.AIp[ON PL[-,':\S
CU:MIWRLAND COUN'T'Y PA
NO. 99-6773 C1V11.'1'HRM
CIVIL ACTION - LA W
IN CUSTODY
MOTION IN LIMINE TO EXCLUDE EVIDENCE AND TESTIMONY
OFFERED BY OR ON BEHALF OF DEFENDANT FOR FAILURE TO
COMPLY WITH CUMBERLAND COUNTY RULES OF PROCEDURE
AND ORDER OF COURT
AND NOW, this I I th day of June, 2003, comes the Petitioner, David
Markham, by and through his counsel, Kara W. Haggerty, Esquire, of A130n1 &
Ku rui-m<Is, L.L.R, and respectfully files this :Motion in Limine pursuant to C.C.R.R
1915.3-4, and in support thereof avers the following:
1. The Plaintiff filed a petition to Modify Custody on March 28, 2003.
2. A custody conciliation conference was held on May 9, 3003, at which time this
matter was referred to'1'his Honorable Court for a hearing.
3. By Order of Court dated May 15, 2003, counsel for the parties or the party
themselves were ordered to file With the court it memorandum setting forth the
history of custody in this case, the issues currently before the court, a list of
witnesses who will be called to testify at the hearing, and a summary of the
anticipated testimony of each witness.
4. Cumberland COMM RUles of I'I'OCL'tlLirl', Rule 1915.3-4, requires each party to
provide the cOUrr with a list of all fact witnesses, a list of all expert witnesses,
issue. for resolution, estimated length of trial, am, reports from appropriate
agencies, and an%. reports of experts intended to be called as witnesses.
5. Undersigned counsel provided This Honorable Court with a trial memorandum
on behalf of the plaintiff that included all information required by C.C.R.R
1915.3-4.
6. Undersigned counsel has not been served with a Praccipe to Enter Appearance
by any attornch.
7. Undersigned counsel noticed Michael Whare, f?squiW'S, name on Judge B:iylcy's
order of recusal.
S. Undersigned counsel made attempts to contact Attorney Whare via telephone.
9. To (,late, Attorney. Wharc has not contacted undersigned counsel.
IO.At the time of the submission of Plaintiff's trial memorandum; therefore,
Plaintiff's trial mcmoranclum was served on the Defendant directly.
11.'1o date, undersigned counsel has not received a trial memorandum from the
Defendant.
12. Plaintiff has incurred numerous attorney's fees in preparing for this trial, to
include preparation of the trial memorandum, as well as in preparing this
motion to be tiled with the court.
13.11ursuant to C.C.R.P 1915.3-4, failure to produce the information requested
prior to trial for the court, has prejudiced the Plaintiff and placed Plaintiff at a
disadvantage and therefore Should operate as a bar to the admission of
Defendant's evidence and/or witnesses at trial.
WHEREFORE, the Plaintiff respectfull%• rcyucsts This I lonorable Court to
t
11
exclude all evidence or testimom' b? anJ aitncsses by or on behalf of the DeCend;I
in this matter. The Plaintiff further rcqucsts'I'his Honorable Court to order
Defendant to pat' Plaintiff's reasonable attorney's fees associated with preparing this
pleading. It is further requested that, should This Honorable Court order a
continuance, it is prayed that attorney's fees should be assessecl against the Defendant
for costs associated with preparation of Today °s scheduled trial.
Respectfully submitted,
Ano11&: Kuruitmis, L.L.P
Kart W. Hat crt}?I :: quire
8 South Hanover Street, Suitc 304
Carlisle, Pcnnstlvania 17013
(717) 249-0900
Attorney for Plaintiff
ID #86914
CERTIFICATE OF SERVICE
AND NOVI this I P" day of dune, 2003, I, Kart \V. Flaggcrty, I"squire, hereby
certify that I did serve a true and correct copy of the foregoing MOTION IN
LIMINE TO EXCLUDE EVIDENCE AND TESTIMONY OFFERED BY
OR ON BEHALF OF DEFENDANT FOR FAILURE TO COMPLY WITH
CUMBERLAND COUNTY RULES OF PROCEDURE AND ORDER OF
COURT upon the Respondent by deposiring, or causing to be deposited, same in the
U.S. mail, First-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
tMel-isa.{arkham
49'/2W I-ligh Street
Carlisle, PA 17013
Michael Whare, Esquire
Rominger & Bayley
153 S. Ffanover Street
Carlisle, PA 17013
Kara \V I-laggcrty
Attorney for Plaintiff
DAVID J. \L\RKHAM, IN TFIE COURT OF COMMON PLEAS
Plaintiff CUDIBEIU.AND COUN-IY P_\
. NO. 99-6773 CIVIL TERM
McLISA A. WISNIEWSKI, CIVIL ACTION - LAW
(formerly DleLisa A. Markham)
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of
2003, upon consideration of
the Plaintiff's Motion In Linfine it is hereby Ordered that all evidence or testimony by
any witnesses by or on behalf of the Defendant in this matter shall be excluded.
The Defendant is Ordered to pay Plaintiff's reasonable attorney's fees
associated with preparing the Plaintiff's 1\4otion LJ Linrhie and for costs associated
with preparation of today's scheduled 'trial. Plaintiff is Ordered to submit to This
Court a bill outlining attorney's fees within days.
BY THE COURT,
1?
Dt\? ID J. iVL\RK1-LAM,
Plaintiff
V.
IN 'I'I-IE COURT OP COMMON PLEAS
CU,AIBERLAND COUNTY, PA
NO. 99-6773 CIVIL TEM
McLIS\ A. %XIISNIEWSKI, CIY7IL ACTION - LAW
(formerly McLisa A. Markham)
Defendant IN CUSTODY
MOTION IN LIMINE TO EXCLUDE EVIDENCE AND
OFFERED BY OR ON BEHALF OF DEFENDANT FOR
COMPLY WITH CUMBERLAND COUNTY RULES OF I
AND ORDER OF COURT
AND NOW, this I1th day of June, 2003, comes the Petitioner, David
Markham, by and through his counsel, Kara W. Haggerty, Esquire, of ABOM &
KUTULt11:Is, L.L.P., and respectfully files this Motion in Limine pursuant to C.C.R.R
L915.3-4, and in support thereof avers the following:
L. The Plaintiff filed a Petition to lfodify Custody on `larch 28, 2003.
2. A custody conciliation conference was held on May 9, 2003, at which time this
matter was referred to This Honorable Court fora hearing.
3. By Order of Court dated May 15, 2003, counsel for the parties or the party
themselves were ordered to file with the court a memorandum setting forth the
history of custody in this case, the issues currently before the court, a list of
witnesses who will be called to testify at the hearing, and a summary of the
anticipated testimony of each witness.
4. Cumberland County Rides of Procedure, Rule 1915.3-4, requires each party to
provide the court with a list of all fact witnesses, a list of all expert witnesses,
issLIC., for resolution, estim;ued length of trial, any reports front appropriate
agencies, and any reports of experts inrended to be called as wines.,Cs.
5. Undersigned counsel provided 'Chi., 1-lonorablc Court with a trial memorandum
on behalf of the Plaintiff that included all information rcyuired by C.C.R.P.
1915.3--1.
6. Undersigned counsel has not been served with a Praccipe to Lnter Appearance
by sun• attorney.
7. Undcrsimncd counsel noticed %lichaCI V"Ihil•c, Fsquire's, name on Judge Bavlcy's
order of recusal.
8. Undersigned counsel made attempts to contact Attorney Whare via telephone.
9. To date, Attorney Whare has not cnntatctel undersigned counsel.
10. At the time of the submission of Plaintiff's trial memorandum; therefore,
Plaintiff's trial memorandum was served on rile Defendant directly.
11.'110 date, undersigned counsel bas not received a trial memorandum from the
Defendant.
12. Plaintiff has incurred numerous attorney's fees in preparing for this trial, to
include preparation of the trial memorandum, as well as in preparing this
motion to be filed with the court.
B. Pursuant to C.C.R.R 1915.3-4, failure to produce the information requested
prior to trial for the court, has prejudiced the Plaintiff and placed plaintiff at a
disadvantage and therefore should operate as a bar to the admission of
Defendant's evidence and/or witnesses at trial.
`.'I
WHEREFORE, the Plaintiff respectfullt• rcqucstS This Honorable Court to
exclude all evidence or te,timom' by any witnesses by or on behalf of the Defendant
in this matter. The Plaintiff further rcqucstS This Honorable Court to order
Defendant to pay Plaintiffs reasonable attorn(!'S fees associated «ith preparing this
pleading. It is further requested that, should This 1-[onorable Court order a
continuance, it is prayed that attorney's fees Should be assessed against the Defendant
for costs associated with preparation of today;, scheduled trial.
Respectfully. Submitted,
DAZE r v ! i C- S
Aa0m & KumjIas, L.L.P
?? cU-b. 4qy C.l /-zKara W. Haggerty,! luire
S South Hanover Street, Suite 204
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for Plaintiff
ID #86914
.m
1:
CERTIFICATE OF SERVICE
AND NOV,, this I I''. day of junc, 3003, I, Kara W. 1-laggerty, Esquire, hcrebv
certiR, that I did serve a true and correct copy of the foregoing MOTION IN
LIMINE TO EXCLUDE EVIDENCE AND TESTIMONY OFFERED BY
OR ON BEHALF OF DEFENDANT FOR FAILURE TO COMPLY WITH
CUMBERLAND COUNTY RULES OF PROCEDURE AND ORDER OF
COURT upon the Respondent by depositing, or causing to be deposited, Same in the
U.S. mail, First-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
McLisa Markham
49 '/ W. 1-ligh Street
Carlisle, PA 17013
Dlichael Whare, Esquire
Rominger & Baylcv
155 S. Flanover Street
Carlisle, PA 17013
Kara W Flaggerty J
Attorney for Plaintiff
DAVID J. NL\11KHAM, IN TFIL COURT OF CO\[.MON PLEAS
Plaintiff CUMBERLAND COUNTY: PA
V. : NO. 99-6773 CIVIL TEIM
McLISA A. %VISNIEkVSKI, CIVIL ACTION - LAW
(formerly blcLisa <\. Markham)
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of
2003, upon consideration of
the Plaintiff's Motion In Ulwine it is hereby Ordered that all evidence or testimony by
any witnesses by or on behalf of the Defendant in this matter shall be excluded.
The Defendant is Ordered to pay Plaintiff's reasonable attorney's fees
associated with preparing the Plaintiff's Motion In Ilrrrine and for costs associated
with preparation of today's scheduled Trial. Plaintiff is Ordered to submit to This
Court a bill outlining attorney's fees within clays.
BY THE COURT,
J?
DAVID J. N[ARKI-L\-\ I,
Plaintiff
ct
McLISA A. WISNIEWSKI,
(formerly.;\IeLisa A. Markham)
Defendant
iN 1'1-11_- (:OURT OP COA[J[ON PLEAS
CU.\II3ERLAND COUNTY, PA
NO. 99-6773 CIVIL TEILW
CIV]LACTION -LAW
IN CUSTODY
OFFERED BY OR ON BEHALF OF DEFENDANT FOR FAILURE-TO
COMPLY WITH CUMBERLAND COUNTY RULES OF PROCEDURE---
AND ORDER OF COURT
AND NOW, this l l th clay of June, 2003, comes the Petitioner, David
tMarkhsun, by and through his counsel, Kara W. Haggerty, Esquire, of ABOM &
KUl'UL:UQs, L.L.R, and respcctfuldy.fidcs this Motion in Limine Pursuant to C.C.R.R
1915.3-4, and in support thereof avers the following:
1. The Plaintiff Filed a Petition to Modify Custody on March 23, 2003.
2. 1% custody conciliation conference was held on May 9, 2003, at which time this
matter was referred to This Honorable Court for a hearing.
3. By Order of Court slated May 15, 2003, counsel for the parties or the party
themselves were ordered to file with the court a memorandum setting forth the
history of custody in this case, the issues currently before the court, a list of
witnesses who will be called to testify at the hearing, and a Summary of the
anticipated testimony of each wimcss.
4. Cumberland COMM, Rules of Procedure, Rule 1915.3-4, requires each party to
provide the court With a list of all fact witnesses, it list of all expert witnesses,
is;uc; for resolution, cstint:ucd ICnfIth Of trial, anv reports from appropriate
agencies, anti anc reports of experts intenrle.l to be called as wimesses.
5. Undersigned counsel provided This Honorable Court with a trial memorandum
on behalf of the Plaintiff that included all information required he C.(
1915.3--f.
6. Undersigned counsel has not been served with a Praecipc to I,:nter Appearance
be am, attorney'.
7. L ndersigned counsel noticed Michael Whare, Istluire's, name on Judge liavlev's
order of reCU5711.
3. Undersigned counsel made attempts to contact Attorney Whare via telephone.
9. 'lip date, Attornev Whare has not contacted undersigned counsel.
10. Ar the time of the submission of Plaintiff', trial mctnorandum; therefore,
Plaintiff's trial memorandum was served on the Defendant directly.
I L'Iu date, undersigned counsel has not received a trial memorandum from the
Defendant.
12. Plaintiff has incurred numerous attorney:, fees in preparing for this trial, to
include preparation of the trial mctnorandum, as well as in preparing this
motion to be filed with the court.
13. Pursuant to C.C.R.P. 1915.3-4, f IJUre to produce the information rcquestcd
prior to trial for the court, has prejudiced the Plaintiff anti placed Plaintiff at a
disadvantage and therefore should operate as a bar to the admission of
Defendant's evidence and/or witnesses at trial.
WHEREFORE, the Plaintiff respcctfully requcstS This Honorable Court to
exclude all evidence or testimony by any witnesses by or on behalf of the Defendant
in this matter. The Plaintiff further requests This Honorable Court to order
Defendant to p:nY Plaintiff's reasonable attorney's fees associated with preparing this
pleading. It is further reyuestccl that, should This Honorable Court order a
continuance, it is prayed that attorney's fees should be assessed against the Defendant
for costs associated with preparation of today's scheduled trial.
Respectfully submitted,
DA'rr•. f' I I k-
Auoar&Kumu trrs,L.L.P
??L?L.?Lt• ??CZ_ .yC..l.?j
Kara W. Flaggcrty,!l luire
3 South Hanover Street, Suite 204
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for Plaintiff
ID #36914
CERTIFICATE OF SERVICE
:\ND NOkV this I I ... day of June, 2003, I, Mara \V. 1-laggerny, I.--'squire, hcrcbv
certify that I did serve a true and correct copy of the foregoing MOTION IN
LIMINE TO EXCLUDE EVIDENCE AND TESTIMONY OFFERED BY
OR ON BEHALF OF DEFENDANT FOR FAILURE TO COMPLY WITH
CUMBERLAND COUNTY RULES OF PROCEDURE AND ORDER OF
COURT Upon the Respondent by depositing, or causing to be deposited, sane in the
U.S. mail, First-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
MeLisa Markham
49'/2 W 1-ligh Street
Carlisle, P.A 17013
b[tchael Whare, Esquire
Romingcr & Bayley
155 S. Hanover Street
Carlisle, R\ 17013
ILf
Kara W 1-laggcrty
Attorney for plaintiff
'?'w$rfiR`n7?i3!?ft ff L:a±ai?r:,,\ 1 V .c:,.. 1._., r. y, .,. _-, ? ..._•_•_
DA\IID J. IN TI-II- COURT' OFCO,%WON PLEAS
Plaintiff CU\1131--IU-AND COUN-I'l; P:\
V. : NO. 99-6773 CIVIL TERM
McLISA A. A`i/ISNIEWSKI, CIVIL ACTION - LAW
(formerly McLisa A. Markham)
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of
2003, upon consideration of
the Plaintiff's Motion In Llmine it is hereby Ordered that all evidence or testimony by
any witnesses by or on behalf of the Defendant in this matter shall be excluded.
The Defendant is Ordered to pay Plaintiff's reasonable attorney's fees
associated with preparing the Plaintiff's \lotion In Umine and for costs associated
with preparation of today's scheduled Trial. Plaintiff is Ordered to submit to This
Court a bill outlining attorney's fees within days.
BY THE COURT,
1 _r,
DAVID J.:YL\RKHAM,
Plaintiff
V.
, -IS:A A. WISNIEWSKI,
(formerly McL.isa A. Markham)
Defendant
IN'1'Fll COURT OF CO:AI,%IO NPLL.:AS
CU:MBEIU.-AND COUNTY, P:\
NO. 99-6773 CIVIL TERM ?, ,
CIVIL ACTION-LAW
IN CUSTODY
MOTION IN LIMINE TO EXCLUDE EVIDENCE AND TESTIMONY
OFFERED BY OR ON BEHALF OF DEFENDANT FOR FAILURE TO
COMPLY WITH CUMBERLAND COUNTY RULES OF PROCEDURE
AND ORDER OF COURT
AND NOW, this l l th day of June, 2003, comes die Petitioner, David
Markham, by and through his counsel, Kara W. Haggerty, Esquire, of r\i3oM &
KUPUI-M- i$, L.L.P., and respectfully files this Motion in Limine pursuant to C.C.R.P.
1915.3-4, and in support thereof avers the following:
L The Plaintiff filed it Petition to Modih' Custody on March 2S, 2003.
2. A custody conciliation conference was held on May 9, 200, at which time this
matter was referred to This Honorable Court fora hearing.
3. By Order of Court dated Mav 15,200j, counsel for the parties or the party
themselves were ordered to File With the court a memorandum setting forth the
history of custody in this case, the issues currently before the court, a list of
witnesses who will be called to testify at the hearing, and a summary of the
anticipated testimony of each witness.
4. Cumberland COMM Rules of Procedure, Rule 1915.3-4, requires each party to
Provide the court with a list of all fact witnesses, a list of all expert witnesses,
issues for resolution, estimated length of trial, any reports from appropriate
agencies, and any reports of experts inrencled to be called as witnesses.
5. Unclcrsigncd counsel provided This Honorable Court with a trial memorandum
on behalf of the Plaintiff that included all information required by C.C.R.R
1915.3--4.
6. Unclersigned,counscl has not been scrVCCI with a Praccipe to Enter :\ppearance
by any attorney.
7. Undersigned counsel noticed \lichael Whare, 13squire's, name on Judge Bayley's
order of recusal.
8. Undersigned counsel made attempts to contact Mtorney Whare via teleplione.
9. To date, r\ctorney Whare has not contacted undersigned counsel.
10. At the tune of the submission of Plaintiff's trial memorandum; therefore,
Plaintiff's vial memorandum was served on the Defendant directly.
11.To date, undersigned counsel has not received a trial memorandum from the
Defendant.
12. Plaintiff has incurred numerous attorney's fees in preparing for this trial, to
include preparation of the trial memorandum, as well as in preparing this
motion to be filed with the court.
13. Pursuant to C.C.R.P. 1915.3-4, failure to produce the information requested
prior to trial for the court, has prejudicecl the Plaintiff and placed Plaintiff at a
disadvantage and therefore should operate as a bar to the admission of
Defendant's evidence and/or witnesses at trial.
s,
WHEREFORE, the Plaintiff respectfully requests'rhis Honorable Court to
exclude all evidence or testimony by any witnesses by or on behalf of the Defendant
in this matter. The Plaintiff further requests '['his Honorable Court to order
Defendant to pay Plaintiff's reasonable attorney's fees associated with preparing this
pleading. It is further requested that, should This Honorable Court order a
continuance, it is prayed that attorney's fees should be assessed against the Defendant
for costs associated with preparation of today's scheduled trial.
Respectfully submitted,
A6oh!& KuTUi?urs, L.L.P
DATE f' i n-s laia -lb LL.17?
Kara W. Haggerty,(1 , uire
3 South Hanover Street, Suite 204
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for Plaintiff
ID #36914
CERTIFICATE OF SERVICE
AND NOW, this I l""i clay of June, 2003, 1, Kara W. 1-1aggern', Esquire, hereby
certify that I did serve a true and correct copy of the foregoing MOTION IN
LIMINE TO EXCLUDE EVIDENCE AND TESTIMONY OFFERED BY
OR ON BEHALF OF DEFENDANT FOR FAILURE TO COMPLY WITH
CUMBERLAND COUNTY RULES OF PROCEDURE AND ORDER OF
COURT upon the Respondent by depositing, or causing to be deposited, same in the
U.S. mail, Pirst-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
McLisa i farkham
49 VW I-Iigh Street
Carlisle, PA 17013
Michael Whare, Esquire
Rominger & Bayley
1 55 S. I-Ianover Strcet
Carlisle, PA 17013
Kara W Haggerty
Attorney for PUntiff
DAVID J. MARKHAM, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
McLISA A. MARKHAM,
DEFENDANT 99-6773 CIVIL TERM
ORDER OF COURT
AND NOW, this Mday of April, 2003, IT IS ORDERED:
(1) The within petition for special relief, IS DENIED.'
(2) A Rule is entered against McLisa A. Markham, to show cause why she
should not be adjudicated in contempt for violating the custody order of March 12, 2001.
Rule returnable in Courtroom Number 2, Cumberland County Courthouse, Carlisle,
Pennsylvania, at 11:00 a.m., Monday, April 14, 2003.
By the
Edgar B.
Kara W. Haggerty, Esquire
For Plaintiff
McLisa Markham
491/2W. High Street
Carlisle, PA 17013
Court Administrator
sal
' Any petition to modify the existing custody order shall be referred to conciliation.
D:\VID,J, iMMZKI-I:\.\I,
Plaintiff
AIcLISA A. t\I:\RIU 1;\\1,
Defendant
. IN'1'1-II COUIZI'OI'COAIAIONI'I.I:,\S
. CUMBERLAND COUNTY PA
NO. 99-6773 CI\'11.'1'1:101
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW this day of March, 2003, upon consideration of the
attached petition for Civil Contempt for Disobedience of Custody Order and
Petition for Special Relief, it is ORD131ZI3D and DECRI7.13D that Respondent,
McLisa A. Markham, is hereby held in Contempt.
It is further ORDI'sRLD and DICRf'1?D that Petitioner, David Markham
shall immediately take primary plivsical custody of the subject minor child.
It is further ORDERF13 and DECRIU-T) that Respondent pay the court costs
and attorney's fees associated with Petitioner bringing this petition.
IN THE' A1.:17aIZ1?IA'1'I\ Ii, it is Ordered and Decreed that the parties and
their respective counsel appear before This Honorable Court, on the day of
2003, at m., for a Hearing on said
Petition.
BY'1'I-11 COUIn%
McLisa Markham
49 V 2W High Street
Carlisle, PA 17013
Kara W 1-1aggcrty, I Squire
Attorney for Petitioner
8 South Hanover Strcct, Suitc 20=4
Carlisle, PA 17013
Honorable 1?dgar B. Bayley
i
DAVIDJ. MAM""HAN1,
Plaintiff
Vi
McLISA A. MARKHAM,
Defendant
IN 'I'I-I IS COUI;ff OF CONINION pl,FAS
CUNIBII.RLAND COUNTY, PA
NO. 99-6773 C I V I L TLRM
CIVIL ACTION - LAW
IN CUSTODY
. PETITION FOR CIVIL CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER AND REQUEST FOR SPECIAL
RELIEF PURSUANT TO 42 Pa.C.S.A. 51915.13
AND NOW, this 28th day of March, 2003, comes the Petitioner, David
Markham, by and through his counsel, Kara W. I-laggerty, Esquire, of Aliam &
KUTULAKIS, L.L.P., and respectfully petitions this Honorable Court to hold
Respondent, NleLisa Markham, in contempt of its Order and to grant Petitioner
special relief, and in support thereof avers the following:
COUNT 1: PETITION FOR CIVIL CONTEMPT
FOR DISOBEDIENCE OF CUSTODY ORDER
1. On or about March 12, 2001, this Honorable Court signed a Final Custody
Order directing the parties to share legal custody of the Subject minor cl-dld
and granted Mother primary physical custody with Father being granted
partial physical custody on alternating weekends from Thursday at 6:00PIM
until Monday at 6:00PNI and on alternate Thursdays at 6:00PNI until Friday
at 6:00PNI.
2, The Custody Order and custody schedule was to become effective
immediately.
3. On Thursday, March 27, 2003, Petitioner received a message on the
telephone answering machine from Mother stating that Mother will not be
turning over custody of the subject minor child as arranged. The message
indicated that Petitioner would receive a phone call from a family number
of 'Iother sonutime over the weekend to arrange transfer of custody.
4. To date Petitioner has not been contacted by Respondent or Respondent's
family.
5. On Friday, 'March 28, 2003, Petitioner went to the subject minor child's
school and discovered that the child was not in school that (late. Petitioner
was advised that there were no hlione calls from the family to indicate why
the child was not in school on that date.
6. Petitioner also discovered that the subject minor child was not in school the
previous day, March 27, 2003. Petitioner was advised that the subject minor
child received an unexcused absence for the date.
7. Oil March 28, 2003, Petitioner contacted undersigned counsel about the
situation and requested that this Petition be filed.
8. It is believed and therefore averred that the Respondent has willfully failed
to abide by this Honorable Court's Orders directing the parties to transfer
physical custody of the subject minor child on the designated dates.
COUNT 2: PETITION FOR SPECIAL RELIEF
9. Paragraphs 1 through 8 are hereby incorporated by reference.
10. On March 28, 2003, Petitioner filed a Petition to Modify Custody (a copy
attached as 13xhibit "N')
11. It is believed and therefore averred that Respondent's current behavior is
what prompted the filing of the Petition to Modify Custody in this matter.
12. Respondent's behavior is affecting the current custody arrangement
between the parties.
13. Respondent's behavior is having an adverse impact on the subject minor
child's attendance at school.
WHEREFORE, Petitioner prays that this I-lonorable Court find Respondent
in contempt of its Order. Petitioner prays that this 1-10110rable Court grant the
Petition to Modify Custody of the subject minor child and grant Petitioner primary
physical cusrody of rile Subject minor child. hurther, Petitioner prays that this
I-lonorable Court direct Respondent to pay the costs and attorney;, fees associated
with Petitioner bringing this Petition.
RCJpectfUlly Subtnittcd,
Date -? V 3
Arrom & KuTuLAKrs, L.L.P.
_ _?\ }car ? „ l?-
Kara ??. I-laggerty
1 D No. 36914
3 South Hanover Street, Suite 204
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
DAN71D J. \{ARKI-IAiN1, . IN 7'[-113 COU1ZT OVCOi\Ii\ION PLEAS
Plaintiff . C(JMI3I=:RLAND COUNT)', I)A
V. NO. 99-6773 CIVIL TI31Z\I
A10 1SA A. AIARKFIAAI, CIVIL AC'T'ION -JAW
Defendant IN DIVORCI
ORDER OF COURT
AND NOW this clay of 2003, upon consideration of
the attached Petition to Modify Custody, it is hereby directed that the parties and their
respective counsel appear before
the conciliator, at on the day of
, 2003, at _ .m., for a Pre-[-Tearing 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. If you fail to appear as provided by this Order,
an Order for custody, partial custody or visitation may be entered against you or the
Court may issue a warrant for your arrest.
BY'1'FIE COUR'T',
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.
CUM13I11RI.AND COUNTY BAR ASSOCIATION
32 SOUTI-I 1313DI7OIZI)
CARI.ISI..1.3, PA 17013
(717) 2,19-3166 OIZ (300)990-9105
AMERICANS wf,rl-I DISABILITIES ACT OF 1990
TIIC Court of Common Pleas of Cumberland COUntY is required b?. law to
comply with the Americans with Disabilitic, Act of 1990. For information about
accessible Facilities and reasonable accommodations ;nailable to disabled individuals
having businesS before the court, please contact our office. :\lI arrmgenuntS nwst be
made at Icast 72 hours prior to am hearing or business bcforc the court. YOU must
:Ittcnd the Schcdulcd conference or hearing.
Plaintiff
V.
McI,ISA A. t\IARKI-1:\:\I,
Defendant
IN'I'1IF COUR'I'OI-'CU\I:\ION PIJ: AS
CU\Ilil•:RI.AND COUNTY, P-\
NO. 99-6773 C1V II,T ?161 1-
CIVI1, AC; I'ION - I-AW
IN DIVORC F,
PETITION TO NI0D1FY CUS'rODI'
?LND NOIV', the Plaintiff, David ?. \I:u•I:h:un, b}' and through his attorney,
Kara W. I- a gerty, Esquire, avers the fallowing:
1. The petition of David f. Markam, Plaintiff, respectfully represents that on
March 12, 2001 an Order of Court was entered Cor partial custody (a uric
and correct cope of which is attached).
2. This Order should be nwdificd bccWSe:
a. The parties' minor child spends a significant sunount of overnight
time with the paternal grandmother.
b. Mother/Defendant has requested changes in the current Custody
Order so that she is able to participate in extracurricular activities.
c. Any time the Mother/Defendant is unable to exercise periods of
custody with the parties' minor child, then that time should be
granted to the I"athcr/Plaintiff to cxercisc periods of custody with
the parties' minor child.
d. The current custody arrangement has affected the particS' minor
child's extracurricular activities, specifically, Monday night activities.
'1'uesday
C. A tnodiflUtion extending Father/Plaintiff's visitation to
morning would resoh-c anv conflict with the parties' minor child' s
scliedule.
IMEREFORE, the Petitioner requests that, in the best interest of the parties'
minor child, this Honorable Court 1110dif}' the existing Order of Court.
Rcspcctfttll)' Subtnittcd,
Ago st & KuTUi?tkrs, L.L.P.
DATE 1z w
Kara T Haggerty I
I D NcI,. 86914
S South Hanover Street, Suite 204
Carlisle, PA 17013
(7 t7) 249-0900
Attorney for Plaintiff
t :'1(I1. ?11
IN 'IIIE'000IZT OI: COMMON PLG:\S OF CUMBERLAND COIJN"I'Y, PENNSYLVANIA
CIVIL ACTION - 1_,,\W
Plaintiff
V.
\IcLISA A. NIAI?KI1:1D1,
Defendant
No. 99-6773 Cl VIL TEMM
: IN CUSTOM,
ORDER OF COI1R'I'
AND NOW. this. daNof
2001, upon presentation of the
attached Stipulation for Entry of Custody Order. 1T IS IILItIi131' ORDERED AND DECREED
that custody of the minorcltild,.IAZ691'tNE L. NIARICIIAaM, born December 17, 1996, is awarded
as IOllows:
"The parents shall share legal custody of their child, JAZMYtNE.
2. 'MOTHER shall have primary physical custody of the minor child.
FATI ER shall have partial physical custody of the minor child on alternate weekends
From Thursday at 6:00 p.nt. until Monday at 6:00 p.m. beginning March I, 2001; and on alternate
Thursdays at 6:00 p.m. until Friday at 6:00 p.m. beginning \4arch R, 2001.
MOTHER and FATHER shall each have hvo (2) consecutive uninterrupted weeks of
sununcr custody with the minor child each year. The parents shall give each other thirty (30) days
written notice of their chosen weeks for summer custody. hi the event that both parents choose the
saute weeks, the parent who gives first notice shall prevail.
