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HomeMy WebLinkAbout03-6320JAIME L. MARKLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003- ¢ .~.2~ CIVIL TERM CLAYTON BONAWITZ, Defendant CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Jaime L. Markley, an adult individual residing at 7 John Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Clayton Bonawitz, an adult individual residing at 1466 Woods Road, Lot 35, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical custody of the following child: Name Present residence D.O.B. Tashia R. Finkenbinder 7 John Drive 1.3.93 Mechanicsburg, Pennsylvania The child was born out of wedlock. The child is presently in the custody of Plaintiff at 7 John Drive, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Jaime L. Markley Gary C. Alfrey Paige L. Finkenbinder Seth T. Alfrey Residences 7 John Drive Mechanicsburg, Pennsylvania Dates 2000 to 2003 Jaime L. Markley 82 Linda Drive 1998 to 2000 Gary C. Aifrey Mechanicsburg, Pennsylvania Paige L. Finkenbinder Seth T. Alfrey The natural mother of the child is Jaime L. Markley, currently residing at 7 John Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is unmarried. The natural father of the child is Clayton Bonawitz, currently residing at 1466 Woods Road, Lot 35, Shippensburg, Cumberland County, Pennsylvania. He is married to Brandy Bonawitz. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Names Gary C. Alfrey Seth T. Alfrey Tashia R. Finkenbider Paige L. Finkenbinder Defendant currently resides with the following persons: Names Relationship Paramour Son Daughter Daughter The relationship of the Defendant to the child is that of natural father. The Brandy Bonawitz Brandy Bonawitz' two children Relationship Wife 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claim to have custody or visitation rights with respect to the child. 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the child and to grant Defendant such partial custody as is in the best interest of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlmarkleylmarkley, custody VERIFICATION The statements in the foregoing Complaint For Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: ~ ~ Jaime L. Ma~l'~y JAIME L. MARKLEY : PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6320 CIVIL ACTION LAW CLAYTON BONAWITZ : IN CUSTODY DEFENDANT ORDER OFCOURT AND NOW, Friday, December 12, 2003 , 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 13, 2004 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. All children age five or older may also be l~resent at the conference. 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/ ]acqueline M. Verney. Esq. 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 heating. 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 "DIE 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 JAN 2 2 2004 JAIME L. MARKLEY, Plaintiff V. CLAYTON BONAWITZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-6320 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT ANDNOW, this ~l~dayof ~t/LLLPI~ ,2004, upon consideration of the attached Custody Conci~ation Rep{~t, it is ordered and directed as follows: 1. The Mother, Jaime L. Markely, and the Father, Clayton Bonawitz shall have shared legal custody of Tashia R. Finkenbinder, born January 3, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. Father shall have periods of partial physical custody as follows: A. Beginning January 30, 2004 alternating weekends from Friday at 6:00 p.m. to Sunday at 5:00 p.m. B. Such other times as the parties agree. 4. Easter and Thanksgiving shall be shared such that Mother shall always have physical custody of the Child from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the Child from 3:00 p.m. to 9:00 p.m. 5. Mother shall have physical custody of the Child on Mother's Day and Father shall have physical custody of the Child on Father's Day, both from 9:00 a.m. to 5:00 p.m. 6. The Christmas holiday shall be shared such that Mother shall always have physical custody of the Child from Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. Father shall have physical custody of the Child from Christmas Day at 1:00 p.m. to December 30 at 1:00 p.m. except that Father will provide a block of time on Christmas Day for Jamie Finkenbinder and the Child. 7. Father shall have physical custody of the Child on Memorial Day and Labor Day in the event those holidays coincide with Father's alternating weekend schedule in which case Father's weekend shall be extended to Monday at 5:00 p.m. 8. The July 4th holiday shall be shared equally by the parties as mutually agreed. 9. Both parties shall be entitled to three non-consecutive weeks during the summer from Sunday to Sunday at 5:00 p.m. provided they give the other party notice of said weeks by May 30 of every year. 10. