The URL can be used to link to this page

Home My WebLink About07-7522BUFFIE R. MARKLEY : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MARLIN C. MARK.LEY, JR. : NO. 07- ?7S-2a CIVIL TERM Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Buffie R. Markley, by and through her attorney, Mark F. Bayley, Esquire, and presents the following complaint for custody, representing as follows: 1. The Plaintiff, Buffie R. Markley, an adult individual residing at 30 Back Street, P.O. Box 95, Plainfield, PA 17081. 2. The Defendant, Marlin C. Markley, an adult individual residing at 4532 Enola Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff seeks custody of the following children: Name Present Residence Awe D/O/B Sabrina L. Markley 30 Back Street, P.O Box 95, Plainfield, PA 10 10/30/97 Rachel A. Markley 30 Back Street, P.O Box 95, Plainfield, PA 5 2/6/02 4. The parties were not married at the time Sabrina Markley was born; the parties were married at the time of Rachel Markley's birth. 5. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the children and her boyfriend, David Kerr. 6. The relationship of the Defendant to the children is that of natural father. 7. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children is this or any other Court. 8. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other state. 9. Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. The best interests and permanent welfare of the children require Plaintiff to have Primary physical custody and for Defendant to have specified periods of partial physical custody which may be agreed upon at a conciliation or otherwise be determined by the Court. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference. Respectfully submitted, BAYLEY & MANGAN Date: DI Mark F. Bayley squire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff -, . lb BUFFIE R. MARKLEY : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MARLIN C. MARKLEY, JR. : NO. 07- CIVIL TERM Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. Buff' . ?kjey, Plaintiff T:? ?l N? t?t^^' v! N p ? d N ? sa c? t3 _.. ?; v {x ? + ? .. ? .-- vti BUFFIE R. MARKLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-7522 CIVIL ACTION LAW MARLIN C. MARKLEY, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, December 21, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 22, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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 THE COURT, By: /s/ ac ueline M. Verne Es . 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 facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 k-2 iii' - ?Vd7J as : =, sz 330 LOOZ A?"+ i 3H -- O 46? 0-031H Im. s 200 BUFFIE R. MARKLEY, Plaintiff V. MARLIN C. MARKLEY, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-7522 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this I S? day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Buffie R. Markley and the Father, Marlin C. Markley, Jr. shall have shared legal custody of Sabrina L. Markley, born October 30, 1997 and Rachel A. Markley, born February 6, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. The parents shall have shared physical custody on the following: A. Father shall have physical custody of the children every Tuesday from after school to Thursday morning when he will drop the children off either at school or at the babysitter's. B. Father shall have alternating weekends from Friday from after school to Sunday at 5:00 p.m. C. Mother shall have all other times unless otherwise agreed or set forth hereinafter. D. This schedule shall continue in the summer, except that pick up and drop off will be from or to a babysitter instead of school. 3. Holidays: A. Christmas shall be divided into two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. B. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 6:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 6:00 p.m. C. Thanksgiving shall be shared as agreed by the parties. D. All other holidays shall be shared as agreed by the parties. 4. The parties shall have physical custody of the children for one uninterrupted week in the summer, to coincide with their weekend schedule, provided they give the other party 3 weeks prior notice. 5. Transportation shall be shared as agreed by the parties. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control BY THE COURT, cc F. Bayley, Esquire, Counsel for Mother .arlin C. Markley, Jr., pro se 4532 Enola Road Newville, PA 17241 mmcc) L 1 •01 WV 1- 933 0001 BUFFIE R. MARKLEY, Plaintiff V. MARLIN C. MARKLEY, JR., Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7522 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sabrina L. Markley October 30, 1997 Mother Rachel A. Markley February 6, 2002 Mother 2. A Conciliation Conference was held in this matter on January 31, 2008, with the following in attendance: The Mother, Buffie R. Markley, with her counsel, Mark F. Bayley, Esquire, and the Father, Marlin C. Markley, Jr., pro se. 3. The parties agreed to an Order in the form as attached. 1-3?-08 Date ?V cqu Wine M. Verney, Esquire Custody Conciliator