5. The holidays ofNew''car's Day. Memorial Day, the Fourth of.fuly and Labor Dav shall
be aIMIMted between the parentseach year. regardless of the usual schedule. The hours shall be from
6:00 p.m. the evening before the holiday until 6:00 p.m. on the holiday, except thatconsideration shall
be given for special instances such as fireworks.
In 2000 and in all even )cars thereafter, FATI IER shall have New Year's Day and the Fntlt'th
ol'July and \IOII IER shall have Nlemorial Day and Labor Day.
In 2001 and in all odd years thereafter. NIOTI IER shall have New Year's Day and the Fourth
of.luly and FATHER shall have Memorial Day and Labor Day.
6. The parents shall alternate the holidays of Easter and'fhanksgiving each year, regardless
of the usual schedule. The hours shall be from 6:00 p.m. the evening before the holiday until 6:00
P.111. on the holiday.
In 2000 and in all evenyears thereafter, FATHER shall have Easlerand MOTHER shall have
Thanksgiving.
fn 2001 and in all odd years thercaltcr, iv1OTl IER shall have Easter and FATHER shall have
Thanksgiving.
The Christmas holiday shall be divided into two (2) segments. Segment "A" shall be
from noon on Christmas Eve until noon on Christmas Day. Segment "l3" shall be from noon on
Chr'ni-ins Day unI l noon on D:ce :,,_: 2°s.
In 2000 and in all even years thereafter. FATIIER Ahall have Segment "A" anti MOTHER
shall have Segment -13".
In 2001 and in all odd years thereafter, MOTI IER shall have Segment "A" and FATHER shall
have Segment "13".
MOTI IL=R shall have the minor child on iMother's Day and FATI-IER shall have the
minor child on father's Day, regardless of the usual schedule. These hours shall be from 6:00 p.m.
the Saturday belore the holiday until 6:00 p.m. the day of the holiday.
9. Both parents shall have the oppo entity to sec the minor child on her birthd:w,
December 1 T'
10. The schedules forall holidays, special occasionsand vacations shall take priority over
the usual altemating weekend schedule.
I I. Whichever parent is receiving custody shall provide the transportation.
12. Neither parent shall abuse alcohol in [lie presence of tile child nor use ille-gal drugs. The
parents shall make every effort to ensure that third parties refrain Irom abusingalcohol or using illc?al
drugs while in the presence of the child.
13. There shall be reasonable telephone access between the child and both parents. The
child shall be permitted reasonable telephone access to place calls to her parents.
14. mari-IGR shall claim the child as an exemption on her income tax returns for 2000
and in all years thereafter.
15. Both parents agree that, by their mutual consent, a modified schedule may be agreed
upon between them for and in the best interests of their minor child.
16. By mutual consent of the parents, a modified schedule may be agreed upon bct%vccn
them for and u+ the best !.qtcrests of th,ar minor child
17. This Order shall replace and supercede any and all prior Custody Orders, and shall
remain in full force and effect until further Order of Court.
arnl t j rlisl
Th ..1.. r f t7.Zl l /
rolhonat.ny
BY THE COURT:
//? • t /A
•l -(Ct
IIonorableEdgar B. Bayley
Order on the date indicated below.
Date
3-I-oi
Date
\Vintess
L?
1 lime:
I ?}
iMeLISA A. •iARK11A:?1
l :AVID .I. t IARICIIA114
VERIFICATION
I, DAVID J. tMARKHAM, verify that the statements made in this Petition to
i\Iodify Custody 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 3 " a _G X/r?71 ? ,??
J. ?IARKI-IA\I
VERIFICATION
I, D_"rID AIARN:HAA1, vericN' that the foregoing Petition for Contempt and
Petition for Special Relief iS true and correct t0 the beS1 Of MY knOwlCdgC and belief.
I understand that false statetnentS herCin are made Subject tO the pen;drics Of IS
Pa.C.S.A. §4904 relating tO unsworn falsiHcadOn tO auth0ritics.
Date: Alarch 28, 2003 a z,&
?' [;ARKFIAAI
CERTIFICATE OF SERVICE
AND NOW, this 28°i dal of March, 2003, 1, Kara W. Haggerty, I'ssyuirc,
hereby certify that I did serve a true and correct copy of the foregoing PETITION
FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER
AND PETITION FOR SPECIAL RELIEF, PURSUANT TO Pa.C.S.A. §
1915.13 upon the Respondent by depositing, or causing to be deposited, same in the
U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
By First Class & Certified Mail (Restricted Del3ver4:
NIel,isa i\Iarkham
491/2W High Street
Carlisle, PA 17013
Kara ?y/ Haggerty
Attor ey for Petitioneamr
a
r! ?:
cl?
? ? ill
iR
MAR 3 1 2003 N
D.AV'ID ?. AL\RI:I I.A\I, IN'1•111•: COUR'1.0FCOAL,A1ON 111,1a:AS
I'laintif( CUAlI31iRl.:\ND COUN•I'l; V:\
V. NO. 99-6773 CIVIL TIT:\l
AICLISA A. MARKI LAM, CIVIL ACTION - LAW
Defcn(l:uu IN CUSTODY
0 R1)f:R OF COURT
AND N( 1\\; this _._ d:1V of Mardi, 2003, upon consideration of the
auached Petition litr Civil Contempt fOr DlSObedlCoCC of Custody Order and
Petition for Special Relief, it is ORDI-*AFD and DI?CREIM that Rcspondcnt,
AICLisa A. ,Markham, is herchy held in Contempt.
It is liu•Iher ORDFRI'D and D15CRIT"D that Petitioner, David Markham
shall inmtedi:uCly takC print:uy physical cuswdy of the subject minor child.
It is further ORDFRIM and DI.-CRFI:D that Rcspondcnt pay the court costs
and anorne?'s fees associated with Petitioner bringing this Petition.
IN '1'I IF AI:1'I?RNATI\'I:, it is OrIICl_Cd :utd Decreed that the parties and
their respeCtivc counsel appear J)CfOrC 't'his 1-101101-able Court, on the day of
2003, at m., for a 1-tearing on said
Petition.
BY 'I•HF COURT:
1 lonorablc F'Algar 13. Bayley
Mel,isa Markham
49 lh \\: I ligh Surd
Carlisle, PA 17013
Kara \\: I Isggerty, F.squire
Anorney GM 11Ctitioner
R South I hmoer Suret, Suitc 20-1
Carlislc, PA 17013
D;AV'1 D J 'l;ARI:I I:A?\I, IN '1'1-11': COUR•l- OP COMMON PLEAS
Plaintiff CU'i1iI'MI AND COUNTY, PA
` NO. 99-6773 CI\'II "l'I-R'd
CI\rIL ACTION - LAW
'IcLIS_\ A. MAI\ KI-IA'l,
Defendant IN CUSTODY t;
PETITION FOR CIVIL CONTEMPT FOR >>
DISOBEDIEN?ELOIEFUSTOSUANT TO 42 PNDC.S.A. 1915 13 OR SPECIAL
AND NOW, this 28th day of 'March, 2003, conks the Petitioner, David
'larkhani, by and through his counsel, tiara W. Haggerty, 13 squire, of MOM &
K1J'1'U1.AI<IS, L.L.P, and respectfully petitions this Honorable Court to hold
Respondent, bleLisa Markham, in contempt of its Order and to grant Petitioner
special relief, and in support thereof avers the following:
COUNT 1: PETITION FOR CIVIL CONTEMPT
FOR DISOBEDIENCE OF CUSTODY ORDER
1. On or about March 12, 2001, this Honorable Court signed a Final Custody
Order directing the parties to share legal custody of the subject minor child
and granted Mother primary physical custody with Father being granted
partial physical custody on alternating weekends from Thursday at 6:00111M
until Monday at 6:00P'I and on alternate Thursdays at 6:OOP'I until Friday
at 6:OOP'I.
2. The Custody Order and custody schedule was to become effective
immediately.
3. Oil Thursday, March 27, 2003, Petitioner received a inessagc oil the
telephone answering machine from 'Mother stating that Mother will not be
turning over custody of the subject minor child as arranged. The message
111:11 Petitioner would receive it phone call from it family member
of Molhcr sometime over the weekend to arrange transfer of custOLIV.
•I. 'I'o (late Petitioner has not been contacted by Respondent or Respondent's
I;unily.
S. ( )n I"riday, March 28, 2003), petitioner went to the subject minor child's
school and discovered that the child was not in school that date. Petitioner
was advised that there were no phone calls from the family to indicate wiry
the child wits not in school on that date.
h. Petitioner also discovered that the subject minor child was not in school the
previous clay, March 27, 2003. petitioner was advised that the subject minor
child rcccived an unexcused absence for the date.
7. ( )n \I:trch 28, 2003, Petitioner contacted undersigned counsel about the
situation and reyuestcd that this petition be filed.
S. It is believed and therefore averred that the Respondent has willfully failed
to abide by this Honorable Court's Orders directing the parties to transfer
physical custody of the subject minor child on the designated dates.
COUNT 2: PETITION FOR SPECIAL RELIEF
9. Paragraphs I through S are hereby incorporated by reference.
10. On March 28, 2003, Petitioner filed it Petition to \iodify Custody (a copy
attached as Exhibit `N').
1 1. It is believed and therefore averred that Respondent's current behavior is
what prompted the filing of the Petition to Modify Custody in this matter.
12. Respondent's behavior is affecting the current custody arrangement
between the parties.
13. Respondent's behavior is having an adverse impact on the subject minor
child's aucndancc at school.
WHEREFORE, Petitioner prays that this I-lonorable Court CHILI Rcspondcnt
in contempt of its Order. Petitioner prays that this 1-lonorable COUrt grant the
Petition to 'Modify Custody of the subject minor child and giant Petitioner primary
physical custody of the subject minor child. hurther, Petitioner prays that this
I-lonorable Court direct Respondent to pay the costs and attorney's fees associated
with Petitioner bringing this Petition.
Rcspcctfully submitted,
Date
t BOM & KuTui. is, L.L.P.
.\ Q?( /d•'Z lG,.i?.v?. 'ma'r ?4.?'?
Kara \Y. Haggerty
I D No. 86914
S South 1-1anover Street, Suite 204
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
DAVID J. iMARKI-IAA1. IN T'f-IC? COURTOl COMMON P1.13AS
Plaintiff CIJMI3131ZI.AND COUKI'1', PA
V. NO. 99-6773 CIV'IL'1'IIL?1
McNSA A. MARKHA\I, CIVIL ACTION - JAW
Defendant IN DIVORCI
ORDER OF COURT
AND NOW this day of 2003, upon consideration of
the attached Petition to Modify Custody, it is hereby directed that the parties and their
respective counsel appear before
the conciliator, at on the day of
2003, at -.m., for it Pre-I-(caring 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 it temporary order. If you ftil to appear as provided by this Order,
an Order for custody, partial custody or visitation may be entered against you or the
Court may issue a warrant for your arrest.
BY TI-11-7 COUIZ'1',
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.
CU;MBG1tLAND COUN'T'Y BAR ASSOCIATION
32 SOUTH BI1'DI-OItD
CARLISl.l3, PA 17013
(717) 249-3166 0 R (300) 990-9105
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common plots 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 bLISilleSS before the court. You must
attend the scheduled conference or hearing.
DAVID ?. ,AI:ARhI 1;A,AI. IN TI II? COURTOI- C0.AIMON PI.FAS
Plaintiff CT,\IRIiIZI.AND COUNTY, PA
?'• NO. 99-6773 CIVII,'I'13R\I
Mel-IS;\ CIVIL ACTION - LAW
Defenclant
IN
DI\ORCI?. _,, __
PETITION TO MODIFY CUSTODY
AND NOW, the Plaintiff, David J. (Markham, by and through his at1017114,1"
Kara W. I I;>a;gerty, I syuite, avers the following:
1. The petition of David J. iIMarkalli, Plaintiff, resPectfully represents that on
March 12, 2001 an Order of Court was emerccl for partial custody (a tt•uc
and correct copy of which is attached).
2. 'I'hiS Order should be modified because:
a. '['he parties' minor child spends a Significant amount of overnight
time with the paternal grandmother.
b. Mother/Defendant has requested changes in the current CUSt0d)'
Order so that she is able to participate in extracurricular activities.
C. Any time the a\lothcr/Defendant is Un;tblc to exercise periodS of
custo(l)' with the parties' minor child, then that time should be
granted 10 file Pather/Plaintiff to exercise periOdS of custody with
file parties' minor child.
??ea?ve.?--?-- ...:rs>cv.xmrn?:rxw?r!sxi?evex??re°x=
_ ?a
d. The current custody arrangement has affected the parties' minor
child's extracurricul:u• activities, Specifically, Monday. night activitieS.
c. A modification extending father/Plaintiff's visitation to Tuesday
morning would resolve any conflict with the parties' minor child' s
schedule.
WHEREFORE, the Petitioner requcstS that, in the best interest of the parties'
minor child, this Honorable Court modify the existing Order of Court.
Respcctfullp Submitted,
Aijav & KUTuL4Kfs, L.L.P.
DA .1.1, - en IZAM
Kara T Haderty I
ID Nth. 36914
3 South Hanover Street, Suitc 204
Carlisle, VA 17013
(717) 249-0900
Attorney for Plaintiff
IN TI IE'C'OURT OF CO,%IivION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
DAVIT) .J.:N 1ARKIIAA1,
Plaintiff
McLISA A. tNIARKIIAM,
Defendant
No. 99-6773CIVILTERdI
: IN CUSTODY
ORDE'RIO[' COURT
AND NOW. this _i ?_ day of I? Ci FCIl 2001, upon presentation of the
attached Stipulation for Entry of Custody Order. IT IS HEREBY ORDI'sRED AND DECREED
that custody ofthe minor child„JAZIDIYNI: L. MARKIIANI, born December 17, 1996, is awarded
as follows:
I . The parents shall share legal custody of their child.,JAZMYNE.
2. MOTHER shall have primary physical custody of the minor child.
3. FA'f!-IER shall have partial physical custody of the minor child on alternate weekends
from 'I'll ursday at 6:00 p.m. until Monday at 6:00 p.m. beginning March 1, 2001; and on alternate
Thursdays at 6:00 p.m. until Friday at 6:00 p.m. beginning March S, 2001.
4. MOTHER and FATHER shall each have two (2) consecutive uninterrupted weeks of
summer custody with the minor child each year. 'File parents shall give each other thirty (30) days
written notice of their chosen weeks for summer custody. In the event that both parents choose the
same weeks, the parent who gives first notice shall prevail.
5. The holidays of\ew Year's D:ty.;\,Icntorial Day, the Fourth ofJuly and Labor Dayshall
be alternated hetween the parents each year. regardless uI'[ hc usual schedule. The hours shall be from
G:00p.m.tlie cvcnin hefire
tile I, of idaylinIi16:00p.m.oil tI, eho Iiday,exceptthatconsiderationshall
be given for special instances such as fireworks.
In 2000 and in all even years thereafter, FATI IER shall have Nev; Year's Day and the Fourth
0001Y and MOTHER shall have Memorial Day and Labor Day.
In 2001 mul in all odd years thereafter. MOTHER shall have New Year's Day and the Fourth
of.luly and FATHER shall have Nlcmorial Day and Labor Dav.
6. The parents shall alternate the holidays ofEaster and,rhmtksgiving cacli year, regardless
ol'the usual schedule. 'fhe hours shall be from 6:00 p.m. the evening before the holiday until 6:00
p.m. oil the holidav.
In 2000 and in all even years thereafter, FATI IEIZ shall have Eastcr and MOTHER shall have
Thanksgiving.
In 2001 and in all odd years thereafter, ,NIOTI IER shall have Easterand FA"f1-iER shall have
"thanksgiving.
"file Christmas holiday shall be di-vidcd into two (2) segments. Segment "A" shall be
from noon on Christmas Eve until noon on Christmas Day. Segment "13" shall be from noon on
C hr1S!ttla5 Day until nuo:t
In 2000 and in all even years thereafter. FATHER shall have Segment "A" and MOTHER
shall have Segment 13".
1112001 mttl in all odd years thereafter. N IOTI-IER shall have Segment "A" and FA"rl-IER shall
have Segment •'13"
S. MOTHER shall have the minor child on Mother's Day and FATHER shall have the
minor child on Father's Day. regardless of the ustial scltcdule. These hours shall be from 6:00 p.m.
the Saturday helore the holiday until 6:00 p.m. the day of the holiday.
Both parents shall have the opp rtunity to sec the minor child nn her birthday,
December 17".
10. The schedules for all holidays, spe(:ial occasions and vacations shall take priority over
the usual alternating weekend schedule.
11. Whichever parent is receiving custody shall provide the transportation.
12. Neither parent shall abuse alcohol in the presence of the child nor use illegal drugs. The
parents shall make every effort to ensure that third parties refrain from abusing alcohol or using, illegal
drugs while in the presence of the child.
1). 'there shall be reasonable telephone access between the child and both parents. The
child shall he permitted reasonable telephone access to place calls to her parents.
14. MOTI IBR shall claim the child as an exemption on her income tax retums for 2000
and in all years thereafter.
15. Both parents agree that, by their mutual consent, a modified schedule may be agreed
upon between them for and in the best interests of their minor child.
16. By mutual consent of the parents, a modified schedule maybe agreed upon between
them for and in the best interests of their minor child
17. This Order shall replace and supercede any and all prior Custody Orders. and shall
remain in full force and effect until further order of Court.
and ? •ai +?i . ••? ::.a?ri ?i ? ?riislc, ?:.
YroihoaoLuy
-io
BY THE COURT:
i1
/` t / ? LZt
Ilonorabl Edgar B. Bayley
Order on the date indicated below.
Date
3•(-01
Date
Witt1c55t
itn?.
C
t&?
.-.) y -,
McLISA A. MARKHt%,N4
AVID J. AI KI-IAM
VERIFICATION
;MARKI AM, verify that the statements made in this Petition to
\lodify Custody are true and Correct. I understand that false sraternents herein are
made subject to the penalties of Is Pa.C.S. =190=1 relating to unsworn falsification to
authorities.
Date -3 m
I??\vm?. i\rAlz.Ia-I,\!?r
VERIFICATION
D AIARKHA\1, verifv that the foregoing Petition for Contempt and
Petition for Special Relief is true and correct to the best of my knowledge and belief.
1 understand that false statements herein arc nmde subject to the penalties of 18
Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
Date: March 28, 2003
.b 1 l;\RI\I-IA\I
CERTIFICATE OF SERVICE
AND NOW, this ?8°i day of March, 2003, I, Kara W. Haggerty', 13Syuirc,
hereby certify that I did serve a true and correct copy of the foregoing PETITION
FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER
AND PETITION FOR SPECIAL RELIEF, PURSUANT TO Pa.C.S.A. S
1915.13 upon the Respondent by depositing, or causing to be deposited, same in the
U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
By First-Class & Certified Mail (Restricted Delivery):
McLi%t t?darkham
49 '/ W High Street
Carlisle, PA 17013
1 ,
Kara'1W Haggerty
Attorney for Petitioner U
MAR 3 1 2003
DAVID J.:\[:Vtla L\Al, . IN'I'l-I F.' COURT WFOUCOMMON 111.1 "AS
Plaintiff CUMBE10-AND COUNTY, PA
v. NO. 99-6773 CIVIL TE'MM
MeLISA A. NIARKHANf, . CIVIL AC'T'ION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW this day of March, 2003, upon consideration of the
attached Petition for Civil Contempt for Disobedience of Custody Order and
Petition for Special Relief, it is ORDI RIsD and DECREED that Respondent,
i\Iel.isa A. ;Markham, is hereby held in Contempt.
It is further ORDEIZI3D and DICRLI-D that Petitioner, David itVarkham
shall immediately take primary physical custody of the subject minor child.
It is further ORDI3RED and DI CRI ED that 12esponclent pay the court costs
and attorney's fees associated Nvith Petitioner bringing this Petition.
IN 'lF-IEI ALTERNATIVE, it is Ordered and Decreed that the parties and
their respective counsel appear before This Honorable Court, on the day of
2003, at m., for a Hearing on said
Petition.
131" 1'I-IE COUR1':
Honorable Edgar B. Bayley
i\ eLisa Markham
491/2W High Street
Carlisle, PA 17013
Kara W Haggerty, Esquire
Attorney for Petitioner
8 South Hanover Street, Suite 204
Carlisle, PA 17013
Plaintiff
\'.
C.. I
IN '1'1 Ilr COUI.'I' OI' COMUN PI.I',AS
CU\IHITI.:ANI) COUNTY, PA
c'
No. 99-6773 CIVII. TEAM _-
r
CIWII, ;\CI'ION - I,MV
IN CUSTOM'
,
Dc urr ant
PETITION FOR CIVIL CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER AND REQUEST FOR SPECIAL
RELIEF PURSUANT TO 42 Pa.C.S.A, 19?C_ 15.13
AND NOW, this 28th day of March, 2003, comes the petitioner, David
Markham, by and through his counsel, Kara W. 1-lat gerty, 1 Squire, of Aiium &
KUTULAKI5, L.I..P, and respectfully petition, this Honorable Court to hold
Respondent, NIel,isa Markham, in contempt of its Order and to grant Petitioner
special relief, and in Support thereof avers the following:
COUNT 1: PETI'T'ION FOR CIVIL CONTEMPT
FOR DISOBEDIENCE OF CUSTODY ORDER
On or about March 12, 2001, this I-lonorable Court signal a Final Custody
Order directing the parties to share legal custody of the subject minor child
and granted Mother primary physical custo dY with Father being granted
partial physical custody on alternating weekends from Thursday at 6:0011M
until Monday at 6:00PM and on alternate'I'hursdays at 6:00PtM until Friday
at 6:00PM.
2, The Custody Order and custody schedule was to become effective
immediately.
3. On 'T'hursday, March 27, 2003, Petitioner received a message on the
telephone answering machine from Mother stating that Mother will not be
turning over custody of the subject minor child sus arranged. The message
indicated 111:1( Pelitinncr would re(CiVC :t I)h( aC call fl,( )111 :t I:unil member
of \lutler Slgltefime rn•cr the .k-CCjCCjl(I u1 arrange (l•anstC1- Of CUS(o(IC.
I. To date Petitioner has nut bccn C(J111a000(I h}• RcspundCnt Ur RC>pnnclCnt'S
family.
i. Oil Vticlay, March 28, 2003, Peti(ioner went ur tile Subject minor child's
School and disC(wercd that the chil(I was nut in School that date. Petitioner
was a(IViSC(I (hat there were no phone c:111s from tle family to indicate why
the child was not in school on that date.
6. Petitioner also discovered that the Subject minor child was not in School the
previous clay, March 27, 2003. Peitiune• was advised that the aubjo:ct tninnr
child received :111 uncseuecd :thsetlcC for the date.
7. On March 28, 2003, Petitioner contacted undersigned counsel about the
Situation and rcqucste(I that this Petition be filed.
S. It is bcliCVCd and therefore averred that the Respondelat has willfully Failed
to :tbiclc I)y this Honorable (:ourt's Orders directing the parties to transfer
phySical custody of the SubjCCt minor child on the designated dates.
COUNT 2: PETITION FOR SPECIAL RELIEF
9. P;uagraPhs I through S are hereby incorporated by reference.
10. On Alarch 28, 2003, Petitioner filed :t Petition to illodify (:ustody (a copy
attached as I?xhibit "A,,)
11. II is believed and therefore averred that Responclent'.S current behavior is
what prompted the filing of the Petition to ;;\lodif% (:,,, h in this matter.
12. Rcsponclei('s behavior is affecting the current cuW dy arrangement
between the parties.
13. Respondent's behavior is having 1111 adverse impact on the SubjCCt minor
child's anend;utcc at school.
WHEREFORE, Petitioner prags that this I (unorablc Court End Respondent
in contempt of its Order. Petitioner prays that this 1-101101able Court grant the
Petition to Alodify Custody of the subject minor child and grant Petitioner primary
physical custody? of the subject minor child. Further, Petitinner prays that this
Honorable Court direct Respondent to pay file costS and attorney's fees associated
with Vetitioner bringing this Petition.
Respectfully submitted,
Date
ABaw & KUTmins, L.L.P.
Kara \Y. 1-htgt;erty u
ID No. 86914
S South Hanover Street, Suite 204
Carlisle, PA 17013
(717) 2=49-0900
Attorney for Plaintiff
DAVID J. tUAIZKHAiM,
plaintiff
v.
{el-ISA A. iMAR11"HA\1,
Defendant
IN'I'Fll COUIZTOf-'COiIDION 131,I3AS
CU,M11FRI.AND COUNTY, PA
NO. 99-6773 CIVILTI--'101
CNI1. ACTION - I,AW
IN DIVORCI3
ORDER OF COURT
AND NOW, this day of 2003, upon consideration of
the attached petition to tModify Custody, it is hereby directed that the parties and their
respective counsel appear before
the conciliator, at on the day of
, 2003, at _ in., 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. If you fail to appear as provided by this Order,
an Order for custody, partial custody or visitation may be entered against you or the
Court may issue a warrant for your arrest.
BY TH I- COURT,
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.
CUMM1,10,AND COUN'T'Y 13A1Z ASSOCIA'T'ION
32 SOUTH BEDFORD
CAIZI.ISl..l3, PA 17013
(717) 249-3166 Olt (300)990-9103
r-
'7
AMERICANS \?UITFI DISABILITIES ACT OF 1990
'I'hc Court of Commoji pleas of Cumhcrl;tttd (:nuntV iS rcyuircd be law to
comply with the Americans with Disabilities Act of 1990. I-or information about
sible facilities and resJSOnablc accommodations avail;tble to disabled inclividuals
acces
having business before the court, please contact our office. All arrangements must be
made at (cast 72 hours prior to am' h=aring or business before the court. l'ou must
t.
i
r'
P•"
attend the scheduled conference or hearing.
r
Plainrifl
v.
\IcI.ISA A. %IARKI-IA\1,
Defendant
IN IIII:.000RI OFOMIM6<PI
CUMBFIZI.:\ND COUNT .,,I',\
No. 99-6773 CI\'ll.'i'1?.1Z:\I
CIVIL :AC PION - LAW
IN DIVORCE r
PETITION TO MODIFY CUSTODY
AND NOR; the Plaintiff, David J. Marl:harn, by and through his attorney,
Kara W. Haggerty, I?squire, avers the following:
1. The petition of David J. \I:ul<am, Plaintiff, respectfully represents rhar on
March 12, 2001 an Order of Court was entered for partial custody (a tnrc
and correct copy of which is attached).
2. This Order should be modified beamSC:
a. The parties' minor child spends a Significant amount of overnight
time with the paternal grandmother.
b. Mother/Defendant has requested changes in the current Custody
Order so that she is able to participate in extracurricular activities.
c. Any time the Mother/Defendant is unable to exercise petiods of
custody with the parties' minor child, then that time Should be
granted to the Father/Plaintiff to exercise periods of custody with
the parries' minor child.
d. The current ctw:nld'::u-ran.Lenu-111 lwa afTecled the parties' 11ti11or
child's c"tracurricular ac•tivitics, Spccilicall1', .Monda nitihi acticiiics.
C. A modification cxic11di11- father/PlaintifFs visirnioll to'1'uesdav
tllorni11" WOUld rc>Ul1'c :1111' Comflict with the parties' minor child' s
SChednlc.
WHEREFORE, the Petitioner rcyocsts Ih,u, in the hest interest of the parties'
minor child, this I-lonorablc Court nuldifj the existing Order of Court.
Kcspcetfltlh, submitted,
ABOa1 &C KuTULAtKis, L.L.P.
lzaw
Kara \Y. 1-1:11kgerly ! 1
ID N((. 8691-1 lJ
8 South I fallover Sl-rect, Suite
Carlisle, PA 17013
(717) 249-0900
;Attorney for Plaintiff
• Iryf,,
IN 'rffG'COURT' OP C'O--1;?ION PLEAS 01: CIJ\iI3ER1 .4ND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID,I. MARKHAM,
Plaintiff
V.
McLISA A. NIARICIIAM,
Defendant
: No. 99-6773 CIVIL TERAI
: IN C'LfSTODY
ORDER OF couwr
AND NOW. thisU_clayof_ 1?.CiICI 2001, upon presentatirnof the
attached Stipulation for Entry of Custody Order. IT IS HEREBY ORDERED AND DECREED
that custody of the minor child, JAliNIYNE L. MARKIIA,NI, born December 17, 1996, is awarded
as follows:
'rile parents shall share legal custody of their child, JAZA7YNE.
2. MOTF(ER shall have primary physical custody of the minor child.
3. FATHER shall have partial physical custody of the minor child on alternate weekends
fronn Thursday at 6:00 p.m. until Monday at 6:00 p.m. beginning March I, 2001; and on alternate
Thursdays at 6:00 p.m. until Friday at 6:00 p.m. beginning March 3, 2001.
4. MOTHER and FATHER shall each have two (2) consecutive unintemtpted weeks of
sununer custody with [lie minor child each year. 'file parents shall give each other thirty (30) days
written notice of their chosen weeks for summer custody. In the event that both parents choose the
same weeks. the parent who gives first notice shall prevail.
?. The holidays ofNecv Year's Day, ,Nlemorial Day, the Fourth ofJulyand Labor DavshaII
bealteniated between the paremseach year. regardlessofthc usual schedule. The hours shall be from
6:00 p.m. the evening be fore Iheholid;w until 6:00 p. in. on the holiday, except that consideration shall
be given for special instances such as fireworks.
In 2000 and in all even years thereafter, FATI IER shall have New Ycar's Day and the Fourth
of.luly and MOTHER shall have Memorial Day and Labor Day.
h12001 and in all odd years thereafter. MOTHER shall have New Year's Day and the Fourth
of July and FATHER shall have, Memorial Day and Labor Day.
6. The parents shall alternate the holidays of Easter and Thanksgiving each year, regardless
of the usual schedule. 'File hours shall be from 6:00 p.m. the evening before the holiday until 6:00
p.m. on the holiday.
In 2000 and in all even years thereafter. FATHER shall have Easter and MOTHER shall have
Thanksgiving.
In 2001 and in all odd years thereafter, MOTI IER shall have Easter and FATHER shall have
Thanksgiving.
The Christmas holiday shall be divided into two (2) segments. Segment "A" shall be
from noon on Christmas Eve until noon on Christmas Day. Segment "B" shall be from noon on
Cltris!mas Day until nooa on Dcce:a'te: 26h.
In 2000 and in all even years thereafter. FATHER shall have Segment "A" and MOTHER
shall have Segment-13".
h12001 and in all odd years thereafter, MOTHERshall have Segment "A" and FATHER shall
have Segment -13".
3. MOTHER shall have the minor child on Mother's Day and FATHER shall have the
minor child on Father's Day, regardless of the usual schedule. These hours shall be from 6:00 p.m.
;' ? Ilffl
the S:utirday helbre the holiday until 6:00 p.m. the day of the holiday.
9. Both parents shall h:n•e the opp "tutity to see the minor child nn her birthday,
December 17i4.
10. fhc schedules for all holidays, special occasions and vacations shall lake priority over
the usual alternating weekend schedule.
I I. Whichever parent is receiving custody shall provide the transportation.
12. Neither parent shall abuse alcohol in the presence ofthe child nor use illegal drugs. The
parcntsshall make every effort toensurethat tbirdparticsrefrain IromabusingalcoholorusingillcIal
drugs while in the presence of the child.
13. There shall be reasonable telephone access between the child and both parents. The
child shall be permitted reasonable telephone access to place calls to her parents.
14. MOTiIER shall claim the child as an exemption on her income tax returns for 2000
and in all years thereafter.
15. Both parents agree that, by their mutual consent, a modified schedule may be agreed
upon between them for and in the best interests of their minor child.
16. By mutual consent of the parents, a modified schedule may be agreed upon between
them for and in the best i.nteres!s of tltr;r minor child
17. This Order shall replace and supercede any and all prior Custody Orders, and shall
remain in full force and effect until further Order of Court.
an[l rlisle,
Pruthoa,?t.m! ?/
13Y THE COURT:
I-lonorablc Edgar B. Bayley
Order on the date inclicawd below.
Date
3-1.oi
Date
I
\Vitncss;
it ?'?
r
,N1el,ISA A. \I:\RKI[A?9
14, IU,1. i lARKIiAM
VERIFICATION
1, DAVID.). MARKILAM, vcrify 111;11 the st:.ttctncnts made in this Petition to
Jlodify Ct1stO(INI are trUC and CorrCC1. I undcrsrtnd that f;dse statements hcrCin arc
made subject to the penalties of IS Pa.C.ti. :[90=I relating ut unsworn falsification to
authorities.
Date
D;\\'ID J. \L\RI" RANI
VERIFICATION
that the ti?rc.?oiq? I'clitir»> 101'Grntcrnht;rnif
Petition tier Special Relief is true and correct u, [he best of mm• knomled belief.
I understand that thlsc c ;Intl
statements 11Crein ;Itc made subject to [fie penalties of IS
-4904 relating to unsworn f;tlsi0cation to authorities.
I?atc: March 28, 2003
CER'I'IFICA'I'E OF SERVICE
AND NOW this 28"' dad of \I:u'ch, 2003, I, Kara W. I I:IggcrnY, 1?Syuirc,
hcreb5 certify that I dill Scrcc :t u•uc and cnrreCt cop) of the Gn'cgoing PETI"rION
FOR CIVIL CONTEMPT FOR DISOB DIF_NCE OF CUSTODY ORDER
AND PETITION FOR SPECIAL RELIEF, PURSUANT TO Pa.C.S.A. Q
1915.13 upon the Rcspondcnt be depositing, or causing to be deposited, sane in the
U.S. mail, Postage prcpaicl, at CM-IiSle, PcnnSVIV;lnl;l, addresscd as follows:
I3v First-Class & Certified Mail (Restricted Delivery :
McLisa Markham
'19 'f-, W 1-ligh Strect
Carlisle, PA 17013
4 jJP lit r-
Kara VI: I laggc ty i
Attorney for Petitioner
DAVID J. MARKHAM,
PLAINTIFF
V.
i
McLISA A. MARKHAM,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-6773 CIVIL TERM
ORDER OF COURT
AND NOW, this day of November, 1999, IT IS ORDERED that
a hearing on the within petition for special relief shall be conducted in Courtroom
Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 8:45 a.m.,
Wednesday, November 24, 1999.
By the Court,
:saa
Edgar B.
i
? /1Z
' J
C
C'am'
1
:,1
DAVID J. MARKHAM,
Plaintiff
VS.
McLISA A. MARKHAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. R 9- 60773 Go LV
y 1 Gc"
CIVIL ACTION - AT LAW
CUSTODY
O R D E R
AND NOW, this day of 1999, it is hereby
Ordered and Decreed that the Plaintiff, David J. Markham, is
awarded temporary, physical custody of the parties' minor child,'
Jazmyne L. Markham, which award of custody is to be superseded by
judicial approval of a recommended order of the custody'
conciliator.
BY THE COURT:
.'^'.^:!:(?YiiG?¢IYJN.`CCYFRYI.4Y• tir.i ..-<b._y5._tlj? ?1?'.G`3111??CL?it
DAVID J. MARKHAM,
Plaintiff
VS.
McLISA A. MARKHAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - AT LAW
CUSTODY
EX PARTE PETITION FOR EMERGENCY RELIEF
The Plaintiff, David J. Markham, through his attorneys, The
Law Offices of Patrick F. Lauer, Jr., files this Ex Parte Petition
for Emergency Relief against the Defendant, McLisa A. Markham, and
in support thereof, avers the following:
1. The Plaintiff is DAVID J. MARKHAM, an adult individual
and the natural Father, who currently resides at 38 Marilyn Drive,
Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is McLISA A. MARKHAM, an adult individual
and the natural Mother, who currently resides at 49h West High
Street, Carlisle, Cumberland County, Pennsylvania 17013.
3. The Plaintiff filed a Complaint for Custody with this
Court simultaneously herewith, a copy of which is attached hereto
as Exhibit A and incorporated herein by reference, requesting
primary physical custody of the minor child Jazmyne L. Markham
(d.o.b. 12/17/96).
4. A custody conciliation conference will be scheduled
before Michael L. Bangs, Esquire, at his earliest convenience.
5. Prior to the separation of the parties, the child and
both parents lived with the Father's parents for approximately one
year.
6. Starting some two months after the parties' separation,
physical custody of the child was shared between the parents such
that each parent spent two weeks of every month with the child.
7. On July 16, 1999, the defendant dropped off the child
with Father, granting him primary physical custody by verbal
agreement.
8. During this period, the defendant's visitations consisted
of dropping off the child at Father's parents for all but twelve
hours per month.
9. On October 27, 1999, the defendant picked up the child
for an overnight visitation, with Father's tacit consent. However,
as of October 29th, the defendant has refused to permit Father any
contact with the parties' minor child.
10. The Plaintiff believes, and therefore avers, that the
defendant cannot provide adequate, stable shelter for the child;
particularly in that the defendant does not have a stable job,
stable relationship, or adequate housing. This can be corroborated)
by Michael and Lytle Markham, the child's paternal grandparents,,
inter alia.
11. The Plaintiff believes, and therefore avers, that the
Defendant is working late nights, delivering pizzas with the child
in the car.
12. The Defendant has refused to permit Father to have any
contact with the child despite repeated attempts; including, but
not limited to, telephone messages, pages, and stopping by the
defendant's apartment without response. This will be corroborated
by Tami Havens, inter alia.
13. The Plaintiff believes, and therefore avers, that the
Defendant will continue to refuse to make the child available to
the Plaintiff for visitation.
14. The child has historically resided with the Plaintiff,
who is willing and able to make the child available to the
Defendant for visitation.
WHEREFORE, the Plaintiff, David J. Markham, respectfully
requests this Honorable Court to award temporary physical custody
of the parties' minor child, Jazmyne L. Markham, to the Plaintiff
on an emergency, ex parte basis, which award of custody is to be
superseded by a recommended order of the custody conciliator.
ly_ submitted,
Date: k.19
Matthew J. Eshelman, Esquire
Law Office of Patrick F. Lauer, Jr..
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
DAVID J. MARKHAM,
Plaintiff
VS.
McLISA A. MARKHAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - AT LAW
CUSTODY
VERIFICATION
I, David J. Markham, state that I am the Plaintiff in the
above-captioned case and that the facts set forth in the attached
Ex Parte Petition are true and correct to the best of my knowledge,
information, and belief. I realize that false statements herein
are subject to the penalties for unsworn falsification to
authorities under 18 Pa. C.S. § 4940.
0.'%
?'-
Date:
EXHIBIT A
DAVID J. MARKHAM,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
McLISA A. MARKHAM, CIVIL ACTION - AT LAW
! Defendant CUSTODY
ORDER
You, McLisa A. Markham, Defendant in the above-captioned
custody action, have been sued in court to obtain custody of the
following child: Jazmyne L. Markham.
1; You are ordered to appear in person at
i
on the day of
1999, at _•M. for
_ a Conciliation or Mediation Conference.
_ a Pre-Trial Conference.
_ a Hearing before the Court.
ii If you fail to appear as provided by this order, an order for
custody may be entered against you, or the Court may issue a
warrant for your arrest.
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
Ii OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
I' CUMBERLAND COUNTY BAR ASSOCIATION
?I 2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
I! (717) 249-3166
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 ior to any themcourt. lYoueastmu72sthattendours
scheduledaconferencesorehearingSe I,
FOR THE COURT: DATE:
CUSTODY CONCILIATOR
i
i
i
n
I
I IN THE COURT OF COMMON PLEAS OF
i
DAVID J. MARKHAM, CUMBERLAND COUNTY, PENNSYLVANIA
II Plaintiff
No.
VS.
CIVIL ACTION - AT LAW t
McLISA A. MARKHAM, CUSTODY
Defendant I
COMPLAINT FOR CUSTODY
MARKHAM, through his attorneys, The
The Plaintiff, DAVID J.
files this Complaint for
III Law Offices of Patrick F. Lauer, Jr.,
nd in
against the Defendant, McLISA A. MARKHAM, asupport
thereof, avers the following: an adult individual
i, The Plaintiff is DAVID J. MARKHAM,
and the natural Father, who currently resides at 38 Marilyn Drive,
Carlisle, Cumberland County, Pennsylvania 17013.
KHAM
2, The Defendant is McLISA A. MAR, an adult individual
resides at 49;1 West High
and the natural Mother, who currently
Street, Carlisle, Cumberland County, Pennsylvania 17013.
3, The Plaintiff seeks custody, partial custody, and/or
visitation of the following child:
Awe
present Address
Name 2yrs limos
Jazmyne L. Markham Car West High Street
Carlisle, PA 17013
The child was not born out of wedlock. of McLisa A.
presently in the custody
4. The child is West High Street, Carlisle,
Markham, who currently resides at 49?t
Cumberland County, Pennsylvania 17013.
5, During the past five years, the child resided with the
I
addresses:
following persons and at the following ;I
(
is
Name
i
McLisa Markham
II
?i David Markham
Tami Havens
Dakota Trimble (5)
David Markham
iI Mike & Lytle Markham
Ben & Cydne Markham
McLisa Markham
i;
II
McLisa Markham
Address
49? W. High St.
Carlisle, PA
38 Marilyn Dr.
Carlisle, PA
2 Horners Rd
Carlisle, PA
Filbert St.
Mechanicsburg, PA
Filbert St.
Mechanicsburg, PA
Dates
10/27/99-date
7/16/99-10/27/99
shared physical
3/98-7/16/99
shared physical
3/98-7/16/99
primary physical
1/98-3/98
David Markham 2 Horners Rd. 12/17/96-1/98
McLisa Markham Carlisle, PA
Mike & Lytle Markham
Cydne Markham
6. The Mother of the child is McLisa A. Markham, who
currently resides at 49' West High Street, Carlisle, Cumberland
County, Pennsylvania 17013, with the subject of this petition. The
Mother is not married to the natural Father.
7. The Father of the child is David J. Markham, who
is
currently resides at 38 Marilyn Drive, Carlisle, Cumberland County,
Pennsylvania 17013, with Tami Havens, his fiancee, and her five
year O son, Dakota Trimble. The Father is not married to the,
natural Mother.
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 another court.
9. The Plaintiff has no information of a custody proceeding
j concerning the child currently pending in any court of this
Commonwealth.
II
10. The Plaintiff does not know of a person not a party to
the proceedings, who has physical custody of the children or claims
to have physical custody or visitation rights with respect to the
children.
11. The best interests and permanent welfare of the child
will be served by granting the relief requested because:
a). The Plaintiff can provide the child with a home
with adequate moral, emotional, and physical surroundings
as required to meet the child's needs;
b). The Plaintiff is willing to continue custody of
the child;
i
c). The Plaintiff continues to exercise parental
duties and enjoys the love and affection of the child.
12. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
(children have been named as parties to this action. All other
;,persons, named below, who are known to have or claim a right to
custody or visitation of the children will be given notice of the
pendency of this action and the right to intervene: NONE.
WHEREFORE, the Plaintiff respectfully requests that this
Honorable Court enter an Order granting custody of the child to the
Petitioner and natural Father, David J. Markham, in accordance with
any Stipulation of the parties, or in the event the parties are
i
i unable to execute such a Stipulation, to enter an Order granting
custody, partial custody, or visitation of the child to the
Petitioner.
?mitted,
Respi ctf ly^su
Matthew J
Law office
2108 Marks
Camp Hill,
Date: ID# 72655
?i
II
I?
I'
?I
FEshelman, Esquire
of Patrick F. Lauer, Jr.
t Street, Aztec Building
Pennsylvania 17011-4706
Tel. (717) 763-1800
i'
?1I
i
i
1?i
DAVID J. MARKHAM,
Plaintiff
VS.
McLISA A. MARKHAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - AT LAW
CUSTODY
VERIFICATION
I, David J. Markham, state that I am the Plaintiff in the'
(above-captioned case and that the facts set forth in the above
Complaint for Custody are true and correct to the best of my
knowledge, information, and belief. I realize that false
I.
statements herein are subject to the penalties for unsworn
! I
falsification to authorities under 18 Pa. C.S. § 4940.
I
Date:
i
1.
I
l
:I
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
Defendant
CIVIL ACTION LAW
NO. CIVIL 19 `t`1
CUSTODY VISITATION
ORDER OF COURT
And now, this i L-? F19, upon consideration of the attached complaint, it is hereby dire ted
that the above parties and their respective counsel appear before 00-u-r- \ L . Ec
Esquire, the conciliator, at '?)n J ?l` L l lm
Pennsylvania, on the 17+1-1 day of at ' CO nk=/ P.M.,
for a Pre-hearing Custody Conference. At such nference, 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 be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
Custody Conciliator l? l
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-500-990-9105
<?? r ??
DAVID J. MARKHAM,
Plaintiff
VS.
McLISA A. MARKHAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 9 g-l, 77,3
CIVIL ACTION - AT LAW
CUSTODY
ORDER
You, McLisa A. Markham, Defendant in the above-captioned
custody action, have been sued in court to obtain custody of the
following child: Jazmyne L. Markham.
You are ordered to appear in person at
on the day of
1999, at _.M. for
_ a Conciliation or Mediation Conference.
a Pre-Trial Conference.
a Hearing before the Court.
If you fail to appear as provided by this Order, an Order for
custody may be entered against you, or the Court may issue a
warrant for your arrest.
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
(717) 249-3166
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 hearing or business before
the court. You must attend the scheduled conference or hearing.
FOR THE COURT: DATE:
CUSTODY CONCILIATOR
DAVID J. MARKHAM,
Plaintiff
VS.
McLISA A. MARKHAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - AT LAW
CUSTODY
COMPLAINT FOR CUSTODY
The Plaintiff, DAVID J. MARKHAM, through his attorneys, The
Law Offices of Patrick F. Lauer, Jr., files this Complaint for
Custody against the Defendant, McLISA A. MARKHAM, and in support
thereof, avers the following:
1. The Plaintiff is DAVID J. MARKHAM, an adult individual
and the natural Father, who currently resides at 38 Marilyn Drive,
Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is McLISA A. MARKHAM, an adult individual
and the natural Mother, who currently resides at 49h West High
Street, Carlisle, Cumberland County, Pennsylvania 17013.
3. The Plaintiff seeks custody, partial custody, and/or
visitation of the following child:
Name Present Address Aqe
Jazmyne L. Markham 49? West High Street 2yrs llmos
Carlisle, PA 17013
The child was not born out of wedlock.
4. The child is presently in the custody of McLisa A.
Markham, who currently resides at 49h West High Street, Carlisle,
(Cumberland County, Pennsylvania 17013.
5. During the past five years, the child resided with the
following persons and at the following addresses:
Name
McLisa Markham
David Markham
Tami Havens
Dakota Trimble (5)
David Markham
Mike & Lytle Markham
Ben & Cydne Markham
McLisa Markham
McLis a Markham
David Markham
McLis a Markham
Mike & Lytle Markham
Cydne Markham
Address
49' W. High St
Carlisle, PA
38 Marilyn Dr
Carlisle, PA
2 Horners Rd.
Carlisle, PA
Filbert St.
Mechanicsburg, PA
Filbert St.
Mechanicsburg, PA
2 Horners Rd.
Carlisle, PA
Dates
10/27/99-date
7/16/99-10/27/99
shared physical
3/98-7/16/99
shared physical
3/98-7/16/99
primary physical
1/98-3/98
12/17/96-1/98
6. The Mother of the child is McLisa A. Markham, who
currently resides at 49' West High Street, Carlisle, Cumberland I
County, Pennsylvania 17013, with the subject of this petition. The
Mother is not married to the natural Father.
7. The Father of the child is David J. Markham, who
currently resides at 38 Marilyn Drive, Carlisle, Cumberland County,
Pennsylvania 17013, with Tami Havens, his fiancee, and her five
year old son, Dakota Trimble. The Father is not married to the
natural Mother.
g. The Plaintiff has not participated as a party or witness,
II
Dior in another capacity, in other litigation concerning the custody
l. of the child in this or another court.
y
Y
4
i'
9. The Plaintiff has no information of a custody proceeding
concerning the child currently pending in any court of this
Commonwealth.
10. The Plaintiff does not know of a person not a party to
the proceedings, who has physical custody of the children or claims
to have physical custody or visitation rights with respect to the
children.
11. The best interests and permanent welfare of the child
will be served by granting the relief requested because:
a). The Plaintiff can provide the child with a home
with adequate moral, emotional, and physical surroundings
as required to meet the child's needs;
b). The Plaintiff is willing to continue custody of
the child;
c). The Plaintiff continues to exercise parental
duties and enjoys the love and affection of the child.
12. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
children have been named as parties to this action. All other
persons, named below, who are known to have or claim a right to
custody or visitation of the children will be given notice of the
pendency of this action and the right to intervene: NONE.
WHEREFORE, the Plaintiff respectfully requests that this
Honorable Court enter an Order granting custody of the child to the
Petitioner and natural Father, David J. Markham, in accordance with
any Stipulation of the parties, or in the event the parties are
unable to execute such a Stipulation, to enter an Order granting
custody, partial custody, or visitation of the child to the
Petitioner.
tted,
Date:
Matthew'J.jEshelman, Esquire
Law Office of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
DAVID J. MARKHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. No.
McLISA A. MARKHAM, CIVIL ACTION - AT LAW
Defendant CUSTODY
VERIFICATION
I, David J. Markham, state that I am the Plaintiff in the
above-captioned case and that the facts set forth in the above
Complaint for custody are true and correct to the best of my
knowledge, information, and belief. I realize that false
statements herein are subject to the penalties for unsworn
falsification to authorities under 18 Pa. C.S. § 4940.
Date:
_??' J ??
UCT 2 0 2000f
DAVID J. MARKFIAM )
Plaintiff )
VS. )
ME-LISA A. MARKHAM
Defendant )
IN TI IE COURT OF COMMON PLEAS
01' CUM13ERLAND COUNTY.
PENNSYLVANIA
NO. 1999-6773 CIVIL T ERM
CUSTODY/VISITATION
ORDER OF COURT
AND NOW this 17?4, day of , 2000, having not heard from
the parties for some time, the undersigned Conciliator assumes the matter has been resolved and
hereby relinquishes jurisdiction of the case. If either of the parties wishes further proceedings in
this action, they should petition the Court anew.
FOR TI IE COURT,
MICI-IAEL L. BANGS
Custody Conciliator
_..?..r _
. .. .._ ..
DAVID J. MARKIIAM IN TI IE C'OURTOF COMMON PLEAS OF
PLAINTIFF CUNIBERLAND COUNTY. PENNSYLVANIA
V.
MELISSA A. MARKIIAM
99-6773 CIVII. AC'T'ION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, this 25th day of January . 200 L upon consideration of the attached Complaint.
it is hereby directed that the parties and their respective counsel appear before llubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on the 2nd day of March , 2001, at 8:30 a.m.
for a Pre-liearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute: or
if this cannot be accomplished, to def inc and na1T0w 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 permanent order.
FOR TIIE COURT.
By: /s/ HiberLX._G_ilroy
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible theilides 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 ATIORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR T'ELEIIIiONE THE OI'hICE S1 7T
FORTH BELOW TO FIND OU'T' WIIERE YOU CAN GI 1' LEGAL
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
1
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??.,. . ?
?/
ORDER OF COURT
AND NOW, this day of , 2001,
upon consideration of the attached Complaint, it is hereby
directed that the parties and their respective counsel appear
before the Conciliator, at
on the day
of 2001, at _.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. 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, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID J. MARKHAM,
Plaintiff/Respondent
No. 99-6773 Civil Term
V.
McLISA A. MARKHAM,
Defendant/Petitioner IN CUSTODY
PETITION FOR CUSTODY CONCILIATION CONFERENCE
NOW COMES, McLISA MARKHAM, Defendant/Petitioner, by and
through her attorney, Maryann Murphy, Esquire, of MidPenn Legal
Services, and avers as follows:
1. Petitioner is McLISA MARKHAM who resides at 49 % West
High Street, Carlisle, Cumberland County, Pennsylvania.
2. Respondent is DAVID J. MARKHAM who resides at 38 Marilyn
Drive, Carlisle, Cumberland County, Pennsylvania.
3. Respondent is represented by Matthew Eshelman, Esquire.
4. Petitioner and Respondent a re the parents of one (1)
minor child, namely; JAZMYNE L. MARKHAM, born December 17, 1996.
5. A Conciliation Conference was scheduled for February 17,
2000. This Conference was canceled because Petitioner and
Respondent had agreed to execute a Stipulation for Entry of Custody
order.
6. On February 17, 2000, Petitioner did execute the
stipulation, however, Respondent has filed to do so, or has failed
to provide the fully executed stipulation to counsel for Petitioner
for filing.
7. Petitioner requests that the custody schedule agreed
upon by the parties, and followed by the parties since February,
become an order of Court.
8. The current order of Court was issued pending the
Conciliation Conference and pursuant to a Petition for Emergency
Relief .
9. Petitioner requests that another Conciliation Conference
be scheduled to have the custody schedule currently followed by the
parties become an order of court.
WHEREFORE, Petitioner, through her counsel, requests a Custody
Conciliation conference be scheduled.
Respectfully submitted:
By:
Maryanril Murphy, Esqu .re f
Mid Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Attorney I.D. #61900
Attorney for Defendant/Petitioner
%rERI._. ?CATION
I, the undersigned, do hereby verify that the statements made
in the foregoing instrument are true and correct to the best of my
knowledge, information and belief. I understand that statements
herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
McLISA A. MARKHAM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID J. MARKHAM,
Plaintiff /Respondent
V. No. 99-6773 Civil Term
McLISA A. MARKHAM,
Defendant/Petitioner IN CUSTODY
CERTIFICATE OF SERVICE
I, Maryann Murphy, Esquire, do hereby certify that on the
day of 2000 I served a true and correct copy
of the foregoing Petition on counsel for the Plaintiff, Matthew J.
Eshelman, Esquire, at the address set forth below, by placing a
copy of same in the United States Mail, first class, postage
prepaid.
Matthew J. Eshelman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, PA 17011-4706
Respectfully submitted,
(1/k l.w , (4v A1` l i J- 1 6
MaryanA Murphy, Esq ire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 540-8600
I.D. 4 61900
a; 1) f
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C SO
Tr .cfiU
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(AAR 9 r, ?.00 f?./?
DAVID J. MARKI IAM. IN'rl IC COUR'1'01' COM\-ION PLEAS OI'
Plaintiff CUM131--IZLAND COUNTY. PENNSYLVANIA
v : CIVIL ACTION - LAW
MELISSA A.MARKIIAN. NO.99-6773 CIVIL.
Defendant N CUSTODY
COURT ORDER
AND NOW. this ),j day of March. 2001, alier the Conciliator being advised that the parties
have reached an agreement, the Conciliator relinquishes jurisdiction.
BY THE COURT.
Flubert X. Gilro Esquire
Custody Con ' iator
i
_ ri
ui i;'" -8 -;112: St,
CUi. 7 (CUNTY
PrP;'r&LVAN'A
DAVID J. MARKI[AM IN TI Ili C'OUR'T OF COMMON PLHAS Of'
PLAIN'T'IFF C UN1BERLAND COUNTY. PENNSYLVANIA
V. 99-6773 CIVILAC"I'IONLAW
MELISA A. MARKHAM
IN CUS'T'ODY
DrFENDANT
ORDER OF COURT
AND NOW, Thursday, April 03, 2003 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before __ftuberl S. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle oil Friday, May 09, 2003 at 9:30 AM
for a Pre-licaring Custody Conference. At such conlcrcncc, 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 live or older may also be present at the conference. Failure to appear at the conlcrcncc may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR'flIE COUR'T'.
ey: lsl UffkrL?1rQx1.E.tt1. v
Custody Conciliator
'Fhe Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our off ice.
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 Sl IOULD "TAKE'r1ITS PAPER TO YOUR ATI'ORN13Y A'r ONCE. IF YOU DO NO"r
I IAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO -1-0 OR TELEPIiONE'I1IE OFFICE SET
FORTI I BELOW TO FIND OU'r WHEIZE YOU CAN Gl- I' LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle.l'ennsylvania 17013
Telephone (717) 249-3166
y-3.03 ?
?Y / G
DAVID J. MARKH:\\1, . IN'ITPIIs COURT' Ol,' COMMON 131.131\S
Plaintiff . CU\IBI?Iti,AND (:OUNTY, VA
%' . NO. 99-6773 CIVII.'1'I:R\I
i\Ic]_.ISr\ :\. \l:\RIQ [A\1, . CIVIL ACl'ION -1 AW
Defendant IN DIVORCI3
ORDER OF COURT
AND NOW, this day of , 2003, upon consideration of
the attached Petition to Modify Custody, it is hereby directed that the parties and their
respective counsel appear before
the conciliator, at on the day of
2003, at -.m., fora Pre-Pleating 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. If you fail to appear as provided by this Order,
an Order for custody, partial custody or visitation may be entered against you or the
Court may issue a warrant for your arrest.
MI T'1-113 COURT,
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.
CUM1313R1,r\ND COUN'T'Y BAR ASSOCIATION
32 SOUTH 1313DI'ORD
CARI.ISLI?, I)A 17013
(717) 249-3166 Olt (800)990-9103
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Conunon Pleas of Cumberland CUUnI)' is rcquirctl by law to
comply with the Americans with Disabilities Act of 1990. I;or information about
accessible facilities and reasonable accommodations available to disabled individuals
having business before the court, please contact our office. All arrangements nutst be
made at Icast 72 hours prior to any hearing or btlSlnesS before the court. You must
attend the scheduled conference or hearing.
DAVID J. mAltla-lAm,
Plaintiff
i\ CHSA A. \IARKI- Am,
Defendsuit
IN T II? COURT' OFCOMMON PIYAS
CU,MBFRI.AND COUNTY, P;\
NO. 99-6773 CIVII.'1'I3R\I
CIVIL. ACTION - LAW
IN DIVORCE
PETITION TO MODIFY CUSTODY
AND NOW, the Plaintiff, David j. Markham, by and through his attorney,
Kara W. Haggerty, I3squirc, avers the following:
1. The petition of David j. Marka n, Plaintiff, respectfully represents that on
March 12, 2001 :in Order of Court was entered for partial custody (a true
and correct copy of which is attached).
2. This Order should be modified beC7luse:
a. T] ic parties' minor child spends a significant amount of overnight
time with the paternal grandmother.
b. Mother/Defendant has requested changes in the current Custody
Order so that she is able to participate in extracurricular activities.
c. Any time the Mother/Defendant is unable to exercise periods of
custody with the parties' minor child, then that time should be
granted to the father/Plaintiff to exercise periods of custody with
the parties' minor child.
d. The current custody arrangement has affectecl the psu'ticS' minor
child's extracurricular activities, specifically, Monday night activities.
e. :\ modification extending Fauhcr/Plaintiff's visitation to'1'ucsday
morning would resolve any conflict with the parties' minor child' s
SChedule.
WHEREFORE, the Petitioner rc(IucstS that, in the best interest of the parties'
minor child, this Honorable Court modify the existing Order of Court.
Respectfully submitted,
DA*rr 3-gF' 07
Moo&KumiI as, L.L.P.
)? 1ZIJW
Kara \Y. Ha`t,?t,*crty 1
ID Vtt?86914
8 South Hanover Street, Suite 204
Carlisle, PA 17013
(717) 2=49-0900
Attorney for Plaintiff
•;/.i j; ..p tt %1111: ?t
n°
INI T ll COURT OP CONIXION PLEAS OP C11MI313RI.AND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID,1. MAIWI M,
Plaintiff
v.
McLISA A. iMARKIIANI,
Defendant
No. 99-6773 CIVIL TERYI
: IN, CUSTODY
ORDER OF COURT
AND NOW this _ day of ? 11?.C? 1'0111 2001, upon presentation of the
attached Stipulation for Entry ol'Custody Order. IT IS IIEREBY ORDERED AND DECREED
that custody ofthe minorchild, JAZtNIYNE L. tMARKIIANI, bom December 17, 1996, is awarded
as follows:
1. The parents shall share legal custody of their child. ,1ALMYNE.
2. MOITI R shall have primary physical custody of the minor child.
.1. FATHER shall have partial physical custody of the minor child on alternate weekends
Iron "Thursday at 6:00 p.m. until Monday at 6:00 p.m. beginning March I, 2001; and on alternate
Thursdays at 6:00 p.m. until Friday at 6:00 p.m. beginning March S. 2001.
d. MOTI IER and FAIT IER shall each have two (2) consecutive uninterrupted weeks of
summer custody with the minor child each year. 'The parents shall give each other thirty (30) days
written notice of their chosen weeks for summer custody. In the event that both parents choose the
same weeks, the parent who gives first notice shall prevail.
5. 'The holidays of\ew Year's Day. Memorial Day, the Fourth ofJuly and Labor Day shall
be alteniated between the parents each year, regardless ofthc usual schedule. The hours shall be from
6:00 p.m. the evening before the holiday until 6:00 p.m. on the holiday, except that consideration shall
be given for special instances such as fireworks.
In 2000 and in all even years thereafter, FATI IER shall have New Year's Day and the fourth
of.luly and %40TI-IER shall have Memorial Day and Labor Day.
In 2001 and in all odd years thereafter. MOTHER shall have New Year's Day and the Fourth
of July and FATHER shall have Memorial Day and Labor Day.
6. The parents shall alternate the holidays of Easter and Thanksgiving each year, regardless
of the usual schedule. The hours shall be from 6:00 p.m. the evening before the holiday until 6:00
p.m. on the holiday.
In 2000 and in all even years thereafter, FATHERshall have Easterand MOTHER shall have
Thanksgiving.
In 2001 and in all odd years thereafter, MOTHER shall have Easter and FATHER shall have
Thanksgiving.
7. The Christmas holiday shall be divided into two (2) segments. Segment "A" shall be
from noon on Christmas Eve until noon on Christmas Day. Segment "I3" shall be from noon on
Cltristnias Day until noon as Dece e: ^5'n
In 2000 and in all even years thereafter. FATHER shall have Segment "A" and MOTHER
shall have Segment -13".
In 2001 and in all odd years thereafter, MOTHER shall have Segment "A" and FATHER steal I
have Segment -13".
3. NIOTI IER shall have the minor child on 10other's Day and FATHER shall have the
minor child on Father's Day, regardless of the usual schedule. These hours shall be from 6:00 p.m.
the Sattfrday before the holiday until 6:00 p.m. the day of tlic holiday.
9. Both parents shall have the oppo aunty to see the minor child on her hirthdav,
December 17'h.
10. "fhe schedules for all holidays, special occasions and vacations shall take priorityover
the usual alternating weekend schedule.
11. Whichever parent is receiving custody shall provide the transportation.
12. Nei ther parent shalIabusealcohoIintlie presence ofthechi Idnor use iIlegal drugs. Tile
parents shall make every effort to ensure that third; artics refrain from abusing alcohol or using, i Ile-al
drugs while in the presence of the child.
13. There shall be reasonable telephone access between the child and both parents. The
child shall he permitted reasonable telephone access to place calls to her parents.
14. MOTI IER shall claim the child as an exemption on her income tax returns for 2000
and in all years thereafter.
15. Both parents agree that, by their mutual consent, a modified schedule may be agreed
upon between them for and in the best interests of their minor child.
16. By mutual consent of the parents, a modified schedule may be agreed upon bet%vccn
them for and in the b::st;-itcrems of tho^r minor child
17. This Order shall replace and supercede any and all prior Custody Orders, and shall
remain in full force and effect until further Order of Court.
F ,
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BY THE COURT:
I lonorable. Edgar B. Bayley
Order on the date indicated below.
Date
3.1.01
Date
Witness;
C kitnu *itl
McLISA A. MARKHAM
+'L-
- " ?, Z?, Z, ? DAVID.J. IARKIiAM
VERIFICATION
!, D_1VID). \I:\RKI I:\\I, verify that the statements made in this Petition to
\lodifl• Custody are true and correct. I understand that false statements herein are
made subject to the penalties of l3 Pa.C.S. \=4904 relating to unsworn falsification to
authorities.
Date 3 o? -0-? /
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11
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DAVID J. MARKHAM,
Plaintiff
V.
McLISA A. MARKHAM,
Defendant
ORDER OF COURT
AND NOW, this 14th day of April, 2003, this matter
i
having been called on a petition to hold defendant in contempt
for failure to provide plaintiff with Jazmyne from Thursday
evening, March 27th, through Saturday evening, March 29th, and
finding that defendant failed to provide the child to plaintiff
as required under the custody order of March 12, 2001, I
adjudicate defendant in contempt.
The two days shall be made up from Friday evening,
April 18, 2003, to Sunday evening, April 20, 2003. So on
plaintiff's upcoming weekend, which would normally be from
Thursday evening, April 17th, to Friday evening, April 18th,
that weekend shall be extended from Thursday evening, April
17th, through Sunday evening, April 20th.
The petition to modify the order on this current
motion, IS DENIED. The petition for modification shall be held
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
. 99-6773 CIVIL TERM
as scheduled before a conciliator on May 9, 2003.
By the Court,
/xara W. Haggerty, Esquire
For Plaintiff
eLisa Markham
49 1/2 W. High Street
Carlisle, PA 17013
Edgar B
ey,
Sheriff
prs
? RKs
i
DAVID J. MARKHAM, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
McLISA A. MARKHAM,
DEFENDANT 99-6773 CIVIL TERM
ORDER OF COURT
AND NOW, this '_day of November, 1999, this matter being
before the court on a petition for emergency relief pending a conciliation conference set
for February 17, 2000, and the parties having reached an agreement, IT IS ORDERED:
(1) Pending further order of court, the mother shall have Jazmyne L.
Markham, born December 17, 1996, except as follows:
(a) The father on Thanksgiving from 10:00 a.m. until 3:00 p.m.
(b) On Friday, November 26, 1999, the father from 5:30 p.m. until Monday
at 8:00 a.m. The father shall pick up and deliver Jazmyne.
(c) The father from Tuesday, December 7, 1999, at 5:30 p.m. until Friday
at 8:00 a.m. The father shall pick up Jazmyne and the mother shall return
her.
(2) This schedule shall alternate thereafter except at Christmas when the
mother shall have Jazmyne from 10:00 a.m. December 24 until 10:00 a.m. December
25.
(3) The parties shall have shared legal custody of Jazmyne.
By the Court,
Edgar B. Bayley, J.
r
Matthew Eshelman, Esquire
For Plaintiff
Joan Carey, Esquire
For Defendant
saa
DAVID .1. MARKHAM,
Plaintiff No. 99-6773 CIVIL TERM
V.
: IN CUSTODY
McLISA A. MARKHAM,
Defendant
ORDER OF COURT
AND NOW. this -12- day of V-CO-i; . 2001. upon presentation of the
attached Stipulation for Entry of Custody Order. IT IS HEREBY ORDERED AND DECREED
that custody of the minor child, JAZMYNE L. MARKHAM, born December 17.1996, is awarded
as follows:
The parents shall share legal custody of their child. JAZMYNE.
2. MOTHER shall have primary physical custody of the minor child.
3. FATHER shall have partial physical custody of the minor child on alternate weekends
from Thursday at 6:00 p.m. until Monday at 6:00 p.m. beginning March 1.2001; and on alternate
'fhursdays at 6:00 p.m. until Friday at 6:00 p.m. beginning March 8. 2001.
=1. MOTHER and FATI-IER shall each have two (2) consecutive uninterrupted weeks of
summer custody with the minor child each year. The parents shall give each other thirty (30) days
written notice of their chosen weeks for summer custody. In the event that both parents choose the
same weeks. the parent who gives first notice shall prevail.
5. The holidays of New Ycar's Day. Memorial Day. the Fourth of July and Labor Day shall
i'
he alternated between the parents each year. regardless ofthe usual schedule. The hours shall be from
6:00 p.m. the evening bef ore the holiday Until 6:00 p.m. on the holiday, except that consideration shall
works.
be given for special instances such as Fireworks.
In 2000 and in all even years thereafter. FATI IER shall have New Year's Day and the Fourth
of.luly and MOTHER shall have Memorial Day and Labor Day.
In 2001 and in all odd years thereafter, MOTHER shall have New Year's Day and the Fourth
of July and FATFIER shall have Memorial Day and Labor Day.
6. The parents shall alternate the holidays of Easter and Thanksgiving each year, regardless
of the usual schedule. The hours shall be from 6:00 p.m. the evening before the holiday until 6:00
p.m. on the holiday.
In 2000 and in all even years thereafter. FATHER shall have Easterand MOTHER shall have
Thanksgiving.
In 2001 and in all odd years thereafter. MOTHER shall have Easter and FATHER shall have
Thanksgiving.
The Christmas holiday shall be divided into two (2) segments. Segment "A" shall be
from noon on Christmas Eve until noon on Christmas Day. Segment "B" shall be from noon on
Christmas Day until noon on December 26".
In 2000 and in all even years thereafter. FATHER shall have Segment "A" and MOTHER
shall have Segment " B".
In 2001 and in all odd years thereafter. MOTI IER shall have Segment "A" and FATHER shall
have Segment "B".
s. MOTHER shall have the minor child on Mother's Day and FATHER shall have the
minor child on Father's Day. regardless of the usual schedule. These hours shall be from 6:00 p.m.
the Saturday before the holiday until 6:00 p.m. the day ol'the holiday.
9. Roth parents shall have the ophortuniq to see the minor child on her birthday.
December 1 Th.
10. ThescheduleslbrallhoIidays.specialoccasionsandvacationsshalItake priori tyover
the usual alternating weekend schedule.
11. Whichever parent is receiving custody shall provide the transportation.
12. Neither parent shall abuse alcohol in the presence of the child nor use illegal drugs. The
parentsshall makeeweryelTort to cnsurethatthird parties rel'rain li-om abusingalcohol orusing illegal
drugs while in the presence of the child.
13. There shall be reasonable telephone access between the child and both parents. The
child shall be permitted reasonable telephone access to place calls to her parents.
14. N10T I IER shall claim the child as an exemption on her income tax returns for 2000
and in all years thereafter.
15. Roth parents agree that. by their mutual consent. a modified schedule may be agreed
upon between them for and in the best interests of their minor child.
16. By mutual consent of the parents. a modified schedule may be agreed upon between
them for and in the best interests of their minor child.
17. fhis Order shall replace and supercede any and all prior Custody Orders. and shall
remain in full Ibrec and elTect until further Order of Court.
BY THE COUR]'%,
I lonorable I tl r/13. Bayle\
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IN T 11F COURT OF COMi%ION PLFAS OP CU.AIlll?RL:AND C'Ol ?N II'. PENNSYLVANIA
CIVIL AC"IION - LAW
DAVID .1. MARKHAM,
Plaintiff No. 99-6773 CIVIL TERM
1.
McLISA A. MARKIIAM,
Defendant
IN CUSTODY
STIPHLA•ri0N FOR E•.NrRY Or A CUSTODY ORDER
McLISA A. INIARKIIAM (hereinafter relcrred to as -MOTHER" ). and DAVID .1.
MARKHAM (hereinafter referred to its "FATHER"). clesiring to amicably settle and resolve all
outstanding issues concerning custody %\ith respect to.IAZMYNE. L. NIARKI IAM, born December
17. 1996. the minor child inyolyed in this action, hereby stipulate and agree to the entryofan Order
of Court murditte custody ot'JAZIMYNE as fbllo%ys:
1. The Parents agree to share legal custody of their child..IAZiNlYNE.
2. The parents agree that I9OTI IL'• R shall have primary physical custody of the minor child.
3. The parents agree that FAT[ IFR shall have partial physical custody of the minor child
on alternate \%eekends from Thursday at 6:00 p.m. until Ntonday at 6:00 p.m. beginning Nlarch 1.
2001: and on alternate Thursdays at 6:00 p.m. until Prida\ at 6:00 p.m. beginning March S. 2001.
4. MOTIIER and I'AI'I IER agree that each shall have Nco (2) consecutive uninterrupted
tyeeks ofsununercustoeh• \rith the III inot- cltiId each }.car. The parents shall give each other thirty (30)
clays written notice oftheir chosen %ccck, liar summer custody. In the event that both parents choose
the same weeks. the parent who gives first notice shall prevail.
MOTHER and I-ATHER agree that the holidays of New Year's Day, Memorial Day,
the Fourth ol'July and Labor Day shall be alternated between them each year. regardless ofthe usual
schedule. "file hours shall be from 6:00 p.m. the evening before the holiday until 6:00 p.m. on the
holiday. except that consideration shall be given for special instances such as fireworks.
In 2000 and in all even years thereafter. FATHER shall have New Year's Day and the Fourth
ol'July and MOTI IER shall have Memorial Day and Labor Day.
ht 2001 and in al I odd years thereafter. MOTHER shall have New Year's Day and the Fourth
of July and FATHER shall have Nlentorial Day and Labor Day.
6. The parents agree to alternate the holidays of Easter and Thanksgiving each year,
regardless of the usual schedule. The hours shall be from 6:00 p.m. the evening before the holiday
until 6:00 p.m. on the holiday.
In 2000 and in all even years thereafter. FATHER shall have Easterand MOTHER shall have
Thanksgiving.
In 2001 and in all odd years thereafter. MO"fI lER shall have Easter and FATHER shall have
Thanksgiving.
'file parents agree that the Christmas holiday shall be divided into two (2) segments.
Segment "A" shall be from noon on Christmas Eve until noon on Christmas Day. Segment "B" shall
be from noon on Christmas Day until noon on December 26"i.
In 2000 and in all even years thereafter. FATI IER shall have Segment "A" and MOT14ER
shall have Segment "B"
In 2001 and i n all odd years thereafter. MOTHER shall have Segment "A" and FAT 1 ER shall
have Segment -11".
S. The parents agree that MOTI II?R shad) have the minor child on \9otlner's Day and
pA'I'I INZ shall have the minor child nn I:ather-'s Day. regardless of the usual schedule. These hours
shall be front 6:00 p.nt. the Saturday before the holiday until 6:00 P.M. the day 01"111C holidm.
9. 1%90'1'IiLR and PATiIL'R agree that they shall both have the opportunity to sec the
minor child on her birthday. December 17!h.
10. 'file parents agree that the schedules for all holidays, special occasions and vacations
shall take priority over the usual alternating weekend schedule.
11. The parents agree that whoever is receiving custody shall provide the transportation.
12. The parents agree that neither shall abuse alcohol in the presence of the child nor use
illegal drugs.'Che parents shall make every eflort to cnsurc that third parties refrain front abusing
alcohol or using illegal druUs while in the presence of the child.
1 i. The parents agree that there shall be reasonable telephone access between the child and
both parents. 'file child shall be permitted reasonable telephone access to place calls to her parents.
14. The parents agree that NIOT J II-It shall claim the child as an exemption on her income
tax returns for 2000 and in all years thereafter.
15. Both parents agree that. by their mutual consent. I modified schedule may be agreed
upon between them for and in the best interests of their minor child.
16. The parents agree that this Agreement shall be submitted to the Court of Common
Pleas of Cumberland County li r approval and for entry of an Order awarding custody as set forth
herein. and the parents hereby request that this I lonorable Court enter such an Order.
IN ll'/TiVESSWHEREOF. the parties haveexecuted this Stipulation for Entry ofaCustody
?, t
Order on the date indicated bela%%•.
?v t
Date
3.1-DI
Date
I r r, ?T
Wiutessl l
*r,t,,,
AIcLISA A. MARKHANI
tCt. `s?.• tiles a, PL?-?
1 AVID.1. IARKHAM
.,,
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i .
DAVID J. MARKHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
McLISA A. MARKHAM, CIVIL, ACTION - LAW
Defendant N0. 99-6773 CIVIL TERM
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the
HONORABLE J. WESLEY OLER, JR., J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Wednesday, June 11, 2003, commencing at 1:30 p.m.
in Courtroom Number One
APPEARANCES:
Kara W. Haggerty, Esquire
For the Plaintiff
Michael J. Whare, Esquire
For the Defendant-
FOR THE PLAINTIFF
McLisa Wiesnieski
Linda Brenneman
Tami A. Markham
David J. Markham
INDEX TO WITNESSES
DIRECT CROSS REDIRECT RECROSS
11 24 36 --
40 45 --
48 60 68 71
73 86 92,94 93,95
INDEX TO EXHIBITS
FOR THE PLAINTIFF MARKED ADMITTED
96
Ex. No. 1 - order of court
FOR THE DEFENDANT MARKED ADMITTED
Ex. No. 1 - progress report 34 96
35 96
Ex. No. 2 - school documents
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
THE COURT: This is the time and place for a
hearing on the Plaintiff's petition for a modification of
custody in the case of Markham versus McLisa A. Wiesnieski
at No. 99-6773 Civil Term.
We will let- the record indicate that the
Defendant, Mrs. Wiesnieski, is present in court represented
by Michael Whare, Esquire. The Plaintiff, Mr. Markham, is
present in court represented by Kara Haggerty, Esquire.
Initially I would note that a motion in limine was
filed on behalf of the Plaintiff asking that all evidence or
testimony by witnesses on behalf of the Defendant be
excluded and asking for attorney's fees based on the absence
of a pretrial or prehearing custody memorandum from the
Defendant.
I will indicate that a prehearing memorandum has
now been received as of this morning from Ms. Wiesnieski's
counsel. Mr. Whare, did you want to respond to the motion
in limine?
MR. WHARE: Yes, Your Honor. Obviously we're
opposed to that motion in that I was just recently retained
by Ms. Wiesnieski yesterday afternoon at approximately 3:00
or so.
As soon as I was retained by her, this morning we
faxed over approximately by 9:30, 9:45 a pretrial or trial
memorandum for Ms. Haggerty, and I just received hers
3
1 yesterday from my client, so I really don't think there's
2 much prejudice.
3 THE COURT: Ms. Haggerty, do you want to
4 support your motion?
5 MS. HAGGERTY: Yes, Your Honor, in response
6 to Mr. Whare's allegation of just receiving my trial
7 memorandum. Due to the fact that I was never notified that
8 Ms. Wiesnieski had counsel, my trial memorandum was served
9 directly on the Defendant herself.
10 Also, Your Honor, a custody conciliation
11 conference was held on May 9th in this matter, and once it
12 was determined that the matter would be referred to Court,
13 the custody conciliator, Mr. Gilroy, did make it
perfectly
19 clear to both parties that trial memorandums would be
15 required, and if Ms. Wiesnieski continued to represent
16 herself that it would be her obligation to file the
17 memorandum with the Court within the time periods specified
18 in his court order.
19 In addition that's also outlined in his court
20 order that was presented to the Court, which I did ensure
21 that she was served with as well as the Court serving her
22 with that court order to make her well aware of her
23 obligations.
29 And certainly for those reasons I would request
25 that any testimony or evidence by the Defendant be precluded
4
1 from today's proceeding.
2 In the alternative or in addition we would be
3 requesting attorney's fees due to the nature of having to
4 file this motion at all in preparing for today's matter.
5 THE COURT: Thank you. Given the
6 circumstances under which Mr. Whare became involved in the
7 case and the lack of an indication of prejudice to the
8 Plaintiff, we will enter this order.
9 And now, this 11th day of June, 2003, upon
10 consideration of Plaintiff's Motion in Limine, the motion is
11 denied.
12 I had given to counsel a paper inquiring as to
13 certain basic facts in the case which, if they can be
14 stipulated to, will save a great deal of time. Are counsel
15 able to stipulate to some of the basic background
16 information?
17 MS. HAGGERTY: Yes, Your Honor.
18 THE COURT: Ms. Haggerty, do you want to
19 recite the stipulations?
20 MS. HAGGERTY: Certainly. The name of the
21 Plaintiff is David Markham, David J. Markham. His address
22 is --
23 THE COURT: David J. Markham.
24 MS. HAGGERTY: I'm sorry, Your Honor.
25 THE COURT: That's all right.
5
I MS. HAGGERTY: The address is 60 Faith
2 Circle, Carlisle, Pennsylvania.
3 THE COURT: Is that Cumberland County?
9 MS. HAGGERTY: Yes, it is. He is age 25.
5 March 8th, 1978, is his birth date. He is employed with PPG
6 Industries as a laborer..
7 THE COURT: All right.
8 MS. HAGGERTY: Mr. Markham is currently
9 married. His wife's name is Tami Markham. T-a-m-i is the
10 spelling of her name. They were married on July 8th, 2000,
11 and they currently are married.
12 The parties in this case were married -- the date
13 of that marriage we'll let the Defendant speak to that date.
14 THE COURT: All right. Mr. Whare, can you
15 give the date of the marriage between Mr. Markham and Ms.
16 Wiesnieski?
17 MR. WHARF: Yes, Your Honor, July 5th, 1997,
18 is the marriage date for Mr. Markham and Ms. Wiesnieski.
19 THE COURT: All right. And the date of
20 separation?
21 MR. WHARE: Date of separation was around
22 April of 1998.
23 THE COURT: All right. And is Ms. Wiesnieski
29 remarried?
25 MR. WHARE: Yes, she is, Your Honor.
6
THE COURT: And the date of her remarriage?
1
MR WHARF: She was married on October 4th of
2 .
3 2002.
4 THE COURT: And her husband's name is?
5 MR. WHARE: Christopher Wiesnieski,
6 Christopher F.
7 THE COURT: And are any children born of the
8 new marriage?
9 MR. WHARE: Yes, Your Honor.
10 THE COURT: All right.
11 MR. WHARE: Cyerra Skye Wiesnieski,
12 C-y-e-r-r-a S-k-y-e. She 's two months old.
13 THE COURT: Date of birth?
14 MR. WHARE: March 27th, 2003.
15 THE COURT: Okay. Ms. Haggerty, are there
16 any children born of your client's marriage, present
17 marriage?
18 MS. HAGGERTY: The present marriage, they are
19 currently expectin g a child in September of this year.
20 THE COURT: Okay.
21 MS. HAGGERTY: There are two other children
22 that do reside in the home. They are Tami's children.
23 THE COURT: Okay.
24 MS. HAGGERTY: Do you want that information
25 on the record?
r
7
ii
1 THE COURT: That would be helpful.
2 MS. HAGGERTY: Okay. Kaylin, K-a-y-l-i-n,
3 and she is eleven years old.
4 THE COURT: That would be Kaylin Markham?
5 MS. HAGGERTY: Trimble, T-r-i-m-b-1-e.
6 THE COURT: I'm sorry, Kaylin Trimble. And
7 her date of birth?
8 MS. HAGGERTY: I know she's eleven. I don't
9 recall her date of birth at this point in time.
10 THE COURT: Okay.
11 MS. HAGGERTY: And Dakota, D-a-k-o-t-a,
12 Trimble, and he is age nine. Eight. I'm sorry, he's age
13 eight.
14 THE COURT: And, Mr. Whare, your client's
15 name, address, age, date of birth, and occupation?
16 MR. WHARE: McLisa Wiesnieski.
17 THE COURT: You'll have to speak up for the
18 stenographer.
19 MR. WHARE: Forty-nine and a half West High
20 Street, Apartment 2 F. That's in Carlisle, which is
21 Cumberland County. She's an at-home mom currently. She was
22 born September 27th , 1976. She is 26 years old.
23 THE COURT: All right. And that brings us to
29 the names, ages, and dates of birth of the children of the
25 parties. We have some children, but the subject of this
8
1 proceeding is --
2 MS. HAGGERTY: Jazmyne Lee Markham,
3 J-a-z-m-y-n-e, middle name is spelled L-e-e, last name
q Markham, and her date of birth is December 17th, 1996.
5 She's six years old.
6 THE COURT: All right. And we have the
7 names, ages, and some dates of birth of the other children,
8 but there were no other children of this marriage. Is that
9 right?
10 MS. HAGGERTY: That's correct.
11 THE COURT: And the date, in general terms,
12 of the custody order presently in effect?
13 MS. HAGGERTY: The current custody order is
19 dated March -- I forget the exact date, 2001. March 12th,
15 2001. The general provisions of that custody order
16 basically indicate that the parties have shared legal
17 custody.
18 Mom has primary physical custody of Jazmyne. Dad
19 has partial physical custody from Thursday evening until
20 Monday evening of one week on an alternating weekend basis
21 and then every Thursday evening until Friday evening on a
22 weekly basis.
23 THE COURT: And was that order entered
29 specifically pursuant to an agreement of the parties?
25 MS. HAGGERTY: Yes. It was entered by
9
ement of the parties.
THE COURT: All right. Mr. Whare, are you
to stipulate to all of the facts that have been recited
Cher counsel so far?
MR. WHARE: Yes, Your Honor.
6 THE COURT: And, Ms. Haggerty, are you able
7 to stipulate to all of the facts that have been recited by
8 other counsel so far?
9 MS. HAGGERTY: Yes, Your Honor.
10 THE COURT: All right. Ms. Haggerty, would
11 you call your first witness, please.
12 MS. HAGGERTY: Yes, I'd like to call McLisa
13 Wiesnieski.
19 THE COURT: I should let the record indicate
15 that I have spoken to counsel in chambers immediately prior
16 to this proceeding and indicated we have the afternoon
17 scheduled for the hearing, which would take us until 9:15.
18 If, Ms. Haggerty, your case is not completed at
19 approximately the halfway point, we would presumably be
20 looking at a continued hearing at a later time to complete
21 the proceedings.
22 MS. HAGGERTY: I understand.
23 THE COURT: I'm certainly not setting a
29 deadline on the amount of time you take, but that's the
25 amount of time we have for this afternoon.
10
1 MS, HAGGERTY: Yes, Your Honor.
2 Whereupon,
3 MELISA 'i]IESNIE:SFI
4 having been duly sworn, testified as follooa:
5 DIRECT EXAMINATION
6 BY MS. HAGGERTY:
7 Q Mrs. Wiesnieski, did I pronounce your name
g correctly?
9 A Yes.
10 Q I believe we heard in the stipulation that
11 you were currently ---
12 THE COURT: Just for the stenographer, would
13 you give your full name and your address.
14 THE WITNESS: Yes, my name is McLisa A.
15 Wiesnieski. My address is 49 1/2 West High Street,
16 Apartment 2F, Carlisle, Pennsylvania.
17 THE COURT: Thank you. And that is
18 Cumberland County?
19 THE WITNESS: Yes, it is.
20 BY MS. HAGGERTY:
21 Q You had stated in the stipulation that you're
22 currently not working?
23 A Yes.
24 Q Do you plan on returning to work at any time?
25 A Eventually, I'm just not aware of what the
11
- 3n
1 exact date will be. I have a two-month-old at home right
2 now.
3 Q what type of work do you do?
A A I've done everything from retail to
5 bartending. It all depends on what is available at the
6 time. I have a lot of skills that I can put to use.
7 Q And when was the last time you were employed?
8 A My last date of employment was June 21st of
g last year, 2002.
10 Q And what was that job?
11 A It was bartending at the American Legion Post
12 826 in Carlisle.
13 Q That would be an evening job I would assume?
14 A Yes.
15 Q How long were you working for the American
16 Legion?
17 A I was there for nine months prior to leaving.
18 Q You worked at that job for nine months. What
19 was before that?
20 A Directly before -- I was unemployed for
21 approximately two months before that, and prior to the
22 unemployment I was working at the Comfort Suites Inn as a
23 waitress.
24 Q And how long did you hold that job?
25 A About six months because I wasn't making
12
1 enough money to support Jazmyne.
2 Q You live in an apartment in downtown
3 Carlisle. Is that correct?
q A Yes, I do.
5 Q And that apartment is above Blondie's?
6 A Blondie's, yes.
7 Q And that is a bar, isn't it?
8 A Yes, it is, but it's also a restaurant.
9 Q You're familiar with the Plunkett, the
10 Blessed Oliv er Plunkett in Carlisle?
11 A Yes, I am.
12 Q Isn't it true that you've had Jazmyne in the
13 Plunkett on different occasions?
14 A If I had to use the pay phone or to say good
15 night to her father when he had pool league.
16 Q He would be in there playing pool?
17 A He had league, yes, on Thursday nights.
18 Q Isn't it true that you participated in a pool
19 league also at the Plunkett?
20 A Yes, I did.
21 Q And it's true that you would have Jazmyne
22 there with you when you were playing pool?
23 A No, I was there with her for dinner every
24 once in awh ile, and then she would go home with her
25 stepfather.
yS
e
13
1 THE COURT: Did you want to place on the
2 record what the Plunkett is? I don't think there's been any
3 testimony as to what that establishment is.
9 BY MS. HAGGERTY:
5 Q Is it your understanding that the Blessed
6 Oliver Plunkett is a restaurant and a bar?
7 A Yes, it is, and it's owned by Sherry and Ken,
8 friends of ours.
9 Q And the pool leagues would be in the evening.
10 Is that correct?
11 A Yes, they start at 6 p.m.
12 Q And it's true that when you were
13 participating in the pool league, you would have Lytle
19 Markham, David's mother, watch Jazmyne?
15 A Often, yes, not every week, but seldom
16 whenever my husband had to work nights on those days, she
17 would voluntarily watch Jazmyne for me so that it would
18 avoid me from bringing her into the establishment.
19 Q In fact there was a time that you had
20 requested a temporary change in custody so that you could
21 participate in extracurricular activities such as your pool
22 league. Is that correct?
23 A Due to the fact that Jazmyne's father was
29 considering having her on those occasions so that I wouldn't
25 have to find a baby-sitter. I asked his mother to baby-sit,
14
I yes. I did suggest that, and it was suggested by him also.
2 Q When you have custody of Jazmvne, what types
3 of punishment do you impose?
4 A I will place her in the corner for about five
5 minutes until we can take time to discuss what was wronged
6 to make it right. There's no physical contact.
7 Q So she would stand in the corner, you said,
8 for five minutes?
g A Approximately.
10 Q Is it ever longer than that?
11 A Very rarely. Like the one time when she
12 wrote on the walls, we out her in there for about 15
13 minutes.
14 Q Would you be surprised to learn if Jazmyne
15 would say she stands in the corner for half an hour?
16 A Yes. It probably feels that way to her, but
17 that's understandable from a six-year-old.
18 THE COURT: That's what?
19 THE WITNESS: That's understandable coming
20 from a six-year-old.
21 BY MS. HAGGERTY:
22 Q Whenever you would request David's mother to
23 watch Jazmyne, it's true that you've never asked David first
24 before offering Jazmyne to Lytle Markham. Is that correct?
25 A The main reason for my not requesting David
15
I to watch Jazmyne is because when I do phone their home,
2 there's usually, nine times out of ten, not an answer. I
3 have to leave a message, and that's not always convenient
4 for me to not get a response back.
5 So being that Lytle is home at all times because
6 she's retired, it's easier for me to get ahold of her and
7 ask her to do that for me.
S Q Well, you don't call David every time. Is
9 that correct?
10 A No, I do not.
11 Q And, in fact, even until recently you
12 probably don't call him at all anymore. Is that correct?
13 A I call to let them know I'm running late or
14 that things need to be done for her, find out if I can talk
15 to her.
16 Q But not as far as --
17 THE COURT: Now, wait. Wait. Wait. You
18 have to let the witness finish her answer or the record will
19 be confusing. You'll have to start the question again.
20 BY MS. HAGGERTY:
21 Q In relation to the baby-sitting, it's true
22 that you don't call David at all anymore. You'll first make
23 a phone call to Lytle. Is that correct?
24 A I have not called Lytle in about three months
25 now for baby-sitting. She has called me to request to see
16
1 Jazmyne because she does not see Jazmyne when she's in her
2 father's custody.
3 Q It's true that Jazmyne is at Lytle's at least
4 one overnight each week?
5 A She had been when I was i n pool league. Pool
6 league ended in Sep tember. As of then, no, she has not been
7 there once a week. It might be once to two times a month.
8 Q And it's true that when you picked up Jazmyne
9 this past Monday, you took her directly to Lytle's house to
10 drop her off? Two days ago?
11 A No, it's true that Lytle picked her up from
12 my house.
13 THE COURT: Would you refresh my memory as to
14 who Lytle is?
15 MS. HAGGERTY: Lytle is David's mother. It's
16 her paternal grandmother, L-y-t-1-e.
17 THE COURT: Okay.
18 BY MS. HAGGERTY:
19 Q And when did you pick Jazmyne up then again?
20 A I got her from school Tuesday at
21 approximately 11:30.
22 Q She's not in school this week, is she?
23 A No, that was last week. I'm sorry. This
24 week I picked her up. It was after I got my baby a bath, so
25 it was probably afternoon. I'm sorry, I got last week
17
1 confused with this week. School was out as of. Friday.
2 Q So I guess what I'm hearing you say is that
3 last Monday to Tuesday she was also at Lytle's?
9 A Yes, because she had just gotten back from
5 vacation. After two weeks of being gone, she wanted to see
6 her granddaughter. This week was at my request.
7 Q It's true that you have a friend named Lisa
8 that you spend a lot of time with?
9 A She's my best friend.
10 Q Is it true when you go to Lisa's house that
11 Jazmyne doesn't have anybody to play with or any
12 entertainment when she's there?
13 A No, that is not true. There's a neighbor
14 that has a child. She plays with her. She is not in
15 kindergarten yet, but she's riding bicycles, and she goes
16 out back to play with her in the yard.
17 There is also a friend of Lisa's that has a
18 daughter that is two years older than Jazmyne that comes
19 over every once in awhile to play with her, and then when
20 she's not entertained by other children, she goes up into
21 the other room, which is their den, and watches television
22 while we're there, if she gets bored being downstairs with
23 us.
29 Q when you recently had your new baby, you had
25 Jazmyne out of school for two days?
18
1 A Unfortunately that was the circumstances of
2 going into labor, yes.
3 Q And those were unexcused absences?
9 A No, actually they were excused to the school.
5 The Thursday that I had gone into labor, I had already sent
6 a note in to let them know she was going to be with me for
7 procedures in Harrisburg, and she was excused for that day
8 by a note from me for that day.
9 A The following day, which was Friday, I did
10 not have a note in, but I called them at 10:00 in the
11 morning to let them know she would not be attending school
12 that day and had to send in a note the next week when she
13 went back.
19 Q So she missed school on Thursday --
15 A And Friday.
16 Q -- for you to have appointments?
17 A Yes, because I wasn't able to pick her up
18 from school then.
19 Q And she missed school on Friday because you
20 were actually in the hospital at that point in time?
21 A Right.
22 Q But Jazmyne wasn't at the hospital with you?
23 A No, she was at my mother's house. She came
29 to the hospital that morning, Friday morning, at 9 a.m.
25 Q Your mother didn't take her to school?
19
1 THE COURT: You have to let her finish her
2 answer. This is really hard for the stenographer. Start
3 the question again.
9 BY MS. HAGGERTY:
5 Q Your mother didn't take her to school?
6 A My mother brought her to the hospital so she
7 could see her new sister because she was really excited
8 about the new addition.
9 Q She gets out of school every day at 11:30.
10 Is that right?
11 A Yes, but seeing how I had the baby at ten
12 minutes until midnight, she wanted to see the baby.
13 Q You were discussing about difficulties in
19 telephoning David's house?
15 A Yes.
16 Q Is it true that your sole access by telephone
17 is by cell phone?
18 A It is now, yes.
19 Q And there have been times David has attempted
20 to contact you and your cell phone is not operational for
21 one reason or another?
22 A They might have left two messages, and other
23 times I cannot help the situation. The towers aren't in
29 working order at that time where it doesn't go through.
25 Q There would be times that like the minutes
20
n
1 had expired?
2 A No. If he has called when the minutes have
3 run out, he would let me know so that I was aware of the
4 fact that they called, being that it was a prepaid
5 telephone.
6 Q Your current custody order allot-is for two
7 weeks of uninterrupted custody with the child over the
8 summer?
9 A Yes.
10 Q Have you ever exercised that period of time?
11 A Didn't have to.
12 Q Isn't it true that the very first summer you
13 asked for two weeks without Jazmyne?
14 A I asked for a break in the summer, yes, so
15 that I could take a vacation on my own, for myself, being
16 that I had her all the time. I needed a break., but that was
17 only one time in six years.
18 Q .It's true that you asked Jazmyne to keep
19 secrets from her father?
20 A No, she comes home and tells me that there
21 are secrets that she keeps between herself and Tami, herself
22 and her dad.
23 I told her what happens in our home should stay in
24 our home; therefore, she just shouldn't tell anybody what
25 goes on at home because she could be talking to somebody
21
1 that's not related, just a friend of ours, and blurting
2 something out that doesn't need to be in their ears, but
3 they're not considered secrets.
4 Secrets are not supposed to be kept by children.
5 That's how children get abused, and the person gets away
6 with it because she has -- she's told to be truthful and
7 straightforward.
8 Q Do you believe that she knows the difference
9 between the truth and a lie?
10 A I don't know if she's aware of that anymore
it because of how many times she's come home and said I have a
12 secret that I'm not allowed to tell you. And I tried to
13 explain to her, but she feels torn between keeping her daddy
14 happy and keeping myself happy, thinking that she's going to
15 do wrong by telling the truth or letting the secret go.
16 Q Does she know her ABC's?
17 A Yes.
18 Q Does she show how to count?
19 A She knows how to count past 100.
20 Q She knows her colors?
21 A Yes, and her shapes.
22 Q So you would say she's --
23 A Very intelligent.
24 Q -- average then, like even smarter than even
25 the average six-year-old?
22
1 A I'd like to believe so.
2 Q Since you've had primary physical custody of
3 Jazmyne, you have not advised dad of any doctor's
4 appointments that you have scheduled, have you? }
1
5
A There hasn't been a need to but maybe once 7
c
6 when she was sick to go to the doctor's. She's -- Tami took
7 her for her physical for school, so I didn't have to take
8 her for that.
9 She had her other appointments at the school, and
10 they were -- notices were sent home to us when she saw the
11 nurse, and she got her spine checked, and they checked for
12 -- like when they did the lice check, and I think they did a
13 hearing and eye test there also, but paperwork does come
19 home to all of us. The teacher made sure of that.
15 Q You don't take her for regular checkups?
16 A No, I didn't until she started school. Now
17 I'm going to start as of first grade because she already had
18 a physical. I had been taking her -- her immunization card
19 is filled up.
20 Q When you take her for immunizations have you
21 told David?
22 A No, they're done in a timely order.
23 Q Excuse me?
29 A They're done on time when they're supposed to
25 be done.
23
1 Q But you didn't let him know so he could be
2 there?
3 A No.
9 Q Have you told dad, David, who her doctor is?
5 A We don't have a specific doctor. He has her
6 at Carlisle Pediatrics, and that's where he has to take her
7 because that's where his coverage is through.
8 Q You take her to Carlisle Pediatrics?
9 A I haven't had to
yet.
10 Q She's covered through insurance by dad?
11 A Yes, and also Christopher, my husband.
12 Q And even though she's covered under her dad's
13 medical insurance, you haven't taken her to the doctor where
19 she's arranged for medical care?
15 A She just received medical care from him in
16 the past -- I think it started in October of last year when
17 we got married, but her physician through our medical is
18 Iron Ridge Physicians.
19 THE COURT: Is who?
20 THE WITNESS: Iron Ridge in Camp Hill.
21 MS. HAGGERTY: I have nothing further for
22 this witness.
23 THE COURT: Okay. Mr. Whare.
29
CROSS-EXAMINATION
25 BY MR. WHARF:
29
p_
I Q McLisa, there was testimony that you live
2 above Blondie' s?
3 A Yes, that's true.
4 Q How did you find that apartment?
5 A Housing authority placed me there when I
6 moved out of m y apartment in Mechanicsburg. I needed a place
7 to go, and the y found me an apartment that they approved,
8 that they had the lead paint tested for and all that to make
9 sure that I ha d a safe environment for my child and myself.
10 Q And everything checked out?
11 A Yes, it did.
12 Q When did you move into that apartment?
13 A Approximately three years ago.
14 Q And you said you're currently not working?
15 A Yes, I'm unemployed right now.
16 Q And why is that?
17 A Due to the fact that I have a two-month-old
18 child at home right now, and I'd like to spend time with
19 Jazmyne before and after school so that I can take her to
20 school in the morning and pick her up in the afternoon
21 without having someone else do it for me.
22 Q And you've recently married?
23 A Yes, I was.
24 Q When was that?
25 A It was October 4th of last year, 2002, in
25
1 front of Judge Oler.
2 Q And your husband's able to support you and
3 the children while you're not working?
q A Very well.
5 Q When did you meet your husband?
6 A Christopher?
7 Q Yes.
g A I met Christopher approximately two years ago
9 and by chance it was at the Oliver Plunkett.
10 Q Oliver Plunkett. You're in a pool league
11 there?
12 A Yes, I am, or I was. I'm no longer.
13 Q And what time did this pool league start?
14 A It had a start for practice with 6:00 in the
15 evening when they were at home, which means we were at that
16 establishmen t. If we were at away games, we went there at
17 6:30.
18 Q And where is Christopher at that time?
19 A If he was not at work, he was at home with
20 Jazmyne and now with both kids.
21 Q Why would you call David's mother, Lytle, to
22 watch Jazmyne?
23 A I called upon Lytle mostly because there is a
24 strong bond between herself and Jazmyne. Jazmyne was raised
25 in that house from birth until I moved out to Mechanicsburg
26
611
A
1 when her father and I split up.
2 She doesn't get to see her cousins very often due
3 to distance and time frame with another child being involved
9 in the custody situation, so we try to arrange it so that
5 the nights that she does spend over there will be a cousin
6 visiting or spending the night with her because they go to
7 their grammy's, which is what Lytle is called by them.
8 Q Does the grandmother welcome Jazmyne?
9 A Oh, with open arms. She usually has to ask
10 -- if I have things scheduled, if she wants to ask for her,
11 I'll usually back down and allow her to take her regardless
12 of what we had planned because they enjoy each other's
13 company so much.
19 Q So Lytle actually calls you and asks you to
15 see her?
16 A She requests to see Jazmyne if she hasn't
17 heard from us in awhile.
18 Q And to the best of your ability you allow
19 Jazmyne and her --
20 A Always. I will never break the bond between
21 a child and their grandparents.
22 Q And there's some testimony that you've had
23 Jazmyne at the Plunkett?
29 A Yes.
25 Q And what was the purpose of having her there?
27
1 A If it wasn't for eating supper, because the
2 cooking there i s very good, before I had my cellular phone I
3 had to go there for her to call her father on the pay phone
4 so that she cou ld keep in contact with him whenever she
5 asked, if she w anted to talk to her daddy.
6 Q Let's talk about the phone for a second.
7 A Okay.
8 Q You only have a cell phone?
9 A Yes.
10 Q You don't have a phone in your house?
11 A No, I do not.
12 Q Why is that?
13 A Because I do not like to have my number
14 listed, and even if it was unlisted there are people that
15 put restriction s on their phones so they can get your
16 number, and I don't like solicitation. I don't like to be
17 harassed on my telephone, so the number that I have right
18 now I can give to whom I want to have it.
19 Q Have you been harassed by anybody to make you
20 feel this way?
21 A I have in the past.
22 Q Does David have your cell phone number?
23 A Yes, he does.
29 Q Do you return his phone messages?
25 A Yes.
28
r
1 Q You talked about --
2 A I also would like to say -- I would also like
3 to say that after Tami or her mother leave messages, I also
4 return those phone calls, because Tami's mother has called
5 me recently and left a message from her job, and I did
6 return that call also.
7 Q Now, there's some testimony about your
8 requesting a temporary custody change?
9 A Yes.
10 Q And basically that was an agreement between
11 you and David?
12 A It was until it fell into a disagreement
13 again, because I felt giving him the option to take her on
14 Monday nights would open up to more time on his behalf, and
15 if he were to file for child support, I would not be able to
16 get as much support as we needed for Jazmyne.
17 But I did offer to take away from another day so
18 that the agreement was still the same being that it was an
19 open agreement between the two of us a couple of years back,
20 and he wasn't having it. He wanted the extra day, and I
21 didn't want to be away from Jazmyne that extra day, a
22 complete 24 hours.
23 Q I'm sorry. You said if he were to not file
24 support. Was part of the agreement that he would not file
25 support?
29
1 A The agreement was if I dropped child support
2 I would be able to claim her on my income tar: return every
3 year. Now being that I filed for child support as of
4 December of last year, I'm sure that there's going to be a
5 stipulation where David will want to claim her every other
6 year now.
7 Q was that a modification of the support order
8 that was previously --
9 A The order was in effect by a verbal
10 agreement. I chose to drop it through Domestic Relations,
11 and also we had an agreement that if I needed anything or
12 help with anything that I could call upon David and request
13 it.
14 And that just wasn't occurring, so I decided to go
15 in and file again, and this time it hit the pocket a little
16 deeper on David's part, and I think that's what the
17 situation is right now.
18 Q How much was the original support order for
19 --
20 MS. HAGGERTY: Objection, Your Honor, this is
21 about custody, not child support.
22 THE COURT: Mr. whare.
23 MR. WHARF: I think it goes to Mr. Markham's
24 motivation why we're here today, why he's not willing to
25 agree with her or anything.
30
1 THE COURT: Why don't you bring that out
2 during your case. I don't think it was brought out during
3 the direct examination.
4 MR. WHARE: Okay.
5 BY MR. WHARE:
6 Q Let's talk about punishment. There's some
7 testimony that you make Jazmyne stand in the corner?
8 A Yes, I do.
9 Q And Jazmyne said you made her do that as long
10 as a half hour?
11 A I assume that's what she's told her father.
12 Q Does Jazmyne have a good sense of time?
13 A Yes and no. When she's watching television,
14 she knows when her show is going to come to an end, or if
15 she's sitting at home or at the park -- when she's at home
16 and she's waiting to go see her daddy and it's 9:00, she has
17 two hours to go, it will seem like a lifetime to her because
18 she's waiting two hours. It just seems like forever.
19 If we're at the park, she could be there for two
20 hours and it would feel like fifteen minutes to her because
21 she's not completely aware of the concept of time. I know
22 she does write and draw clocks at school.
23 Q Why don't you call David rather than his
24 mother to watch her?
25 A I don't call upon David to help me out when I
31
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
need someone to watch Jazmyne if I have something to do in
the evenings because, like I said earlier, I want her to
spend time with her grandparents.
I want her to see her cousin on her father's side.
She needs to spend time and bond with them since they are
related, and they're around the same age. I think they're
all pretty much sir, months apart in age.
Q But you have called David asking him on
occasion -- you have called asking him to watch Jazmyne?
A It was very rare in the beginning when we
first split up, but that was when we had 50/50 custody.
Q Does Jazmyne come home from her dad's house
telling you about secrets that she has?
A She used to. She doesn't talk too much about
what's going on at their house anymore because I told her I
don't want to know their business. I'm not completely
interested in it.
I mean if it has to do with her directly, then,
yes, I would like to know, but her telling me about her
stepmom and her daddy fighting, I don't want to know about
that because married people fight all the time. Chris and I
have our disagreements. But if it is upsetting her and it's
affecting her, that's what I want to know.
Just like finding out from her about a month ago
when this was going through that she was told by her dad and
32
I her stepmom if she told the Court she wanted to live with
2 them, she mould be allowed to have as many sleepovers as she
3 wanted to. I don't think there's any need for that. You
4 don't have to bribe a child to see where she wants to stay.
5 Q Did David file a petition for contempt of a
6 custody order on March 28th?
7 A Yes, he did.
8 Q And do you recall what he was alleging?
9 A That I was holding her from going to see him
10 on his day of custody, which was that Thursday evening at 6
11 p.m.
12 Q And where were you?
13 A I ties in Harrisburg Hospital in full labor
14 with my youngest daughter.
15 Q Did you call David or David's mother?
16 A I called at approximately 4 p.m. on that
17 Thursday to let David know, and I got the answering machine.
18 I let him know that I was in labor and my mother was taking
19 me to the hospital and that I would be there. If he needed
20 to call somebody, he could call my mom's number, which he
21 has done before in the past, or he could call my cell phone
22 number, but I was in labor.
23 Q There was some testimony that she missed
24 school for two days?
25 A Yes.
33
1
2
3
4
5
6
7
8
9
10
11
12
13
19
15
16
17
18
19
mark,
BY MR. WHARE:
Q
piece of paper
A
Jazmyne.
exhibit?
Exhibit 1?
(Whereupon, Defendant's Exhibit No. 1 was
=_d for identification.)
Would you please tell the Court what that
is?
This is a kindergarten progress report for
THE COURT: Has something been marked as an
MR. WHARE: Yes.
THE COURT: What exhibit number is it?
MR. WHARE: One.
THE COURT: You're talking about Plaintiff's
MR. WHARE: Defendant's Exhibit 1.
BY MR. WHARE:
Q And what marking period is that for?
A This is Jazmyne's final progress report for
the year.
Q How many absences does she have for the year?
A The total number is two.
Q Was she late at all for school?
A Yes, she has been late for school twice, and
was in the first marking period.
Q How are her grades?
34
A They are excellent. They're in actual
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
condition right now.
Q Was she promoted to first grade?
A Yes, she was.
(Whereupon, Defendant's Exhibit No. 2 was
marked for identification.)
BY MR. WHARE:
Q I'm handing you a bunch of documents there.
THE COURT: Have they been marked as
Defendant's Exhibit 2?
MR. WHARE: Yes, Your Honor.
BY MR. WHARE:
Q Tell the Court what those are.
A Yes, these are certificates that Jazmyne has
received from her school. The first one is for displayed
character trait of responsibility, which was in the first
marking period, 100 percent homework completed for the first
marking period, 100 percent homework completed for the third
marking period and also for the fourth. The second one was
missing.
We also have a certificate of achievement for
perfect attendance for the fourth marking period, a diploma
stating that she has completed kindergarten, and a
participation at the district art show certificate from her
art teacher.
35
l'
i
I Q Has Jazmyne had any health problems?
2 A The only problem we have had with her ever
3 has been her allergy to Amoxicillin.
4 MR. WHARE: I have no other questions, Your
5 Honor.
6 THE COURT: Ms. Haggerty. Redirect.
7 REDIRECT EXAMINATION
8 BY MS. HAGGERTY:
9 Q You were talking about the message that you
10 left for David and Tami when you went in labor?
11 A Yes.
12 Q Isn't it true that that message said that
13 David would not be getting Jazmyne until Saturday sometime?
19 A No, the message stated that I was in labor.
15 It was 9:00. If he needed to contact us, he could do so. I
16 received a phone call from Tami on Saturday evening letting
17 me know she was upset that I had not brought Jazmyne back
18 yet, and I tried to explain to her my husband does not
19 drive, I was not permitted to drive yet, and my mother was
20 busy taking care of Jazmyne and getting to and from the
21 hospital taking care of things for us.
22 THE COURT: What is the distance between the
23 two residences?
29 THE WITNESS: Her father lives at the edge of
25 Carlisle, which is towards Middlesex. Township, and my mother
36
1 lives in Camp Hill out -- do you know where -- close to
2 KoKoMo's. It's an establishment that's on the Main Street.
3 THE COURT: Just for the record can you give
4 a distance in miles between those two residences and then
5 the distance in miles between your residence and Mr.
6 Markham's residence?
7 THE WITNESS: I can give time, but I can't
8 give miles because I'm not good with distance.
9 THE COURT: Okay.
10 THE WITNESS: It takes approximately twenty
11 minutes to get from my home to my mother's home, which would
12 be twenty-five to thirty minutes from David's home to my
13 mother's, then from David's house to my house it takes
14 approximately seven to ten minutes.
15 THE COURT: Okay. Ms. Haggerty.
16 MS. HAGGERTY:
17 Q When you went into labor David was supposed
18 to get Jazmyne on that Thursday. Is that correct?
19 A Yes, at 6:00.
20 Q And he didn't get her until Saturday?
21 A Right.
22 Q And it's true that you were held in contempt
23 of court for missing those days. Is that correct?
24 A Yes, I was, and I did not argue with it.
25 THE COURT: What judge held you in contempt?
37
1 THE WITNESS: It was Judge Bayley.
2 THE COURT: Judge Bayley?
3 THE WITNESS: Yes.
4 THE COURT: All right.
5 BY MS. HAGGERTY:
6 Q And you did receive an order of court stating
7 that you were held in contempt?
8 A Yes, I was told I was held in contempt and I
9 was also notified with the decision that the following
10 weekend would be the make up weekend for missing out on
11 those couple of days, so I missed out on my Easter with
12 Jazmyne.
13 MS. HAGGERTY: May I approach the witness,
14 Your Honor?
15 THE COURT: Certainly.
16 BY MS. HAGGERTY:
17 Q I'm showing you what's been pre-married as
18 Plaintiff's Exhibit No. 1. Could you identify that for the
19 record?
20 A Court order.
21 Q Could you identify that, please?
22 A It's an order of court from David to myself
23 stating, And now, this 14th day of April, 2003, this matter
24 having been called on a petition to hold Defendant in
25 contempt for failure to provide Plaintiff with Jazmyne from
38
I;
1 Thursday evening, March 27th, through Saturday evening,
2 March 29th, and finding that Defendant failed to provide the
3 child to Plaintiff as required under the custody order of
4 March 12th, 2001 --
5 Q You don't need to read the whole thing.
6 A It states that I was -- yes, I was in
7 contempt.
8 Q And that is the court order you received. Is
9 that correct?
10 A Yes.
11 THE COURT: What penalty was imposed, if any?
12 THE WITNESS: David received an extra
13 weekend.
14 THE COURT: No fine?
15 THE WITNESS: No, there was none.
16 THE COURT: Ms. Haggerty.
17 BY MS. HAGGERTY:
18 Q The report cards that you had identified,
19 that doesn't indicate whether the absences from school are
20 excused or unexcused, does it?
21 A No, but her record does show that she was
22 excused and I can have that proved if they call LeTort
23 Elementary because I was sent a letter home stating that I
24 needed to send a note for that Friday because she had one
25 for Thursday but not Friday, so I did have to send a note in
39
i.
(s
I?
1 even though it wasn't done on that day.
2 MS. HAGGERTY: 1 have nothing further.
3 THE COURT: Or:ay. Mr. Whare.
4 MR. 69HARE: I have no further questions
Your
,
5 Honor.
6 THE, COURT: You may step do:dn. Than,: you.
7 his. Haggerty .
B MS. HAGGERTY: Call Linda Brenneman.
9 Whereupon,
10 LINDA BRENNEMAN
11 havin g been duly sworn, testified as follows:
12 DIRECT EXAMINATION
13 BY MS. HAGGER TY:
14 Q Could you state your name and spell your last
15 name for the record, please.
16 A Linda Brenneman, B-r-e-n-n-e-m-a-n.
17 Q And where do you live?
18 A 30 Cave Hill Drive, Carlisle.
19 Q And what is your relationship to David?
20 A I'm his mother-in-law.
21 Q So you're Tamils mother?
22 A Yes.
23 Q And you're aware that the matter before the
24 Court right no w is dealing with Jazmvne?
25 A Correct.
40
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q Could you describe your relationship with
Jazmyne?
A Well, she's like a granddaughter to me. She
fits right in and plays with the other children. I pick her
up.
Q What does she call you?
A Grandma.
Q How often do you see Jazmyne?
A Whenever David has her. If they don't come
to our place, I go out there.
Q So you see Jazmyne usually when she's with
Tami and David?
A Correct. I usually pick her up for David.
Q How would you describe the relationship
between David and Jazmyne?
A Very close. Good father daughter
relationship.
Q Do you ever spend time alone with Jazmyne?
A Um-hum. Yes, I baby sit.
Q Have you recently made some observations
about Jazmyne when she would get her clothing dirty?
A Yes.
Q What happened?
A We were at a ball game. She was playing with
the other children. She fell down and got her socks muddy,
41
11.
1 and she just came screaming and crying and saying my mommy
2 is going to be so mad at me. She's going to send me in the
3 corner, just crying her heart out.
4 And I told her, I said, well, Tami is not going to
5 be mad at you. She said, No, I mean Me Lisa, my other mommy,
6 she's going to be mad at me.
7 Q And was Jazmyne upset for quite awhile?
8 A Quite awhile. In fact, I was kidding with
9 her. I said if you don't quit your crying, I'm going to
10 stand you in a corner, you know, and she kind of came out of
11 it.
12 THE COURT: When did this happen?
13 THE WITNESS: Two weeks ago.
14 THE COURT: Okay.
15 THE WITNESS: It wasn't very long ago. I
16 had asked to pick her up early that night becaue:? they kind
17 of cheated Dave out of 45 minutes on Mother's Day because I
18 went in there and sat for 15 minutes and nobody showed up
19 with her.
20 Jazmyne likes to play bat girl at the ball games,
21 so I asked if I could take het early so she could be bat
22 girl that night. And McLisa, that's when she called me at
23 work, told me that I couldn't because she had to take her to
24 see her stepfather.
25 So I said, okay, you know. Pell, when Jazmyne was
42
I picked up, she said she was at the apartment. She never
2 went anywhere.
3 BY t4S. HAGGERTY:
4 Q And you weren't allowed to get her early that
5 day. Is that right?
6 A No.
7 Q Does Jazmyne -- you heard some testimony
8 about secrets being kept. Does Jazmyne talk to you about
9 secrets?
10 A Oh, yes, she tells me lots of things. She
11 says, please don't tell Daddy or Tami, she says, because
12 I'll get stood in the corner if I tell them any secrets, but
13 they didn't say I couldn't tell you.
19 Q And who does she say is telling her to keep a
15 secret?
16 A McLisa.
17 Q Are you aware of the Defendant's friend,
18 Lisa, the house that they go and spend time at?
19 A I'm aware of it because Jazmyne has pointed
20 it out to me. She also has made comments, Why is it so
21 important that we have to go to McLisa or to Lisa's house.
22 And I said, What do you mean.
23 And she said, I asked my mommy to take me to the
24 park, and she told me no, we don't have time to go. We have
25 more important things to do she said. And then we go to
43
1 Lisa's house, and I have to sit up in the bedroom and watch
2 TV.
3 I don't know Lisa personally I guess is what I'm
4 saying.
5 Q You've observed Jazmyne at her father's home
6 and with the whole family?
7 A Um-hum.
8 Q And how does she fit in with the whole
9 family?
10 A She's great. They go fishing. They go out
11 in the boat at our house. They have a pool. They're out in
12 the driveway a lot shooting hoops and riding their little
13 skateboards and scooters, whatever, you know. They play
14 outside together a lot.
15 Q You see her playing with her brother and
16 sister?
17 A Yes.
18 Q Do you ever see her playing with any other
19 friends in the neighborhood?
20 A There's other children that come there, but
21 Jazmyne I don't think is real close with any other children
22 there because she often claims about not having close
23 friends, you know, to be able to have them come over and
24 spend the night like Kaylin and Cody do. She's also often
25 explained about not being able to have her friends to her
44
1 mother's house, the children she goes to school with, that
2 her mother says they don't have time.
3 Q And you've observed Jazmyne specifically with
4 David, just the two of them together?
5 A Um-hum.
6 Q And you would describe their relationship
7 how?
8 A Oh, good. Like I say he brings her over to
9 our place and she, you know, is familiar -- is busy with the
10 other children. He'll come over by himself with her, and
11 they'll fish, and he takes her out in the boat. He gets in
12 the swimming pool with them. He plays with all the children
13 a lot.
19 MS. HAGGERTY: I have no further questions
15 for this witness.
16 THE COURT: Okay. Mr. Whare.
17 CROSS-EXAMINATION
18 BY MR. WHARE:
19 Q Linda, what is your relationship like with
20 McLisa?
21 A I don't know McLisa that well.
22 Q And Tami is your daughter?
23 A Correct.
29 Q You said that Jazmyne got upset because she
25 -- her socks were muddy, and she thought her mother was
45
1 going to be mad at her and make her stand in the corner?
2 A Correct. It wasn't that she got upset. She
3 screamed and cried.
4 Q Have you ever had any verbal altercations?
5 A I asked McLisa to get out of my car.
6 Q Was Jazmyne present?
7 A Yes, she was. I was sitting out on High
8 Street. It was a car show weekend. There was lots of --
9 there was lots of traffic. In fact, Tami called McLisa that
10 weekend and asked her to please change where we picked her
11 up because it's too dangerous.
12 I asked McLisa to -- she can get in the car
13 herself. She can buckle herself, but she just continued to
14 stand there on High Street leaning into my car. And I said,
15 get out of my car so I could go.
16 THE COURT: When are we talking about?
17 THE WITNESS: When I picked her up one
18 evening.
19 THE COURT: I don't know if it's ten years
20 ago, three days ago.
21 THE WITNESS: I'm sorry, a month, month and a
22 half. I don't know how long ago it was.
23 THE COURT: Mr. Whare.
24 BY MR. WHARE:
25 Q And it's your testimony that Jazmyne stated
46
that she didn't get to have friends over at her
1 to you
2 house?
A That's what she told me.
3
Q Isn't it true that actually Jazmyne has bunk
4
5 beds at her house for --
A I don't know. I've never been in her
6
7 bedroom. I've never been in their apartment.
Q Have you ever seen David punish Jazmyne?
8
A I really can't say I have.
9
i
Q
Jazmyne has never acted up in front of David?
10
A He might tell her to straighten up or
11
?I 12 something, but , no, I've never seen him stand her in a
I)
13
corner, smack
her, or anything.
MR. WHARE: I have no further questions, Your
14
I
15
Honor.
THE COURT: Ms. Haggerty.
16
i
i
MS. HAGGERTY: Nothing further.
i
17
THE COURT: Okay. You may step down.
' 18
I
HAGGERTY: May this witness be excused?
MS
19 .
j THE COURT: Mr. Whare.
20
WHARE: No objection.
MR
21 .
I .
j
THE COURT: You may stay or leave as you
22
i I
' 23 choose. Than k you.
i
HAGGERTY: I'd like to call Tami Markham.
MS
i 24 .
' Whereupon,
25
47
I TAMI A. MARKHAM
2 having been duly sworn, testified as follows:
3 DIRECT EXAMINATION
4 BY MS. HAGGERTY:
5 Q Tami, would you state your name and spell
6 your full name for the record.
7 A Tami A. Markham, T-a-m-i M-a-r-k-h-a-m.
8 Q And I believe we have previously stipulated
9 to your address of 60 Faith Circle in Carlisle?
10 A Correct.
11 Q And you're currently married to David. Is
12 that correct?
13 A Correct.
14 Q When did you guys get married?
15 A July 8th of 2000.
16 Q How would you describe your relationship at
17 home?
18 A Wonderful. I mean we have spats every once
19 in a while lik e every marriage, but it's great. I mean we
20 are one big ha ppy family.
21 Q We heard some stipulations as to the children
22 in your househ old. You have two children?
23 A I have two, a boy and a girl.
24 Q And they're ages eleven and nine?
25 A Eleven and eight.
48
1 THE COURT: What are the dates of birth?
2 THE WITNESS: Kaylin is 12/20/91 and Dakota
3 is 6/29/94.
4 THE COURT: Thank you.
5 BY MS. HAGGERTY:
6 Q I guess he's almost nine then?
7 A Almost.
8 Q Kaylin and Dakota live with you full-time?
9 A Correct.
10 Q Describe your home, like number of bedrooms,
11 things like that.
12 A We live in a three-bedroom, one and a half
13 bath duplex. We are attached to another home. We live --
14 our acreage is a little over an acre of land, very clean,
15 immaculate if I must say except for all the dog hair, pool
16 in the backyard, tons of things that -- we have a tire --
17 well, some type of rope swing off of a big tree in the
18 backyard, just a kid-oriented house.
19 Q And the neighborhood, are there a lot of kids
20 in the neighborhood?
21 A Yes, there's -- they range from my daughter's
22 age clear to maybe two, three.
23 Q And are there times when other kids in the
24 neighborhood come over and play?
25 A I have kids in my driveway all the time.
49
1 Q When you have Jazmyne -- you stated this is a
2 three bedroom. I'm assuming Kaylin and Dakota have separate
3 bedrooms?
4 A Yes.
5 Q When you have Jazmyne, where does she stay?
6 A When we first bought the house, we weren't
7 sure how we were going to situate all the kids. David and I
8 took the smallest bedroom in the house, and we gave the
9 girls the master bedroom in the house, which they each have
10 their own closet space. There's bunkbeds in the girl's room
11 and also Dakota's room, but Jazmyne is in the room with
12 Kaylin.
13 Q Any problem with the two girls in the same
14 room with the age difference?
15 A At times, yes, there can be, because, you
16 know, my eleven-year-old is into make up and CD's, and, you
17 know, Jazmyne is still into Barbie stuff, so sometimes
18 there's a conflict, but I mean that's normal between
19 sisters. Other than that they get along wonderfully.
20 Q And you're currently expecting a child. Is
21 that right?
22 A Correct.
23 Q And that will be the first child between you
24 and David?
25 A Correct.
50
1 Q We didn't place any stipulations on the
2 record what yo u do for a living. What is your employment?
3 A I am a school bus driver/homemaker.
q Q You drive a school bus for what school
5 district?
6 A Carlisle School District.
7 Q How does that work?
8 A I drive high school and middle school, which
9 would be Wilso n Middle School and Swartz High School
10 building, and then once I drive that I turn around and pick
11 up the element ary children and drive them to Crestview
12 Elementary.
13 Q Is Crestview Elementary the closest
19 elementary sch ool to your home?
15 A Yes.
16 Q Are you active in the school otherwise?
17 A Yes, very active.
18 Q What do you do?
19 A From the time that my bus run is done, which
20 is about 9:30, I don't have to go back to my bus run until
21 like 2:15, so I have that time frame to go to the school,
22 room parent. I do a lot of stuff. I actually do all my
23 children's fie ld trips. I drive them when they go.
29 Room parent, which is their parties. I eat lunch
25 a lot with the kids at lunchtime, you know, just pop in,
51
1 have lunch. My day though between bus runs is very free to
2 be able to go in if the teacher needs help or anything like
3 that.
4 Q Through your employment did you come to some
5 knowledge of the status of LeTort Elementary School?
6 A Yes, it is my understanding that LeTort will
7 be closing within the next few years. They're not really
8 sure when, but the population at LeTort was so low, and I'm
g sure everybody has probably read that in the papers. It's
10 been a big issue.
11 Q And that's currently where Jazmyne goes to
12 school?
13 A Correct.
14 Q If she would live at your home, what
15 elementary school would she attend?
16 A She would attend Crestview Elementary.
17 THE COURT: Can you estimate the distance
18 between LeTort Elementary and Crestview Elementary?
lg THE WITNESS: I'd probably say no more than
20 maybe eight miles. It's like -- it's not that many miles.
21 I mean it's very -- it takes maybe fifteen minutes to get
22 from that area of Crestview to LeTort, so it's under five I
23 would maybe say.
24 THE COURT: Are they both in the same school
25 district?
i
52
i
D
1 THE WITNESS: Yes.
2 THE COURT: Is that the Carlisle Area School
3 District?
4 THE WITNESS: Yes.
5 THE COURT: Ms. Haggerty.
6 BY MS. HAGGERTY:
7 Q If Jazmyne would attend Crestview Elementary
8 School, how would she get --
9 A She would actually get on my bus every
10 morning and ride to the school with me, and she would come
11 home with me every day on the school bus.
12 Q So you personally would be driving her but on
13 a school bus to and from school every day?
14 A Correct.
15 Q At your home do you have like certain rules
16 for all the kids?
17 A Pretty much. They have normal chores that
18 they have to do. I'm -- obviously we don't have Jazmyne a
19 whole lot, you know, every other week, so it's not like -- I
20 mean if I asked her to scrub the floor or clean up the floor
21 behind me, she'll do it, little things like that.
22 The only thing that she mainly has to do is keep
23 her area clean, clean up her toys, her closet, the only -- I
24 ask her to put her clothes away in her closet and clean up
25 anything that she would get out anywhere else.
53
1 Q When school is in session, what is the policy
2 at your house having to do with homework?
3 A I had to be kind of flexible with my child,
9 my son, because he was having trouble coming home and
5 sitting right down to do his homework, so I had to be a
6 little bit more flexible with him because he needs some time
7 to exert his energy so we flip flopped and a little bit back
8 and forth say a little bit.
9 I do believe that all of the children know that by
10 coming home and getting their homework done immediately they
11 have more time in the evening, and that's what we have tried
12 to instill in them.
13 However if, you know, he's had a rough day or
19 anyone has had a rough day, we tell him, you know, maybe
15 exert some energy for a half hour and come back and then you
16 can focus and do your homework.
17 Q There is a scheduled time for homework to be
18 completed though?
19 A Well, I would say before dinner we'd like it
20 to be done. I'm normally home by 4:30. Dinner is normally
21 on the table anywhere from 5:30 to no later than 6.
22 Q If the kids need help with homework, do you
23 help them?
24 A We sit down. Math is not my biggest pet
25 peeve, so my husband normally sits and does the math with
54
1 the kids. I'm more of a reading, spelling kind of thing,
2 but, yes, we do sit down with them.
3 Q Is there a specific bedtime at your home?
9 A Anywhere between -- we start giving baths at
5 about 8:00, and they're normally in bed by 8:30.
6 Q Does Jazmyne have any friends in your
7 neighborhood or that come over to play with her at your
8 home?
9
10
11
12
13
19
15
16
17
18
19
20
21
22
23
29
25
A We -- actually I'm child sitting a child this
summer that's actually Jazmyne's age who lives across from
our home. She recently just moved, I think, a couple months
ago.
She is Jazmyne's age, and I will have her this
summer, so she'll have someone there her age to play with.
I would probably say there are maybe five or six kids that
are right around Jazmyne's age.
Q They come over to play?
A Sometimes. A lot of times Kaylin -- it's
more just my daughter, my son, and Jazmyne in the driveway
just playing together.
Q The child that you said you will be sitting
for this summer, she has -- is it a girl?
A Yes.
Q She's Jazmyne's age?
A Yes.
55
1 Q Will they be in the same grade next year?
2 A Yes.
3 Q What type of punishment do you inflict at
4 home?
5 A Depends on what situation. I mean it depends
6 what they do. Like my daughter, I can take her off the
7 phone for a week or, you know, something like that; whereas,
8 Jazmyne, we don't have her that often.
9 Mainly go to your room, you know, until we have
10 time to think about it. There's not too much punishment
11 because they're not normally doing anything wrong.
12 Q Hour would you describe the interaction and
13 relationship between Jazmyne and her dad?
14 A Wonderful. It kind of upsets me sometimes
15 because I'll want to take the girls, just me and the girls
16 go for the day, and she'll be like, I want to stay with my
17 daddy, so I'm kind of stuck with a boy and a girl who fight
18 all the time, but it's great. I mean she loves her dad.
19 She loves to come home and see him.
20 Q What types of things do they do together?
21 A They fish. They go to my parent's a lot, and
22 they like to fish. I know the other night she sat out and
23 played four square or something at the basketball thing, so
24 -- they do a lot of stuff in the driveway with the
25 basketball. Jazmyne likes to ride her little Barbie
56
1 scooter, and just a lot of things. I mean the tire or the
2 swing down in the back of the yard.
3 Q What types of things do you do with Jazmyne?
4 A I do a lot with Jazmyne when my husband
5 works. She'll probably be the first one to tell you that we
6 go shopping, because that's what she likes to do. She's a
7 shopper. We play games, watch movies, just a lot of stuff.
8 Q And how would you describe your relationship
9 with Jazmyne?
10 A Great. Jazmyne and I get along great. You
11 know, as far as secrets go, there's been things that she has
12 told me, and me being in my situation I've kept that secret
13 with her. She just -- she confides a lot in me. She'll
14 come to me and tell me not to tell her dad because that's
15 what she was told, so we have that bond there.
16 Q Has Jazmyne told you where she wants to live?
17 A She has told me that -- we had a conversation
18 one day, you know. I said you don't have to come live here
19 because Daddy and I want you to, you know. We want you to
20 come here because you want to.
21 And she said, Well, I do want to live with you
22 guys, and the part about bribing with sleepovers was never
23 said. Jazmyne wants to have sleepovers. You know, she'll
24 come to us and say, Can I have a friend spend the night.
25 And us being in the Crestview area, she doesn't
57
1 really know too many people because she doesn't go to that
2 school. And she said, Well, how about a friend that I go to
3 school with.
4 And I explained to her that in our home when my
5 son came and asked me could I have a friend spend the night,
6 I said, Who is it. I really didn't know the child. I
7 didn't know the parents. I had never met them. That's a
8 big concern to me.
9 I wouldn't have minded her to have a friend over;
10 however, I don't know any of the parents at LeTort because
11 we are not given the chance to be involved down there.
12 THE COURT: We are about at the point -- in
13 fact, beyond 9ond the midpoint of the afternoon, so we'll
14 take a recess. It seems obvious we're not going to complete
15 this case today, so when we resume, we'll just continue on
16 with Plaintiff's case. Court is in recess. You can step
17 down.
18 (Whereupon, a recess was taken.)
19 THE COURT: Ms. Markham, you're still under
20 oath. Ms. Haggerty.
21 BY MS. HAGGERTY:
22 Q Tami, I believe when we finished up you were
23 discussing just things that you and Jazmyne like to do
24 together. Let's switch gears a little bit. The message --
25 you received a message on your answering machine when McLisa
58
1 went into labor. Is that correct?
2 A Correct.
3 Q What was that message?
4 A The message -- there was actually two
5 messages left. One was in the afternoon basically stating
6 that she was being gelled, I think, or something. She was
7 being prepared for labor. Somewhere around 4:00, like she
8 said, she called us back and let us know that she was in
9 labor and that her mother would contact us when we could get
10 her.
11 THE COURT: Her meaning Jazmyne?
12 THE WITNESS: Correct.
13 BY MS. HAGGERTY:
14 Q When did you hear from McLisa's mother?
15 A We didn't hear anything until Saturday when I
16 called and stressed the fact on her cell phone answering
17 machine that it was a little ridiculous that we still had
18 not received a phone call. We needed to get Jazmyne. And I
19 got a phone call back from McLisa's mother stating that she
20 would be bringing her. When did I want her?
21 Q You never received a call saying Jazmyne was
22 going to see the baby, asking could we have extra time or
23 Jazmyne wants to be part of this, could you extend it a day
29 or anything along those lines?
25 A No, nothing. We were concerned that we
59
1 didn't receive the phone call making arrangements prior to
2 6:00 p.m. when we were to pick her up. My in-laws knew that
3 she was being induced, and we didn't.
4 Q And again you and David were supposed to get
5 custody of Jazmyne on Thursday. Is that correct-?
6 A Thursday at 6 p.m.
7 MS. HAGGERTY: No further questions.
8 THE COURT: Mr. Whare.
9 CROSS-EXAMINATION
10 BY MR. WHARF:
11 Q Tami, how is your relationship with McLisa?
12 A It was better in the beginning.
13 Q What's happened to change that?
19 A Little things throughout the process of
15 custody between her and David. Sometimes I don't think the
16 things that she does are appropriate, and I've stressed that
17 to her, little things like that.
18 THE COURT: When was the beginning? You say
19 it was better at the beginning. What time period are we
20 talking about?
21 THE WITNESS: I started dating David in the
22 beginning of '99, and there was contact between us and
23 McLisa quite frequently, more so me than David because David
29 worked, and it's got gotten worse since the date that McLisa
25 had taken Jazmyne from Lytle's house one evening. It
60
1 started to get --
2 THE COURT: When would that be?
3 THE WITNESS: She took her on 10/27/99.
4 THE COURT: So it got worse after that date?
5 THE WITNESS: Correct. There was incidents
6 that were occurring that we just didn't feel were
7 appropriate.
8 THE COURT: All right. Mr. Whare.
9 BY MR. WHARE:
10 Q You testified that your children know when
11 they get home to do their homework?
12 A Would you repeat that?
13 Q You testified that your children know when
14 they get home to do their homework and don't have time to
15 play afterwards?
16 A Kind of. At one point in time it was
17 strictly right after school they did their homework until I
18 was having some trouble with my son in school. I had talked
19 to the principal, and he suggested maybe letting him exert
20 some energy before he sat down so he could be focused.
21 Q Just focusing on Jazmyne, have you had any
22 calls or concerns about Jazmyne's homework or school?
23 A We haven't had phone calls from the school,
29 but we have had comments from Jazmyne when we have asked her
25 about her homework.
61
1 Q And you said Jazmyne tells you secrets
2 regarding her father and mother?
3 A She has at one point in time told me things
4 that might go on at tier mom's house that her mom
5 specifically told her not to tell her daddy, but that's
6 about it.
7 Q Hour's punishment done in your household? Do
8 you punish the children?
9 MS. HAGGERTY: Objection, Your Honor. That
10 was asked and answered.
11 THE COURT: It's what?
12 MS. HAGGERTY: Asked and answered.
13 THE COURT: Objection is overruled.
14 BY MR. WHARF:
15 Q What does it mean for your kids to hold up
16 the table? Hold the table up?
17 A I don't know what you're talking about.
18 Q That wouldn't be a form of punishment?
19 A No.
20 Q Jazmyne has never had to do that?
21 A To hold up my dining room table?
22 Q Hold the table up?
23 A No.
24 Q So does Dakota or Kaylin -- do they have any
25 -- do they call Jazmyne names or punch Jazmyne, strike
62
1 Jazmyne at all?
2 A They don't strike her. Like I said, between
3 sister and brother -- my daughter Kaylin calls Jazmyne
9 Markham, and that is her nickname for her, which Jazmyne
5 doesn't care for, but like brother like sister they tease
6 each other all the time.
7 Q How many times have either you or David
8 attended class parties at Jazmyne's school?
9 A Attended class parties you said? We attended
10 field day, which was our day of custody. That was attended
11 by her father. Class parties, we were -- not that I'm aware
12 of. We were never really told about a class party.
13 Q Have you had any altercations with McLisa in
19 front of Jazmyne and others?
15 A Yes.
16 Q Can you tell the Court about- those
17 altercations?
18 A There was an altercation right out in front
19 of my driveway that I asked her not to come onto my property
20 ever again because of the way they present themselves when
21 they come in.
22 Q This was in front of Jazmyne?
23 A I think Jazmyne was actually with her
29 stepfather walking around the other side of the car when I
25 told her mother this.
63
1 Q I see. She couldn't have heard what you
2 said?
3 A She might have.
4 THE COURT: When you say altercation, you
5 mean there was a fight, a physical fight?
6 THE WITNESS: No, there has never been
7 anything physical. It's just been verbal.
8 BY MR. WHARE:
9 Q Are you aware of a situation between Dakota
10 and Jazmyne that necessitated David calling McLisa and
11 explaining what happened?
12 A More detail. I mean, I'm not really
13 understanding what you're asking me.
14 Q Was there an incident where Dakota was found
15 laying naked on top of Jazmyne?
16 A There has been probably two or three
17 incidents that -- yes, that was one. More recently was
18 another one at my mother's home. Would you like to know
19 about that one also?
20 MR. WHARE: Yes, please.
21 THE COURT: When did the first one occur?
22 THE WITNESS: A long time ago. We had pulled
23 them both aside and asked them -- we were told that there
24 was things going on at mother's home, you know, and I think
25 I had said to David that you need to contact the mother
64
1 because this is not something that needs to be -- that this
2 child needs to be seeing. That's something that needs to be
3 kept behind closed doors.
9 THE COURT: I'm --
5 THE WITNESS: That was the first incident.
6 THE COURT: I'm a little confused. This
7 incident, the first incident, was between whom? What
8 children?
9 THE WITNESS: My son and Jazmyne. And I
10 honestly can't really remember that one to a T, but --
11 THE COURT: Something happened between your
12 son and Jazmyne, and when was that?
13 THE WITNESS: Two years ago maybe.
19 THE COURT: Okay.
15 THE WITNESS: Actually it was my husband. I
16 don't think I was at home at the time, and I think he had
17 waited, and that's when we had pulled them apart and
18 questioned what was going on.
19 THE COURT: Okay. And what was the result of
20 that?
21 THE WITNESS: The result was we told them,
22 you know, obviously they can't be alone in a room together.
23 You know, we get -- Jazmyne sees things at home was what we
29 got from her.
25 Dakota obviously does not watch porno movies or
65
1 anything like that or sees them at our home nor do my
2 husband and I engage in any kind of sexual contact in front
3 of the children like that.
4 BY MR. WHARE:
5 Q So when this incident happened, Jazmyne was
6 under the supervision of her father?
7 A Yes.
g Q And what's this next incident?
9 A The second incident actually happened at my
10 mother's home. Jazmyne and Dakota, I think it was just them
11 two, were playing in the playhouse in my mother's backyard,
12 and I was at work and so was David.
13 When I got home, my mom kind of cornered me out in
14 her carport and said, Don't be upset, you know, there was an
15 incident this afternoon. I said what, you know, I was kind
16 of upset because it kind of caught me off guard.
17 My mother -- apparently things were kind of quiet,
18 I guess, and my mother had went out and kind of peeked
19 around the corner out by the playhouse, and Jazmyne --
20 Dakota was pushing Jazmyne away. And Dakota or Jazmyne was
21 putting her hands down my son's pants going ooh, aah, like
22 it was feeling good.
23 And I questioned, you know, my mom. I said, you
24 know, did you break them up. I pulled them both apart. And
25 I guess my mom had asked Jazmyne if she needed to tell her
66
1 mom.
2 And she said, no, no, don't, or something to the
3 effect of don't tell McLisa, that she would be stood in the
4 corner and, you know, that she was very upset that my mom
5 was going to say something.
6 Q Don't you think this was a serious matter
7 that the mother should be made aware of?
8 A The first time the mother was made aware of
9 everything, I think it was a very nasty phone call, and it
10 was not handled very politely.
11 Q Would that upset you if somebody called you
12 and told you that?
13 A It would upset me, but I think I would handle
14 it a little bit differently, and that was maybe why she was
15 not phoned the second time about the incident.
16 Q You testified earlier that you had a
17 conversation with Jazmyne regarding today?
18 A What do you mean?
19 Q You were talking in the car with Jazmyne
20 telling her about where she could live, or, I'm sorry, you
21 testified something about you had a conversation with her
22 about what was going on with the custody matter between --
23 A I explained to her that she needed to come in
24 here today, and if the judge would talk to her, that she
25 needed to tell the truth, that she did not need to be afraid
67
1 to tell what she really wants herself.
2 Q You didn't tell her what to say?
3 A No, I would never do that.
q MR. WHARE: I have no further questions.
5 THE COURT: Ms. Haggerty.
6 MS. HAGGERTY: Just a quick couple follow-up.
7 REDIRECT EXAMINATION
8 BY MS. HAGGERTY:
9 Q Speaking of these incidents that occurred
10 between Dakota and Jazmyne, specifically what types of
11 things did Jazmyne tell you?
12 A I think I remember more on the second
13 incident.
14 Q That's fine.
15 A The second incident actually was something
16 that she was very upset about. She did not want anybody
17 discussing it, you know. She was -- she put her head down
18 and just kind of, you know, kind of frowned, and I said,
19 Jazmyne, it's okay to talk about it.
20 I said are you seeing something like this
21 somewhere. Did Dakota provoke it. She said no. I said do
22 you see things here. Do you see things at your mom's house.
23 She said one night she had woke up with, I guess,
24 a bad dream. She walked in her mom and stepfather's room,
25 and they were involved in sexual intercourse or something to
;_! 68
_.:.:1m
1 that nature, where she was hearing noises is what she told
2 me.
3 And there was another incident where she had come
4 out and mom had a TV show on, laying on the couch sleeping,
5 and there was dirty things on the TV.
6 Q And specifically in relation to the second
7 incident, did you or your mother advise Dave of that
8 incident?
9 A Yes.
10 Q And David handled that as her father?
11 A Correct.
12 Q You were talking about homework with Jazmyne.
13 You had stated that Jazmyne made comments about homework
14 getting done. What type of comments would she make?
15 A We would ask her -- there was one incident
16 where she came with a paper and said I need to have this
17 done. It was supposed to be done, and she was all kind of
18 frantic.
19 And I said, Well, you know, why am I just getting
20 it now. I said is this something that should have been
21 done. She said that the teacher had given it to her, but it
22 was something that needed to be completed, so I sat down
23 with her and I helped her complete it.
24 So we're sitting there completing it, and I said,
25 Does this happen a lot. Do you get your homework done at
69
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1 your mom's every week. She said, Well, there's times that I
2 don't. She said my mom just tells me we're too busy.
3 Q But you make sure that Jazmyne does her
4 homework every day if she has any at your house?
5 A She normally -- what is sent home -- she has
6 a packet I think that's given to her every other Monday
7 that's due Thursday. You know, if she wants to -- it's kind
8 of like she could work on it at our house if she wants to or
9 she can take some of it home to do, and we would normally
10 ask her.
11 I would normally ask her if I picked her up, Do
12 you want to do a page tonight, or she says I can save it for
13 mommy's, or, you know.
14 Q The relationship between Jazmyne and Kaylin
15 and Dakota, how would you describe that, any different than
16 any other brothers and sisters?
17 A Very normal. I mean it's -- there's constant
18 she took my toy or she has this, and there was an incident
19 the other night over a Leap Pad because Dakota -- Jazmyne
20 was playing with Dakota's Leap Pad, and he didn't want her
21 to, and, you know, it's just that kind of brother/sister
22 rivalry back and forth.
23 Q And Kaylin's nickname for Jazmyne, that's
24 more teasing to pick on a little sister?
25 A She does sometimes, you know, but Jazmyne
70
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1 does do her fair share at our house also with picking. She
2 knows how to take care of Dakota.
3 MS. HAGGERTY: No further questions.
4 THE COURT: Mr. Whare.
5 RECROSS-EXAMINATION
6 BY MR. WHARE:
7 Q So it's normal for a brother to lay naked on
8 his little si ster?
9 A To be what?
10 Q To lay naked on his little sister, that's
11 normal brothe r/sister behavior?
12 A I think she asked me as far as things in the
13 house. I'm n ot saying that's not normal. I was very
14 shocked. Lik e I said they don't see sexual contact stuff at
15 our home. My husband works seven days a week.
16 Q Were you present when McLisa testified?
17 A Yes.
18 Q And you heard the testimony, there's
19 certificates, 100 percent homework completed?
20 A The incident about the homework?
21 Q Yeah.
22 A From what Jazmyne told me there was another
23 packet given to her mother for her to complete the following
24 week.
25 THE COURT: What grade is Jazmyne in?
71
1
1
THE WITNESS: Kindergarten.
2
1 BY MR. WHARE:
3 Q Could you tell me what marking period or what
4 this states?
i 5 A This is the first marking period, one hundred
6 percent homework completed, and the third and the fourth.
7
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What about the second?
j
8
Q So there's only one marking period when she
9 didn't get one hundred percent?
10 A Correct.
11 Q Is there any reason for your testimony to be
li 12
I? altered in a way that's not truthful today?
i 13
i A I'm not understanding what you're saying.
14 Q To help your husband, your testimony?
15
I MS. HAGGERTY: Objection, Your Honor.
16 THE COURT: On what ground?
' 17
II MR. WHARE: I'll withdraw.
18
i' MS. HAGGERTY: He withdrew the question.
I 19
I THE COURT: Okay.
.
20
MR. WHARE: I'm finished, Your Honor.
' 21
?I MS. HAGGERTY: I have nothing further.
f 22 THE COURT: Okay. You may step down. Thank
23 you.
29
MS. HAGGERTY: May this witness be excused?
25 THE COURT: Certainly unless Mr. Whare
72
1 objects. Any objection to this witness being excused?
2 MR. WHARE: No, Your Honor.
3 THE COURT: You may stay or leave as you
4 choose. Thank you.
HAGGERTY: Call David Markham.
MS
5 .
6 Whereupon,
7 DAVID J. MARKHAM
8 having been duly sworn, testified as follows:
9 DIRECT EXAMINATION
10 BY MS. HAGGERT Y:
11 Q Could you state your name and spell your last
12 name for the r ecord.
13 A David J. Markham.
14 Q And you also live at 60 Faith Circle,
15 Carlisle, Cumberland County?
16 A Yes.
17 Q Where are you employed?
18 A PPG Industries.
19 Q You're currently married to Tami?
20 A Correct.
21 Q How would you describe your relationship with
22 your family?
23 A At home with my wife and kids everything is
24 fine. We get along good. I like playing with the kids.
25 Q And I believe Tami testified to the fact that
i
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1 Kaylin and Dakota live with you full-time?
2 A Yes.
3 Q What do they call you?
4 A Daddy usually, dad.
5 Q And do you look at them as your own pretty
6 much?
7 A Yes.
8 Q When Jazmyne is there, how does she fit in
9 with the rest of the family dynamics?
10 A She fits in well. Like Tami said, they argue
11 with each othe r now and again, but they're always outside
12 playing and in side playing. They get along just fine.
13 Q She fits into the family in terms of she does
14 the chores tha t she's expected to?
15 A Cleaning up her stuff and putting her clothes
16 away.
17 Q She follows the rules at home?
18 A Yes.
19 Q In terms of punishment, do you ever punish
20 Jazmyne or any of the kids?
21 A Not too often.
22 Q What kinds of punishment do you give?
23 A Just maybe telling, you know, telling them to
24 knock it off. There's not a whole lot of punishment. You
25 can send them to their rooms, but they've all got TV and DVD
74
1 players and Nintendos, so it's not a whole lot of
2 punishment.
3 Q Is there a need for extended punishment at
4 home?
5 A No, not that I've seen.
6 Q You and -- how long were you and McLis a
7 together?
8 A I think we might have been married almost a
9 year.
10 Q Okay.
11 A Or two.
12 Q Were you married when Jazmyne was born to
13 McLisa? Were you married to McLisa when Jazmyne was born?
14 A I don't remember.
15 Q When you and McLisa were together, did you
16 live with your parents?
17 A Yes.
18 Q Once you and McLisa split up, where did she
19 move at that point in time?
20 A That's when she went to her apartment in
21 Mechanicsburg.
22 Q And did she go there with Jazmyne?
23 A Yes.
24 Q Once that happened, what type of custody
25 arrangement did you have between you and McLisa for Jazmyne?
75
1 A I can't remember if we had shared custody at
2 that time. I did get to see Jazmyne a couple days a week.
3 It wasn't a 50/50 or anything.
4 Q But it was more shared? You saw her at least
5 every week?
6 A I believe so, yes.
7 Q Was there a period of time when you had
8 primary physical custody of Jazmyne or sole custody of
9 Jazmyne?
10 A There were a few months in the summer that
11 McLisa brought Jazmyne over, and we had Jazmyne. That was
12 in '99 I bel ieve.
13 Q Probably like the summer of '99?
14 A Right.
15 Q You were living with Tami at that time?
16 A Correct.
17 Q I believe Tami's testimony indicated that
18 there was a time that McLisa just came and took Jazmyne
19 without your knowledge?
20 A Correct.
21 Q when did that happen?
22 A That was October '99, the end toward
23 Halloween.
24 Q And prior to that time that's when Jazmyne
25 was living wi th you primarily?
76
t
1 A McLisa got her every weekend or every other
2 weekend.
3 Q When McLisa did take Jazmyne, where did she
q take her from?
5 A My parent's house.
6 Q And Jazmyne -- what was Jazmyne doing at your
7 parent's house ?
8 A My mom was baby sitting for some reason. I
g don't remember why.
10 Q So whenever you had custody of Jazmyne on a
11 primary basis, your mom would baby sit. Is that correct?
12 A Yes.
13 Q When McLisa took Jazmyne from your mom's
14 house without your knowledge, when did you get to see her
15 next?
16 A It wasn't until we had a thing with the
17 Court, and it wasn't until we came in months later.
18 Q So you didn't see Jazmyne for several months
19 after her mom took her?
20 A Correct.
21 Q And you actually filed for custody at that
22 point?
23 A Yes.
24 Q When you finally got into court, I believe it
25 would be the beginning of 2000, maybe February of 2000, what
77
I type of custody arrangement was set up at that point?
2 A I believe that's when we had the 50/50. I
3 had her a we ek. She had her a week.
4 Q You did a week on/week off custody
5 arrangem ent?
6 A Correct.
7 Q How long did that last?
8 A Not very long.
9 Q Did that last at least until the March 2001
10 court or der that we're asking for modification of today?
11 A I believe that's probably when it lasted
12 until.
13 Q And I believe there was an amendment to the
14 week on/ week off by agreement. Do you recall why you agreed
15 to that at that point in time?
16 A At that point in time I just wanted to see
17 Jazmyne. We hadn't seen her for a few months.
18 Q Now, I'm referring to when it changed in
19 March to the current schedule, when you changed from the
20 50/50 to the current schedule where you have her every other
21 weekend. Is there a reason that changed or do you re1101T1b:r
22 a reason for that?
23 A I guess I can't remember too much of a
24 reason. I t hink the 50/50 was just a temporary thinq until
25 we got i n.
78
1 Q Did you like seeing her at least every week,
2 like a week on/week off, better than what you have now?
3 A Yes.
4 Q Do you feel it was more stable than what's
5 going on now?
6 A Yes.
7 Q How many different residences did you and
8 Tami live at?
9 A We started out at 38 Marilyn Drive and then
10 moved into whe re we're at now, 60 Faith Circle.
11 THE COURT: Highland Drive?
12 THE WITNESS: Marilyn, M-a-r-i-l-y-n. That's
13 in Carlisle.
14 THE COURT: Okay. Thank you.
15 BY MS. HAGGERTY:
16 Q So when you left your mother's home, you
17 moved in with Tami. Is that correct?
18 A Correct, yes.
19 Q And how long have you been at your current
20 residence?
21 A We've been there two years now.
22 Q Since the time that McLisa moved out of your
23 parent's house, you stated that she initially moved to
24 Mechanicsburg?
25 A Um-hum.
i
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Q Did she live in Mechanicsburg until she moved
to Carlisle to your knowledge?
A I believe so.
Q And I believe that she testified that she's
been about three years at the apartment above Blondie's. Is
that right?
A That sounds right.
Q Have you ever been inside that house?
A That apartment? No, I've been up the stairs
and seen the door up. That's about it.
Q You testified that when you had primary
physical or more custody of Jazmyne, your family, your
mother, your father, or her cousins on that side, Jazmyne's
cousins on that side would see her more often. Since that
custody schedule has changed, does Jazmyne see your family a
little less often when she's with you?
A Yes.
Q What is the reason for that-?
A I don't have that many days now. I don't
like giving her up the days I do have.
Q So you want to spend as much of your time
with her as possible?
A Yes.
Q And if you would have primary physical
custody, would you have a problem with her seeing her
80
1 grandparents?
2 A No.
3 Q Or her cousins?
4 A Huh-uh.
5 THE COURT: Was there an answer to that last
6 question?
7 THE WITNESS: Huh-uh.
8 THE COURT: What was your answer to the last
9 question?
10 THE WITNESS: No, I wouldn't.
11 BY MS. HAGGERTY:
12 Q What types of things do you do with Jazmyne?
13 A We play a lot. You know, I hang out with the
14 kids. We play outside riding their bikes and stuff like
15 that, trying to help Jazmyne -- she wants to ride a bike
16 without her training wheels -- fishing, playing four square.
17 They like playing baseball and kickball down the hill.
18 Q Is Jazmyne able to talk to you if she has a
19 problem about things?
20 A Um-hum, yes.
21 Q The current custody order allows for two
22 weeks of uninterrupted custody with Jazmyne over the summer
23 months.
24 A Correct.
25 Q Do you exercise those periods of custody?
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A Yes.
Q And you always have?
A Yes.
Q Does McLisa ever request those periods of
custody?
A I don't believe she did last year. I think
the year before she did.
Q How would you describe your ability to reach
McLisa on the telephone?
A It's on a cell phone. You know, if she's got
the phone, I can get ahold of her. I've called Jazmyne,
tried to call Jazmyne before, got ahold of McLisa and
Jazmyne is not there. McLisa is somewhere else with the
phone.
Q Does that happen often that you call to speak
with Jazmyne and she's not there?
A Not too often that I call, no.
Q You have Jazmyne covered under your medical
insurance?
A Yes.
Q Are you ever informed of doctor visits for
Jazmyne?
A Not any that McLisa might be taking her to,
no. I know when we take her.
THE COURT: Have you requested that you be
82
241
1 advised of doctor's appointments?
2 THE WITNESS: No. She's never said anything
3 to me. Anytime Jazmyne's ever been sick, she would be
9 brought over to our house. One time she was brought over to
5 our house and told she was coming down with something, but
6 other than that I don't believe she's ever made an attempt
7 to take her to a doctor.
8 THE COURT: Okay.
9 BY MS. HAGGERTY:
10 Q Do you know what doctor she goes to?
11 A We have her at Carlisle Pediatrics.
12 Q If her mom takes her to the doctor, do you
13 know what doctor she takes her to? What doctor she goes to?
19 A I don't know.
15 Q Are you aware of any health problems with
16 Jazmyne?
17 A No, other than her allergy to Amoxicillin.
18 Other than that, she's healthy.
19 Q Why do you want primary physical custody of
20 Jazmyne?
21 A I want a stable place for Jazmyne to be, not
22 the bouncing around from, you know, coming over to my house
23 and then having to go to somebody's house for the evening.
29 You know, it's better than going to school with them in the
25 morning and then somebody else picking her up, somebody
83 1
1 different picking her up from school every day. I want her
is 2 going to the same school from the same place all week long.
3 Q If the Court would award you primary physical
4 custody of Jazmyne, would you continue to encourage a
1 5 parent/child relationship between Jazmyne and McLisa?
6 A Yes. I'm not trying to rip Jazmyne away from
i 7 McLisa at all. I just want her to be able to see McLisa and
8 I. Jazmyne wants to be able to see McLisa. I just want
9 Jazmyne to be in a more suitable environment.
10 Q If McLisa -- if you would have primary
11 physical custody of Jazmyne and McLisa would request an
12 evening for a special event, would you have a problem with
i' 13 that?
'I 14
II A No.
15
i
I
Q You would be flexible in allowing extended
I;i 16 visitation?
17 A Yes.
ii
18
Q Have you ever asked for extended periods of
19 visitation from McLisa recently?
20 A No, I believe other than just picking her up
21
I early.
22 Q And what type of reception -- what answer
23 would you get when you asked for that, to pick her up early?
24 A Well, that last time was my mother-in-law
25 trying to get her early for the baseball game, and she said
84
1 that she couldn't.
2 Q McLisa refused?
3 A Right.
4 Q If you would have primary physical custody of
5 Jazmyne, and she needed to go to the doctor, would you make
6 sure that McLisa knew about that?
7 A Yes.
8 Q If Jazmyne would be going to school at
9 Crestview Elementary and there were parent/teacher
10 conferences scheduled, would you advise McLisa of those
11 conferences?
12 A Yes, I would.
13 Q When you received report cards would you
14 provide them to McLisa?
15 A Yes, I would.
16 Q And if there was ever an emergency and you
17 were unable to and your family was unable to watch Jazmyne
18 at that particular time, would you call MgLisa first to be
19 able to baby sit or to care for her at that time?
20 A Yes, it was my understanding that's the way
21 it was supposed to work.
22 Q And, in fact, you would like McLisa to call
23 you primarily before looking for alternative child care. Is
24 that correct?
25 A Yes.
85
1 Q And if you had primary physical custody of
2 Jazmyne, would you encourage a bond between Jazmyne and her
3 grandparents?
q A Yes.
5 Q All of her grandparents, I guess.
6 A Yes.
7 Q She has more than the average child, I
8 believe.
9 A Yes.
10 Q Has Jazmyne told you where she wants to live?
11 A Yes, she's mentioned she would like to come
12 live with us.
13 Q Did you bribe her in any way to get her to
19 say that?
15 A No.
16 MS. HAGGERTY: No further questions.
17 THE COURT: Okay. Mr. Whare.
18 CROSS-EXAMINATION
19 BY MR. WHARE:
20 Q David, would it be true if Jazmyne said that
21 you spanked her?
22 A Would it be true what?
23 Q Would it be true that you've spanked Jazmyne
24 as a form of punishment when she's misbehaved?
25 A No.
86
1 Q So if Jazmyne told her mother that you
2 spanked her, that wouldn't be true?
3 A That wouldn't.
4 Q You testified that you were married when
5 Jazmyne was born?
6 A I said I didn't know. I don't remember. I
7 believe we might have been, but I'm not sure.
8 THE COURT: We have the dates, don't we, for
9 the birth of the child and the date of the marriage or not?
10 MR. WHARE: She was born about six months,
11 seven months prior to the marriage. She was born December
12 17th, 196. They were married July 5th, 1997.
13 THE COURT: Okay.
14 BY MR. WHARE :
15 Q You said you utilized the vacation periods?
16 A Yes.
17 Q What did you do on those vacations?
18 A Last year we went to Ocean City.
19 Q Who's we?
20 A Or down near Ocean City.
21 Q Who went with you?
22 A Me, my wife, Kaylin, Dakota, and Jazmyne.
23 Q You testified that when you were married to
24 McLisa, you two lived with your mother?
25 A Yes.
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Q Along with Jazmyne?
A Yes.
Q How long did you live with her?
A With McLisa?
Q And your mother.
A I'd say it was probably two years.
Q About the length of the marriage?
A Right.
Q How's your relationship with the rest of your
family?
A All right. We haven't spoken too much
lately.
Q Why is that?
A Busy with work, disagreements with some of
the things they do.
Q Isn't it true that it upsets you that they
stay involved with McLisa?
A It's the amount they're involved with McLisa.
Q Didn't you testify earlier that you
encouraged McLisa being part of --
A Of Jazmyne.
Q But you're upset with your own family for
interacting with McLisa?
A It's not -- they can interact with her. It's
the extent of how they are interacting with her.
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Q When is the last time you've spoken to your
mother?
A An hour ago, on recess.
Q Your sister?
A It's been awhile, couple of weeks.
Q You testified that you work seven days a
week?
A In a round about way.
Q PPG?
A Yes.
Q Is that shift work?
A Yes, it is.
Q How often do the shifts -- is it every week
the shift changes?
A Seven days on, one day off, seven days on.
Q So if you had primary physical custody, it's
going -- the re's a couple weeks there it's going to be
difficult to really spend any time with Jazmyne, correct?
A No, I wouldn't say that. I mean when I work
an eight to four shift, I get to see them every day. If I'm
on midnig ht, I'm working while everybody else is sleeping.
When I'm on four to twelve, I have all day before I leave
for work to see them.
Q How about during the school year?
A It's the same way.
89
1 Q Four to twelve?
2 A There would be two days the end of one week,
3 three the beginning of the next that I wouldn't see them in
4 the evenings.
5 Q You testified you don't want her bouncing
6 around. What do you mean by that?
7 A As far as she's at my house, she stays at my
8 house. If she goes with McLisa, she's off to my parent's
9 house for few a days here and there.
10 Q Wouldn't the same be true if you had primary
11 physical custody and McLisa had visitation?
12 A What do you mean? Yes, she's going to be
13 going -- I'm not trying to take her away from McLisa. She
14 would go over to McLisa, but she wouldn't come to my house
15 for the week and then go spend the night for a few nights
16 every week.
17 Q So you would rather her bounce around?
18 A She's not going to bounce around. She'll be
19 with me and then she'll be with her mother.
20 Q Isn't it true that with the new custody order
21 that it was agreed upon when Jazmyne started school, and it
22 would be in the best interest of Jazmyne, to have a stable
23 environment to start the new school year with?
24 A No, we tried to talk between ourselves and
25 make up an agreement before the beginning of the school
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1 year. originally McLisa had agreed to let Jazmyne stay with
2 me for the school year throughout the week and then at the
3 end of the school year go back to this.
q And then what McLisa had written down was Jazmyne
5 staying with us through the week while she went to school
6 and then being with her mother on the weekends and then
7 going to court to reschedule everything. McLisa didn't
8 agree with that and wanted Jazmyne with her every week.
9 Q Now, David, if it could be agreed upon, are
10 you willing to work out a custody schedule that works around
11 your work schedule?
12 A I want something that's stable for Jazmyne.
13 Q So if it's found to be stable, that's
14 something you would be willing to do?
15 A I'm sorry?
16 Q So if it was stable, you would be willing to
17 do that?
18 A Yes, but I want it stable and in an
19 environment that I believe is better for her.
20 Q And you testified you're not aware of where
21 McLisa takes Jazmyne for her doctor's visits?
22 A Right.
23 Q You're unaware of her doctor?
24 A Right.
25 Q And where do you go?
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A Carlisle Pediatrics.
Q And who's the family physician?
A I honestly don't remember which one it is.
Q Are you upset with the amount of support that
you're currently paying?
MS. HAGGERTY: Objection, Your Honor. This
isn't about support. It's about custody.
THE COURT: Mr. Whare.
MR. WHARE: Withdrawn. No further questions.
THE COURT: All right. Are you withdrawing
that question?
MR. WHARE: I'll withdraw the question.
THE COURT: Ms. Haggerty.
REDIRECT EXAMINATION
BY MS. HAGGERTY:
Q On cross-examination you were asked about
your relationship with your family. It has been your
request -- isn't it true that it's been your request that
when McLisa is not able to watch Jazmyne that she offer that
time to you?
A Yes.
Q And she has not done that. Is that correct?
A That's correct.
Q Instead she offers it to your family?
A Correct.
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I Q And that's because you want to spend as much
2 time with Jaz myne as possible. Is that correct?
3 A Yes.
4 Q And the bouncing around that you're
5 testifying to is the fact that when Jazmyne is in the
6 custody of her mother, she's not always with her mother. Is
7 that correct?
8 A That's correct.
9 Q When she's in your custody, you prefer to
10 keep her with you?
11 A Yes.
12 MS. HAGGERTY: Nothing further.
13 THE COURT: Mr. Whare.
14 RECROSS-EXAMINATION
15 BY MR. WHARE:
16 Q But there are times when Jazmyne spends time
17 with Tami's mo ther without the two of you around, correct?
18 A Yes.
19 Q So Jazmyne does spend time with Tami's
20 mother?
21 A On occasion.
22 Q Why didn't you inform McLisa about that
23 second incident involving Dakota?
24 A About what?
25 Q About the second incident involving Dakota
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1 and Jazmyne at the Brenneman's house.
2 A Jazmyne didn't want anybody to know about it.
3 I took care of it. It's nothing that needs to be brought
4 out and let everybody know about.
5 Q Don't you think it's important for the mother
6 to be aware of that? We're not talking about a little boo
7 boo or --
8 A Yes, but we're not talking about something
9 you blurt out and drag on.
10 Q And when the first incident happened, you
11 were alone with the children?
12 A I believe it was just me and those two, yes.
13 MR. WHARE: I have no further questions.
14
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16 BY MS. HAGGER'
17 Q
18 incident, did
19 A
20 Jazmyne said.
THE COURT: Ms. Haggerty.
REDIRECT EXAMINATION
rY:
When you advised McLisa about the first
she handle it well?
I advised her what had happened and what
From what I can remember, she denied anything
21 like that going on.
22 Q And you felt that you
23 incident in the best interest of Jaz
24 A Yes.
25 MS. HAGGERTY: Nothin
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1 THE COURT: Mr. Whare.
2 MR. WHARE: One question.
3 RECROSS-EXAMINATION
4 BY MR. WHARE:
5 4 Would you be upset if McLisa called you and
6 said I found a boy on top of McLisa or, I'm sorry, Jazmyne
7 naked?
8 A Yes, it would upset me.
9 MR. WHARE: Thank you.
10 MS. HAGGERTY: I have nothing further.
11 THE COURT: Okay. You may step down. Thank
12 you. Ms. Haggerty, how many more witnesses do you have?
13 MS. HAGGERTY: I have no more witnesses, Your
14 Honor. We rest.
15 THE COURT: Do you want to move the admission
16 of your exhibits?
17 MS. HAGGERTY: Yes, I believe I only entered
18 Plaintif f's Exhibit 1, and I would ask for admission of that
19 exhibit at this time.
20 THE COURT: Mr. Whare, do you have any
21 objection to the admission of Plaintiff's Exhibit 1?
22 MR. WHARE: I do not, Your Honor.
23 THE COURT: Plaintiff's Exhibit 1 is
24 admitted.
25 (Whereupon, Plaintiff's Exhibit No. 1 was
95
I admitted into evidence.)
2 THE COURT: Mr. Whare, for the record do you
3 want to move the admission of Defendant's Exhibits 1 and 2?
4 MR. WHARE: Yes, I would, Your Honor.
5 THE COURT: Ms. Haggerty.
6 MS. HAGGERTY: No objection.
7 THE COURT: Defendant's Exhibits 1 and 2 are
8 admitted.
9 (Whereupon, Defendant's Exhibit Nos. 1 and 2
10 were admitted into evidence.)
11 THE COURT: Do counsel wish a transcript
12 prepared from today's hearing?
13 MS. HAGGERTY: Yes, Your Honor.
14 MR. WHARE: Yes, Your Honor.
15 THE COURT: Both of you do. We will enter
16 this order. And now, this 11th day of June, 2003, upon
17 consideration of Plaintiff's petition to modify custody and
18 following an initial period of hearing, which is not yet
19 complete, the record shall remain open and counsel are
20 requested to contact the Court's secretary for purposes of
21 scheduling a final period of hearing in this matter.
22 Pending the final period of hearing, the order of court
23 dated March 12, 2001, shall remain in full force and effect.
24 It is noted that at the time of adjournment on
25 today's date, Plaintiff had completed his case-in-chief with
96
1 respect to the petition to modify and that Plaintiff's
2 Exhibit 1 and Defendant's Exhibits 1 and 2 had been
3 identified and admitted. No other exhibits had been
4 identified or admitted.
5 Pursuant to a request of each counsel, the
6 stenographer is directed to prepare and file the transcript
7 of the notes of testimony from today's date.
8 At the time of resumption of the hearing herein,
9 Defendant will present her case-in-chief. Thank you very
10 much. Court is adjourned.
11 (Whereupon, Court adjourned at 4:15 p.m.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
the same.
,R)
1 r/1 ?' ?lJf'1 /r/D_ I
Laura F. Handley k
Official Court Reporter
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and
directed to be filed.
{A u 6 2,P o? I UzLr?t ? L
Date J. esley OleiC- r., I
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DAVID J. MARKHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
McLISA A. MARKHAM, CIVIL ACTION - LAW
Defendant N0. 99-6773 CIVIL TERM
IN RE: POTION IN LIMINE
ORDER OF COURT
AND NOW, this 11th day of June, 2003, upon
consideration of Plaintiff's Motion in Limine, the motion is
denied.
Kara W. Haggerty, Esquire
For the Plaintiff
Michael J. Whare, Esquire
For the Defendant
lfh
By the Court,
(?,' ., ? -
C.
DAVID J. MARKHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
McLISA A. MARKHAM, CIVIL ACTION - LAW
Defendant N0. 99-6773 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 11th day of June, 2003, upon
consideration of Plaintiff's Petition To Modify Custody and
following an initial period of hearing, which is not yet
complete, the record shall remain open and counsel are
requested to contact the Court's secretary for purposes of
scheduling a final period of hearing in this matter. Pending
the final period of hearing, the order of court dated March
12, 2001, shall remain in full force and effect.
It is noted that at the time of adjournment on today's
date, Plaintiff had completed his case-in-chief with respect
to the Petition To Modify and that Plaintiff's Exhibit 1 and
Defendant's Exhibits 1 and 2 had been identified and
admitted. No other exhibits had been identified or admitted.
Pursuant to a request of each counsel, the stenographer
is directed to prepare and file the transcript of the notes
of testimony from today's date.
At the time of resumption of the hearing herein,
Defendant will present her case-in-chief.
i
1.
I
By the Court,
J. 'Wesley Olpr,) Jr-, J-,
Kara W. Haggerty, Esquire
For the Plaintiff
-173
Michael J. Whare, Esquire
For the Defendant
:lfh
DAVID J. MARKHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
McLISA A. MARKHAM, CIVIL ACTION - LAW
Defendant NO. 99-6773 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 7th day of August, 2003, upon
consideration of Plaintiff's Petition To Modify Custody with
respect to the parties' child, Jazmyne L. Markham (date of
birth December 17, 1996), and following a hearing held on
June 11, 2003, and August 7, 2003, the record is declared
closed and the matter is taken under advisement.
By the Court,
Ley O , Jr., J.
John A. Abom, Esquire
For the Plaintiff
Michael J. Whare, Esquire
For the Defendant
/ IJfM
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DAVID J. MAIM IAM. IN T[ IFCOURT OF COMMON 111-H AS OP
I'laintil'f CUMBERLAND COUNTY. I'INNSYLVANIA
V. CIVIL ACTION - LAW
McI.ISA A. WIESNIESKI.:
Defendant NO. 99-6773) CIVIL TERM
ORDER OF COURT '
AND NOW, this S"' day of August. 2003, upon consideration of PlaintilTs
Petition '1'0 Modify Custody with respect to the parties' child. Jazmyne L. Markham
(d.o.b. December 17. 1996). rollowing a hearing held on .lone 11, 2003. and August 7.
2003, and based upon the court's perception as to the best interest of the child. the
petition is denied and the Order of Court dated March 12, 2001 (as aflcctcd by the Order
orcourt dated April 14. 2003) shall remain in full lorce and effect.
BY THE COURT,
z Wesley Olcr J.
Kara 1-1aggerty, Esq.
John A. Abom, Esq.
Attorneys lbr Plaintiff
Michael J. Whare. Esq.
Attorney ror Defencant
,' :rc
DAVID J. MARKHAM IN'II II: ('Of IRT OF C'OMNION PLEAS OF
PLAINTIFF <'IIMRIiRLANU C'Ol1N'fY. i'IiNNSI'I,Vr\MA
99-6773 CIVIL ACTION LAW
MELISA A, bIARKI IAM
IN C'US'I'OUl'
DEFENDANT
ORDER OFCO1 ICI
AND NOW. Thursday,.lul•22,2004 - , upon consideration of' tile attached Complaint,
it is hereby directed that parties and their respective counsel appear hclircc Iluberl X. Cilroy, Esq. the conciliator.
at 4th Floor, Cumberland County Courthouse, Carlisle un Thursday, August 19, 2004 at 10:30 AM
I'or a Prc-licaring Custody Conference. At such conl''erence. an cl'tittt will be made to resolve the issues in dispute: or
irthis cannot be accomplished, to deline and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age live or older may also be present at the conlirence. Iailure to appear at the conlcrence may
provide grounds for entry of 'a temporary or permanent order.
The court hereby directs the pairties to furnish any and all existing Protection front Abuse orders,
special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR TIII: COURT.
By: r,1 Htr(zcrt_ Gilroy 1_Esrt niht
Custody Conciliator
'['he Court ol'C'onunon Pleas of Cumberland C'ounly is required by lam to comply with the
Americans with Disabilites Act of 1990. For information about accessible 14cilitics and reasonable
accommodations available to disabled individuals having husincss before the court, please contact our oflice.
All arrangements must be made at least 72 hours prior to any hearing or business bchhre the court. YOU Most
attend the scheduled conference or hearing.
YOU SI IOULD TAKE'T] iIS PAIll; R'I'O YOUR ATf'ORNEY AT ONCE. IF YOU DO NOT
HAVE. AN ATI'ORNE.Y OR CANNOT AITORD ONF, GO TO OR '1'EI.ITHONE T U OFFICE SE I'
hOR'I'li BIiIA\V'TO FMD OUT WI IliRli l'OU Cr\N GII' LG(ieV. 111:1.1'.
CumberlandC'ount) Bar:\ssocialiun
32 South Bedford Street
Carlisle. Pennsylvania 17013
Telephone (717) 249-31(16
f >
k- I
JUL 2 0 2004 l
DAVID J. \IA1tKI-1A\I, IN 1'1 III. COUR"1' OIL COMMON 11H.'AS
plaintiff CUN11111-'M ANID COUNTY, pA
V NO. 99-6773 CIV11,11"I M
Mc].,ISI\ A. MG\RIQ-IA\i, CIVIL ACTION - LAW
Defendant
ORDER OF COURT
AND NOW, this day of 2004, upon consideration of
the attached petition to Modify Custody, it is hereby directed that the parties and their
respective counsel appear before on the clay of
the conciliator, at
2004, at -.m., for ;t pre-f Icaring Custody Conference.
At such conference, an effort will be made to resolve tite 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 temporaty order. If you fail to appear as provided by this Order,
an Order for custody, partial custody or visitation may be entered against you or the
Court may issue a warrant for your arrest.
BY 1'1-113 COURT,
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.
CUMBI3RLAND COUNTY BAR ASSOCIATION
32 SOU•I'1-1 B13DFORD
CAl?J,1S1,13, PA 17013
(717) 249-3166 0 R (800)990-910S
i
`t?
11WID J. \I:\Rlai:\\I,
Plaintiff
i\1CLIS:A A. A1:ARK` -A\I,
Defendant.
IN'fl 11" COURT"" CONI\ION 1'I.I?:\S
CU\Illl?RI..\ND COUNTY, P.\
NO. 99-6773 CI\'ll.'I'1:161
CI\'l l.:\(; I'ION - I.:\\V
PETITION TO MODIFY CUSTODY
AND NOII; the Plaintiff, D:n•id j. INIM-l:hatn, by and through his attorne)"
Kara W. Haggerty, 1?scjuire, avers the following:
1. '1'hc petition of David ). \Iarl:am, Plaintiff, respcctfulh• represents that on
March 12, 2001 an Order of Court was entered for partial custoclp of
Jarztnyne Markham (a true and correct copy of which is attached).
2. '1'hc parties participated in a hearing beforc''his Honorable Court on June
11, 2003 and August 7, 2003, at which tinic''his I-lonorable Court denied
Mr. \Iarkham's request to modify custoch.
3. Defendant has remarried and her legal name is \IeLisa \Vicsnieski.
-1. Since that hearing, the parties have been acting in accordance with the
March 12, 3001, Order of Court.
i. This Order should be modified hcC1t1I5C:
a. Defendant refuses to tell \h'. s\Ltrl.ham where slte and )suzmytlc arc
living.
I
b. Since August 3, 2003, Mother/Defendant has moved three (3) times,
and thuS, she has (tiled to provide a stable residence for.jazzmyne.
c. Mother/Defendant has made inappropriate choices regarding
housing for_Jazrmync.
d. It is believed that'lother/Dcfcnclant and Jazzmync are residing in
separate residences.
c. Because it is unknown where Mother/Defendant and Jazrmyne are
currently residing, Mr. Markham does not know where Jazzmyne will
be enrolled and attending school for the 2004-2005 school year.
f. )azzmyne spends a majority of overnight time with'Ir. Markham's
mother, Lytle Nlarkham.
g. Mr. Markham and his mother have a very strained relationship and
Lyde'larkham does not inform Mr. Markham of her periods of
custody.
h. It is believed that Mother/Defendant asks Lydc Markham to care for
Jazzmvne when she is unavailable rather than allowing Mr. Markham
to care for and spend time with his daughter.
i. it is believed that)azzmyne has spent more time with her paternal
grandmother than her Mother since the last court hearing.
j. Ally time the \lod1C1'/Defe1ldant i. unable ul exercise periods of
Col. IN• with jazzmcne, then that time should be gr hied to Mr.
\larl:hanl to exercise hcriocls of custody with Jaz•rnl\ . lie.
I:. 'I'hc i\hU•CIl 12, 3001, Court ()rdcr proyidcs in averment #12:
"Neither parent shall abuse alcohol in the prescncc of the child nor
use illegal drugs. •l•he parcnts shall make every effort to ensure that
thirst parties refrain from abusing alcohol or using illegal drugs while
in the presence of the child."
1. It is believed that Mother/Defendant did abuse alcohol in the
presence ofjstzznl)•tlC as well as allow third parties to abuse alcohol
in the presence of lazznl)•ne while \Iothcr and child were residing in
the attic of the residence on North Vitt Street in Carlisle,
Pennsylvania.
m. \C%hile in the care of paternal grandmother, at the request of
\lothcr/Defendsult,jazznl)•nc obscr-v cd her aunt being taken from
the honk by cnlet,gCIICV pcrsonncl due to alcohol abuse.
n. \Iothcr•/Defendant has frauchdenth• obtained telephone sclvice b)
tlSnlg)azzmyne's Hanle and soClal SCCUnty slumber.
_ .. -.. rc+.+ _.
va+ar."'.-k-n _CL'JTxL: OfPiW '?'Y15
o. '1'hcrc is currently an outstanding unpaid tclcllhcmc bill in Ja"'llyne's
name. (:\ copy of the telephone bill is attached hereto as `I?xhibit 11').
p. Mother/Defendant has failed to Satisfy :ul outstanding dental bill
from December 2003, resulting in the dentist refusing to treat
Jazzmyne until the bill is paid in full.
q. A modification of the existing custody Order would be in the best
interest of the subject minor child because it mould provide her a
more stable envlronlnCllt.
WHEREFORE, the petitioner requests that, in the best interest of the parties'
minor child, this Honorable Court modify the existing Order of Court to provide
father primary physical custody and Mother partial physical custody on an every
other weekend basis.
DATE D l I q
Respectfully submitted,
MOM& KUTm4ms, L.L.P.
Kara W. Haggerty, I' ,( ire
ID No. 8691=4
36 South Hanovcr Street
Carlisle, PA 17013
(717) 249-0900
Attorney for plaintiff
._.Q
U-1 -
VERIFICATION
1, DAVID J. MARKHAM, verify Chat the statements made in this Petition to
Nlodifp Custody are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. § 4904 relating to Unworn falsification to
authorities.
Date
/ ??? ?!
1 f ViD J. \IARKHAi\i
CERTIFICATE OF SERVICE
AND NOW, this 19th clap of J Illy 2004, I, Data W. I lashi crty, I "squire,
hereby certify that I did serve it true and correct copy of the foregoing
PETITION TO MODIFY CUSTODY upon the Defendant by depositing,
or causing to be deposited, satne in the U.S. mail, postage prepaid, at Carlisle,
pcnnsyli,ania, addressed as follows:
Michael Wharc, I:-'squire
Romingcr & Bayley
155 S. Hanover Street
Carlisle, ]'A 17013
•'itj?
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IN TI-IE'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID.J. MARKHAII,
Plaintiff No. 99-6773 CIVIL TERN[
V.
IN CUSTODY
AIeLISA A. AIARKHAM,
Defendant
ORDER OF COURT
AND NOW. this day of ck f-(I Y 0001, upon prescntaticn of the
attached Stipulation for Entry of Custody Order. IT IS HEREBY ORDERED AND DECREED
that custody ofthe minorchild, JAZMYNE L. MARKHAM, born December 17, 1996, is awarded
as follows:
I. The parents shall share legal custody of their child, JAZMYNE.
2. MOTHER shall have primary physical custody of the minor child.
i. FATHER shall have partial physical custody of the minor child on alternate weekends
from Thursday at 6:00 p.m. until Monday at 6:00 p.m. beginning March 1, 2001; and on alternate
Thursdays at 6:00 p.m. until Friday at 6:00 p.m. beginning March 8, 2001.
4. MOTHER and FATHER shall each have two (2) consecutive uninterrupted weeks of
summer custody with the minor child each year. The parents shall give each other thirty (30) days
written notice of their chosen weeks for summer custody. In the event that both parents choose the
same weeks, the parent who gives first notice shall prevail.
5. The holidays of New Year's Day, Memorial Day, the Fourth of July and Labor Day shall'
EXHIBIT A
be IItenfated between the parents each pear. regardless ofthe usual schedule. The hours shall be from
6:00 p.nt. rile evening before the holiday until 6:00 p.m. on the holiday, except that consideration shall
be given fix special instances such as fireworks.
1112000 and in all cren years thereafter, FAT[ IER shall have New )'car's Day and Are Fourth
Of July and MOTH IER shall have Memorial Day and Labor Day.
1112001 and in all odd years thereafter. MOTHER shall have New Year's Day and the Fourth
of July and FATHER shall have ivIcntorial Day and Labor Dav.
6. The parents shall alternate the holidays of Easter and Thanksgiving each year, regardless
of Are usual schedule, 'file hours shall be from 6:00 p.m. the evening before the holiday until 6:00
p.m. on the holiday.
In 2000 and in all even years thereafter, FATHER shal I have Easter and MOTHER shall have
Thanksgiving.
In 2001 and in all odd years thereafter, rMOTI-fER shall have Easter and FATHER shall have
Thanksgiving.
7. The Christmas holiday shall be divided into two (2) segments. Segment "A" shall be
from noon on Christmas Eve until noon on Christmas Day. Segment "f3" shall be from noon on
Christmas Day to.Al noon ; n Dzcc 2Eih.
In 2000 and in all even years thereafter. FATHER shall have Segment "A" and MOTHER
shall have Segment
ht 2001 and in all odd years thereafter, MOTHER shall have Segment "A" and FATHER shall
have Segment ••Q".
. S. MOTHER shall have the minor child on h?other's Day and FATE IER shall have the
minor child on Father's Day, regardless of the usual schedule. These hours shall be from 6:00 p.m.
the Sattfrday, before the holiday until 6:00 p.m. the day of the holiday.
9. Both parents shall have the opp minity to see the minor child on hrr birthday,
December 17".
10. The schedules for all holidays, special occasions and vacations shall take priori[v over
the usual altemating weekend schedule.
11. Whichever parent is receiving custody shall provide the transportation.
12. Neitherparenlshallabusealcoholinthepresenceofthechildnoruseillegaldrugs.The_
parents shall makeevcry effort to ensure that third parties refrain from abusing alcohol or using ille-11
drugs while in the presence of the child.
13. There shall be reasonable telephone access between the child and both parents. The
child shall be permitted reasonable telephone access to place calls to her parents.
14. MOTHER shall claim the child as an exemption on her income tax returns for 2000
and in all ),cars thereafter.
15. Both parents agree that, by their mutual consent, a modified schedule may be agreed
upon between them for and in the best interests of their minor child.
16. By mutual consent of the parents, a modified schedule may be agreed upon between
them for and in the best interests of lhr•;r minor child
17. This Order shall replace and supercede any and all prior Custody Orders• and shall
remain in full force and effect until further Order of Court.
7.4
andj' of Gi . i! •.ort 't rlisla,
Trut waol.w `
BY TRIG COURT:
1lonorablet-dgar B. Bayley
1`.
Order on the date indicated below.
111 1
Date
,3.1.01
Date
•• II r.?l.y n i 1 IU = II ,
Witness; ,leLISAe1.MARKHrlA1
itn
AVID J. t ARKIIAM
Z
VERIFICATION
I, DAVID J. MARKHAM, verify that the statements made in this Peddon to
Modify Custody are true and correct. I understand that false statements herein arc- -
made subject to the penalties of 13 Pa.C.S. 6 4904 relating to unsworn fialsification to
authorities.
Date-3 ray" -0?
I?r1VID J. IVIt\RKI-IAD4
-------------------.---------------
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436 N PITT ST RKfIAM
CARLISLE PA 17013-1945
Please pay past duo amount of
$79.59 rmmodiately.
Total amount due: 5176.15
$177.47 if recoived alter June 25.
Amount enclosed:
Wme yov, 13-A.S7, customer number On chock.
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JAZMYNE MARKHAM
436 N PITT ST
CARLISLE PA 17013.1945
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S177.47 U reeeived after Jmre 25.
Amount enclosed:
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PO Box 740463 46274-0463 '
Cincinnati OH 1
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DAVID.L MARKI IAM. IN TI IF COURT OF COMMON PLEAS OF
Ilaintiff CUMBERLAND COUNTY. PENNSYLVANIA
?'• CIVIL ACTION - LAW
Mel_ISA A. WIESNIESKI.:
Defendant NO. 99-6773 CIVIL.TI:IZNl
ORDER OI' COURT
AND NOW. this 20°i day of August. 2004, upon consideration o!'Plaintil7 s
Petition I'or Special Relict: this matter is referred to the custah, conciliator and shall be
considered at the conference scheduled lbr Aueust 27. 3004.
BY TI IE COURT.
.I (I V?slcy Olcr,)?...I.
l lubert X. Gilroy. Esq.
Custody Conciliator -- z;:+
VJ3/i9 - ?.
Kara W. I Ia„crty. Esq.
36 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
McLisa A. Wiesnieski
76 E. Poni yet Street
Apt. 2
Carlisle. PA 17013
Defendant, pro se
:rc
AUG 2 0 2004
DAVID .I. IN1r\RKI WNI, IN TI Ili COURT ()I: C'O,\'IiN-ION PLEAS
Plaintiff C'LAMI RL.AND COUNTY. PA
NO. 99-6773) C'IVII - TI:RUM
McLISA A. WILSNILSK1, CIVIL ACTION - LAW
Defendant IN CUS'T'ODY
ORDER OP COURT
\ND N(AV, this LIM- of .\ugu't.'U(1-1, after cotlsldcraIiolI of the \yithill
petition tilt Special Relief, it is hereby OItDI:1 WD AND DF(AW.F.D that Petitioner,
David ?. \I:uhham, shall have primary physical custody of ?azmync \larl;h;un, born
Decctnbcr 17, 1996. It is further ordered 111:11 PC1illUncr shall enroll the child in
school in the School district \yhcrc 11c re'idcS. It i' furihcr ordered that Rc'pondcnt,
\Icl.iSa A. \C'iesnicSl:i, Shall h:n c p;u'ri;tl physical custody on an cycry other weekend
basis :uid at Such other time' ns the panic; c:ut :hrec. 1'hc panic' Will further litigate
thiS issue and any other oulSUUUIin iSSUCS n,earilin,; cu'nxk in the pending cusuuly
conciliation conlcrcncc.
I\'I'I II:.\I:I'I:K\.\'I'I\'I(, a hc;n'in}; i> schcdulCd nn the PC HIPM I"M- SIn•Cial
Relief on , the d6n' of .\tir;u;t, 210 -I, in C uur trnnnt t= (d
the (:Utnbefl;uul (:UtttltV (:c>UrthoU-;e, C:lrliSlc, Pcnn>chV:utia.
M''I'I II . C( )l_ RT:
DiSrribUriOII:
Kara W. I laggerty, I{syuirc
36 tiouth I lanu?'cr titrccr
Carlisle, PA 17013
Mcl.isa A. \Cicsnic:ki
76 1 :. Pomfret Street
Apr 2
(:arlislc, P.\ 17013
i
i
e
DAVID J. MARKI-IAM.
Plaintiff
v.
JMcLISA A. WIESNILSIU
Delenclant
IN TI-IL COURT OF COMMON PLGAS
CUMBERLAND COUNTY, PA
NO. 99-6773 CIVIL "ITERM
CIVIL AC'T'ION - LAW
IN CUSTODY
PETMON FOR SPECIAL RELIEF
AND NOW, comes tile Plaintiff, David J. Markham, by and throt,gh his
attorney, tiara \\'. 1-1:iKgcrtN,, I {SgUirC, Std files this Petition tcn• Special Relicf and in
support thereof, avers the following:
I. Petitioner, I?;rvid J. \[arl:ham, with a permanent residence of GO f°tith
Circle, Carlisle, Cumberland COUm1•, Pcnnsylv;uiia, is the natural father of
J;umanc Ahul:ham, born December 17, 1996. The Petitioner resides at that
address with his wifc,her two children and their inhuu son, aS well as
Jannync during Peritioncr's periods of Custod%.
2. Rcspondcnr,,,\Icl.isa A. \Vicsnieski, iS the natural morher of ju..mane
Markham. Ir iS unknown where IZespondcnr is currcnrk residing with the
child.
3. Respondent refuses to tell :Mr. Markham where she and Jaznx me are living.
4. Mr. Markham would provide a pernuutcnt residence and a Stable
environment forJ;vmvnc.
5. Recausc it is unknuWn %%-hcrc Respondent and jazmt•nc are currentlt
residing, \Ir. \(:u•Idt:ttn dues not Ictlow where jatzmylic will be enrolled and
attending school for the 300.1-2005 school year.
G. The 200-1-2005 school Near begins on ALlgtust 30, 2004.
7. Mr. Markham WOUId lilac to provide his address as Iaztm ac's permanent
residence and enroll her in Crestview 1:Icmcnt rv School, the school district
where he resides.
8. Mr. Markham will provide Respondent with all paperwork and
documentation that he receives pertaining to J:tzm}•nc's education, its the
patties da share Icgal custody.
9. It is in jaznnme's best interests to reside in her school district and to not be
subject to changing schools in the middle of the school \'ear should her
residence with her mother change.
10.TIlC sole purpose of this request is to provide jamilyne with stability
regarding her school attendance and education.
I I. Mr. Markham has also filed a Petition to \lodifi. CnsIUdC that raises
multiple issues regarding custody, including Mr. ,Marl:ham's desire to
provide a stable em•ironment for his daughter. A custoch• conciliation
confcrencc is currcnth• scheduled for Atg;ust 27, 200-1.
I2.'I'11c panics will Iu"III cr IiIig:uc :etc other outstanding issues ri,garding
C1SIOLIV at the CUSUnIc Co lldi:uion Conference.
WHEREFORE, the Pctitioncr rcquusts that, in the bust interest of the parties,
minor child, this Honorable Court grant lather primer ph%'Sic:d custodV so (11:11 he
mac enroll Janncne in school. Petitioner further requests that Mother be gr:urtcd
partial phVsical custoiIV on :111 C•erc other weekend basis, as Well as additional time
throt,ghout the week. The parties will litigate :111y outstanding issues regarding
cusnxh• of I:lrmcnc at the upcoming cusuxh• conciliation confcrcncc.
RcspCCtfUllr sUbillitled,
Amu & KUTULAKis, L.L.P.
Lla
DxrI-,. 00 20 U:10.
Kara W. I laggertc, hs lire
ID No. SG91-1
36 South I lanoc•cr Street
Carlisle, PA 17013
(717) 2-19-0900
Attornuc fOr Petitioner
V;iMI (CATION
IVU;1 \\'. I I;tf,'l;crtt•. I{,yuirc, st:ucs that she i; the nn?n•nct• I' of. the parlt• riling
the lol.cgoing Pcrition for Special Relief-' that she makes this afl]darit as :tn atturneti•,
bMIUSe the p:u'rc tin' ?? hunt site makes this allidat it is outside the jurisdiction ()I' III e
court, and ?crifiruiun of the PCtillUner cannot be obtained within the rime allowed
fur the riling of the ducununt: and tit:tr she has suHicicnt knou•Ic(Ige or information
soul belief, based upon her investigation of [lie mallets ;t?crrc(I in ncu l'ol-cgoing
document: and 111:11 this statement is made subject to rite penahics of 13 Pa.C.S. -190-1
rcl;uing u> uns?wrn falsifirttion of:unhoritics.
Rcspectfulh• suhntirtr(I,
A130,11 & KU7'UL.4KGS, L.L.P
l):, rr.: ? Zo D
Kara W. I I:ii,,gcrtt, I: LI I -C
36 S(mth I I;uu,? cr tilrCCI
(:arlislc, Pcnnst h•ania 17013
(717) 2-19-U9U(i
.\nonlev for Pctilioncr
11) #8691-1
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G
DAVID J. MARKHAM : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
MELISA A. WIESNIESKI : NO. 99-6773 CIVIL
ORDER OF COURT
AND NOW, this 15TH day of SEPTEMBER, 2004, the Petition for Contempt
of Custody Order is referred to conciliation in accordance with the Local Rules of
Court.
By,thre- Court,
Edward E. Guido, J.
-141'c?hael Whare, Esquire
Kara W. Haggerty, Esquire
Court Administrator
sld
0.iic-c k L
I \?
G
11
VP004
SEP V004
DAVID J. MARKHAM, IN'I'I-IE COURT' 01' COMMON PLEAS
Plaintiff CUMBERLAND COUN'T'Y, PA
N'. : NO. 99-6773 CIVILTERM
N/IeLISA A. WIESNIESKI, CIVIL ACTION-LAW
Defenclant IN CUSTODY
ORDER OP COURT
AND NOW, this clay of September, 300.1, Upon consideration of the attached
Petition for Civil Contempt for Disobedience of Custody Order, it is ORDLRED and
DECR1 13D that Respondent, Mcl.isa A. Markham, is hereby held in Contempt.
It is further ORDIiIM"D and DECRFF'D that petitioner, David Markham shall
immediately take primary physical custody of the subject minor child.
It is further ORDERI3D and DECR1 13D that Respondent pay the court costs and
attorney's fees associated with petitioner bringing this petition.
IN THE ATA'ERNATIVE, it is Ordered and Decreed that the parties and their
respective counsel appear before This Honorable Court, on the day of
2001, at m., for a Hearing on said Petition.
BY THE COURT:
Michael \Wharc, ESquirc
Rotningcr & Bayley
155 S. Hanover Street
Carlisle, PA 17013
Kara W. Haggerty, Isyuire
Attornev for Petitioner
36 South Hanover Street
Carlisle, PA 17013
DAVID.I. MAIZKI-IAfvt,
Plaintiff
V.
McLISA A. WIESNIESKI,
Defendant
IN TI IE COUR"I' OF COMMON PLEAS
CUM[3ERLAN1) COUNTY, PA
NO. 99-6773 CIVIL "PERM
CIVIL ACTION - LAW
fN CUSTODY
PETITION FOR CIVIL CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER
AND NOW, this 10th day of September, 2004, comes the Petitioner,
David J. Markham, Sr., by and through his counsel, AaONt & KUTULAKIS,
L.L.P., and respectfully petitions This Honorable Court to hold Respondent,
McLisa A. Wiesnieski, , in contempt of its Order, and in support thereof avers
the following:
1. On or about March 12, 2001, this Honorable Court signed a Final
Custody Order directing the parties to share legal custody of the subject minor
child and granted Mother primary physical custody with Father being granted
partial physical custody on alternating weekends from Thursday at 6:OOPM until
Friday at 6:OOPM.
2. The Custody Order and custody schedule was to become effective
immediately.
3. On Wednesday, August 25, 2004, the Defendant left the child outside
the Trindle Inn Bar while she went into the bar to look for her boyfriend.
4. The child stayed with the Defendant on Monday, August 30, 2004, and
Tuesday, August 31, 2004.
5. On Wednesday, September 1, 2004, the child stayed with her paternal
grandmother over night.
6. Defendant was supposed to pick up the child after school on Thursday,
September 2, 2004, but never picked up her daughter.
7. The school subsequently called the child's paternal grandmother and
she picked up the child.
8. The Defendant did not contact the child's paternal grandmother to pick
up the child until 4:30 p.m. that evening.
9. Thursday evening (September 2, 2004), pursuant to this Court's Order,
the child spent the night at the Plaintiff's residence.
10. Friday (September 3, 2004) in the evening, the Defendant was seen at
the Trindle Inn Bar. Pursuant to this Court's Order, the child should have been
in the Defendant's custody. The Plaintiff was not contacted pursuant to the
right of first refusal in this Court's Order.
11. On Saturday, September 4, 2004, the child spent the day and night
with her paternal grandmother.
12. On Sunday, September 5, 2004, the child spent the day and
overnight with her paternal grandmother.
13. When sleeping at the Defendant's current residence (her boyfriend's
house), the seven year old child is either sleeping in a "Pack-And-Play" (like a
play pen, but smaller) or is sleeping on the floor.
14. On Wednesday, Sept. 8, 2004, the child spent the night with her
paternal grandmother.
WHEREFORE, Petitioner prays that this Honorable Court find
Respondent in contempt of its Order. Petitioner prays that this Honorable
Court grant the Petitioner primary physical custody until the date of trial which
is October 28, 2004. Further, Petitioner prays that this Honorable Court direct
Respondent to pay the costs and attorney's fees associated with Petitioner
bringing this Petition.
Respectfully submitted,
ABOM & KuTULAras, L.L.P.
y /lam ?? ?? -? ?hJ
Date 9 b a
Michael T. Traxler
ID No. 90961
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
CERTIFICATE OF SERVICE
ANID NOW this 10`' day of September, 200-1, I, Rhonda D. Rudy, of Abom &
Kurulakis, Li_I; hereby- certil)' that I did serve a true and correct copy of the
foregoing PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF
CUSTODY ORDER upon tiic Respondent by depositing, or causing to be
deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed
as follows:
By First-Class & Certified Mail:
1\lichacl W11mc, I-Esquire
lZomingcr & Baylet•
155 S. Hanover Street
Carlisle, 13,\ 17013
Rhonda D. Rudy
Secretary to Alichael'1:'l'raxler, L.cluire
:m
\N
DAVID J. MARKHAM IN THE COURT OF COMMON PLEAS OF
V CUMBERLAND COUNTY, PENNSYLVANIA
MELISA A. WIESNIESKI : NO. 99-6773 CIVIL
ORDERURT
AND NOW, this 15TM day of SEPTEMBER, 2004, the Petition for Contempt
of Custody Order is referred to conciliation in accordance with the Local Rules of
Court.
Michael Whare, Esquire
Kara W. Haggerty, Esquife
Court Administrator
:sld
BY e Court,
Edward E. Guido, 3.
i
nF , Q.
?( lAlopot o`r
??1M
SEP 1 0 2004
DAVID J. MARKHAM, IN THE COURT OP COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. : NO. 99-6773 CIVILTERM
McLISAA. WIESNIESKI, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
ORDER OF COURT
AND NOW, this day of September, 2004, upon consideration of the attached
petition for Civil Contempt for Disobedience of Custody Order, it is ORDERS-D and
DI'C1tl;ED that Respondent, McLisa A. Markham, is hereby held in Contempt.
It is further ORDERED and DECREED that Petitioner, David Markham shall
immediately take primary physical custody of the subject minor child.
It is further ORDERED and DECRIMED that Respondent pay the court costs and
attorney's fees associated with Petitioner bringing this Petition.
IN THE AU 1'ERNA'1'IVE, it is Ordered and Decreed that the parties and their
respective counsel appear before This Honorable Court, on the day of
200.1, at An., for a Hearing on said Petition.
BY THE COUR"I':
Honorable Edgar 11. Bayley
i Iichacl Whal-C, IMsyuirc
Rotninger & Bayley,
155 S. Hanover Street
Carlisle, PA. 17013
Kara W. Haggerty, Esquire
Attorney for Petitioner
36 South Hanover Street
Carlisle, PA 17013
DAVID J. MARKI-IAM,
Plaintiff
V.
McLISA A. WIESNIESKI,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 99-6773 CIVILTERM
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR CIVIL CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER
AND NOW, this 10th day of September, 2004, comes the Petitioner,
David J. Markham, Sr., by and through his counsel, ABOM & KUTULAKIS,
L.L.P., and respectfully petitions This Honorable Court to hold Respondent,
McLisa A. Wiesnieski, , in contempt of its Order, and in support thereof avers
the following:
1. On or about March 12, 2001, this Honorable Court signed a Final
Custody Order directing the parties to share legal custody of the subject minor
child and granted Mother primary physical custody with Father being granted
partial physical custody on alternating weekends from Thursday at 6:OOPM until
Friday at 6:OOPM.
2. The Custody Order and custody schedule was to become effective
immediately.
3. On Wednesday, August 25, 2004, the Defendant left the child outside
the Trindle Inn Bar while she went into the bar to look for her boyfriend.
4. The child stayed with the Defendant on Monday, August 30, 2004, and
Tuesday, August 31, 2004.
1 t., 7
5. On Wednesday, September 1, 2004, the child stayed with her paternal
grandmother over night.
6. Defendant was supposed to pick up the child after school on Thursday,
September 2, 2004, but never picked up her daughter.
7. The school subsequently called the child's paternal grandmother and
she picked up the child.
8. The Defendant did not contact the child's paternal grandmother to pick
up the child until 4:30 p.m. that evening.
9. Thursday evening (September 2, 2004), pursuant to this Court's Order,
the child spent the night at the Plaintiff's residence.
10. Friday (September 3, 2004) in the evening, the Defendant was seen at
the Trindle Inn Bar. Pursuant to this Court's Order, the child should have been
in the Defendant's custody. The Plaintiff was not contacted pursuant to the
right of first refusal in this Court's Order.
11. On Saturday, September 4, 2004, the child spent the day and night
with her paternal grandmother.
12. On Sunday, September 5, 2004, the child spent the day and
overnight with her paternal grandmother.
13. When sleeping at the Defendant's current residence (her boyfriend's
house), the seven year old child is either sleeping in a "Pack-And-Play" (like a
play pen, but smaller) or is sleeping on the floor.
14. On Wednesday, Sept. 8, 2004, the child spent the night with her
paternal grandmother.
WHEREFORE, Petitioner prays that this Honorable Court find
Respondent in contempt of its Order. Petitioner prays that this Honorable
Court grant the Petitioner primary physical custody until the date of trial which
is October 28, 2004. Further, Petitioner prays that this Honorable Court direct
Respondent to pay the costs and attorney's fees associated with Petitioner
bringing this Petition.
Respectfully submitted,
ABOM & KUTULms, L.L.P.
Date 9 / a/c
Michael T. Traxler
ID No. 90961
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 10°i day of September, 2004, I, Rhonda D. Rudy, of Abom &
Kutulalds, LLI, hereby certify that I did serve a true and correct copy of the
foregoing PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF
CUSTODY ORDER upon the Respondent by depositing, or causing to be
deposited, same in the U.S. mail, postage prepaid, at Carlisle, pennsylvania, addressed
as follows:
By First-Class & Certified Mail:
i lichael Whare, Esquire
Ronvngcr & Bayley
155 S. Hanover Street
Carlisle, PA 17013
Rhonda D. Rudy
Secretary to i\-Iichael T. Trasler, Esquire
SF.t%
DAVID J. MARKHAM,
Plaintiff
v
MELISA A. MARKHAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAN
NO. 99 - 6773
IN CUSTODY
COURT ORDER
AND NOW, this 23, J day of September, 2004, upon consideration of the attached
Custody Conciliation report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County
Courthouse on October 28, 2004 at 9:30 a.m. at which time testimony will be
taken in the above case. At this hearing, the father shall be the moving party
and shall proceed initially with testimony. Counsel for the parties shall file
with the Court and opposing counsel memorandums setting forth the history
of custody in this case, each parties position on the custody issue, a list of
witnesses who will be called on behalf of each party and a summary of the
anticipated testimony of each witness. This memorandum shall be tiled at
least 5 days prior to the mentioned hearing date.
2. Pending further order of this Court, this Court's prior orders of March 12,
2001 and August 8, 2003 shall remain in effect subject to the following
modification:
a. In the event the mother for any reason is not able or prepared to take care
of the child for a period of time, mother shall contact the father initially to
determine if the father desires to provide day care of the child. If the
father is available, father shall enjoy custody of the minor child during
such times. If the father is not available, mother may then use the
paternal grandmother for clay care.
BY 'rHE COURT,
j i dge.I. Wesley ler, Jr'
cc: _Ilichael J. Whare, Esquire
Kara W. Haggerty, Esquire
V
DAVID.1. MARKHAM,
Plaintiff
MELISA A. MARKHAM,
Defendant
SEP :4?1
IN TILE COURT OF COQ ION PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 6773
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
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:
Jazzmyne Markham, born December 17, 1996.
2. A Conciliation Conference was held on August 27, 2004, with the following
individuals in attendance:
The father, David J. Markham, with his attorney, Kara W. Haggerty, and the
mother, Melisa A. Markham, with her attorney, Michael J. Whare.
3. There is a custody order in existence since 2001 giving mother primary custody. The
Court held hearings last year on the father's request to get primary custody, and the
Court denied father's request at that time. Father has now filed another petition
seeking primary custody and suggests that the mother has no permanent living
address and a variety of other problems that suggest that the mother's lack of
stability is not in the best interest of the child. Because of the status quo with the
mother having primary custody and the fact that this Court has already addressed
the case on hearings, the Conciliator was unwilling to recommend any modification of
the custody order pending a hearing. However, a hearing is required in order to
address the father's concerns. The Conciliator recommends an order in the form as
attached.
q11 Y a a 6/1
DATE Hubert X. G' oy, Esquire
Custody C nciliator
o.
OCT 2 9 2004 i
DAVID J. iIMARKE-IAM, IN'1'1-113 COUR'T' OF CO\1NiON p1.13AS
Plaintiff CUMBI"BLAND COUNTY, PA
NO. 99-6773 CIVIL TFR\I
NleLISA A. WlI--'SNIP?SKI, CIVIL ACTION - LAW
Defendant
ORDER OF COURT
AND NOW this I sl day of k o •i , 2004, the
attached Custody Stipulation is hereby made an Order of Court.
BY "CHE COUR'T':
J•
Distribution:
bra W. Haggerty, Esquire
Michael Whare, Esquire
Hubert Gilroy, Esquire
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DAVID J . MARKI-IA\I, N T H HI? COURT OF COMMON PLEAS
Plaintiff CU\IBIM AND COUNTY, PA
V. NO. 99-6773 CIVll.'I-I:R\1
\IcI,ISA A. \C1IESNIESKI, CI\'ll. ACTION - LAW
Defendant
CUSTODY STIPULATION
AND NOW, this 2S"' day of October, 2004, the plaintiff (hereinafter "lather")
and the defendant (hereinafter "Mother"), having reached an agreement regarding
custody and the best interests and welfare of their minor child, stipulate as follows:
1. Legal Custody: The parries will share joint Icgal custody of Jazmyne Lcc
Markham, born December 17, 1996. The parties agree that major decisions
concerning their child, including, but not necessarily limited to, the child's
health, welfare, education, religious raining and upbringing shall be made by
them jointly, after discussion and consultation with each other, with a view
toward obtaining and following a harmonious policy in the child's best interest.
Mach part, agrees not to impair the other party's tights to shared legal custody
of the child. Each party agrees not to attempt to alienate the affections of the
child from the other party. Each party shall notify the other of any activity or
circumstance concerning their child that could reasonably be expected to be of
concern to the other. Day to day decisions shall be the responsibility of the
parent then having physical custody. With regard to any emergency decisions,
which mist be made, the parent having physical custody of the child at the
time of the emergency shall be permitted to make any immediate decisions
necessitated thereby. Flowcecr, that parent shall inform the other of the
emergency and consult with him or her as soon as possible. In accordance with
23 pa. C.S.A. §5309, each parry shall be entitled to complete and full
information from any doctor, dentist, teacher, professional or authority and to
have copies of any reports or information given to either party as a parent as
authorized by statute. Mutual agreement should be made, in advance, regarding
the following matters: enrollment or termination in a particular school or
school program, advancing or holding the child back in school, author%ing
enrollment in college, authorizing their child's driver's license or purchase of an
automobile, authorizing employment, authorizing either child's marriage or
enlistment in the armed forces, approving a petition for emancipation,
authorizing foreign travel, passport application or exchange student status.
2. Father shall have primary physical custody of the minor child during the school
year, bconning one (1) weer: prior to the first day of school and ending on the
weekend following the last day of school attended by the minor child.
3. Nlother shall have partial custody of the minor child during the school year in
accordance with the following schedule:
a. Alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m.
4. `rhe custody schedule will alternate during the sunnncr vacadon, with 'Mother
enjoying primary physical custody and Father enjoying partial physical custody
as outlined above.
5. 'Mother must have a permanent residence in order for the primary physical
custody schedule to alternate. Mother must provide Father with proof of a
pennanent residence prior to the sunttner vacation.
6. Transportation shall be shared such that the receiving party will transport the
child.
7. In the event Mother for any reason is not able or prepared to take care of the
child for a period of time, Mother shall contact Father initially to determine if
Father desires to provide care of the child. If Father is available, Father shall
enjoy custody of the minor child during Such timeS. if Father is not available,
Mother may then use the paternal grandmother for childcare.
8. Holidays:
a. The holidays of New t'ear's Day, Memorial Day, the fourth of f uly, and
labor Day shall be alternated between the parents each year. The hours
shall be from 6:00 p.m. the evening before the holiday until 6:00 p.m. on
the holiday, except that consideration shall be given for special instances
such as Fireworks. In all even-numbered years, Father shall have New
Year's Day and the Fourth of duly, and Mother shall have Memorial Day
and Labor Day. In all odd-numbered years, Mother shall have New
Year's Day and the Fourth of July, and Father shall have Memorial Day
and Labor Day.
b. The parents shall alternate the holidays of I.:aster and 'T'hanksgiving each
year. The hours shall be from 6:00 p.m. the evening before the holiday
until 6:00 p.in. on the holiday. In all even-numbered years, Father shall
have Laster and Mother shall have Thanksgiving. In all odd-numbered
years, Mother shall have Laster and Father shall have Thanksgiving.
c. The Christmas holiday shall be divided into two (2) segments. Segment
"A" shall be from noon on Christmas Eve until noon on Christmas Day.
Scgnnent "B" shall be from noon on Christmas Day until noon on
December 26'x'. In all even-numbered years, Father shall have Seg*tnent
"A" and Mother shall have Segment "13". In all odd-numbered years,
Mother shall have Scghnent "A" and I-ather shall have Segment "13".
d. Mother will have physical custody of the child on Mother's Day From
6:00 p.m. the Saturday before the holiday until 6:00 p.m. the day of the
holiday.
e. Father will have physical custtxly of the child on Father's Day from 6:00
p.m. the Saturday before the holiday until 6:00 p.m. the day of the
holiday.
f Both parents shall have the opportunity' to Sec the minor child on her
birthday, December 17'x'
g. The holiday schedule Shall tike precedence over the regular custody
schedule.
9. Summer: F'ach parent shall be allowed to choose a onc-weck summer vacation
time period with the child each year. The parents shall give each other thirty,
(30) clays written notice of their chosen week for Sumner custody. In the event
that both parents choose the same week, the parent who gives first notice shall
prevail.
10.The parents shall organize ways for their child to maintain their friendships,
extracurricular activities, and other special interests, regardless of which
household they may be in. It is also SUMCSted that toys, clothes, etc. not
become matters of contention. Major gifts should be discussed and coordinated
between the parents.
11.The parents shall permit and support the child's access to all family
relationships. Both parties shall accommodate special family events such as
weddings, family reunions, family gatherings, funerals, graduations, etc. with
routine visitations resuming immediately thereafter. Bach parent shall have the
option of proposing time or date variations to the other parent when special
recreational options or other unexpected opportunities arise. Liach parent must
confer with the other parent before arranging regularly occurring
extracurricular activities for the child that might interfere with regular visitation.
12. During any period of custody or visitation the parties to this Order shall not
possess or use any controlled substance, nor shall they consume alcoholic
beverages to the point of intoxication, nor smoke cigarettes inside the residence
or vehicle. The parties shall likewise assure, to the extent possible, that other
household members and/or houseguests comply with this prohibition.
13.Telephone Contact: Each parent shall be entitled to reasonable telephone
contact with the child that shall not be excessive as well as daily contact via e-
mail with the child when in the custody of the other parent.
14. Neither parent shall permanently relocate if the relocations would necessitate a
change in the visitation schedule or if the relocation would result in a change of
school for the child or exceed a fifty (50) mile radius without a minimum notice
of ninety (90) days to the other parent. The ninety (90) day notice is designed to
afford the parents an opporrunity to renegotiate the custodial arrangements or
to have the matter listed for a Court hearing. For the child's welfare, neither
parent should consider moving very far from the other until the child has
reached adulthood.
15. No Conflict 'Gone: Mach parent agrees not to attempt to alienate the affections
of the child from the other and will make a special conscious effort not to do
so. Both parents shall establish a no-conflict zone for their children and refrain
from making derogatory comments about the other parent in the presence of
the child and, to the extent possible, shall not permit third parties from making
such comments in the presence of the child whether the child is sleeping or
awake. Fach parent shall speak respectfully of the other whether it is believed
the other reciprocates or not. Bach parental figure shall refer to the other by
the appropriate role name such as Mom, Dad, your grandmother, etc. Fach
parent should agree to refrain from encouraging the child to provide reports
about the other parent. Communication should always take place directly
between parents, without using the child as an intertnediar y.
16. By mutual consent of the parties, a modified schedule may be agreed upon
bet\vicen them for and in the best interests of the minor child.
17.This Custody Stipulation shall be made an Order of Court and shall replace and
Supersede any and all prior Custody Orders, and shall remain in full force and
effect until further Order of Court.
WFIN GSS:
KARA W. HAG TY, • Q.
`NII t -SQ.
DAVID NIARKHANI
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McLISA A. WIIJSNIE,SIC
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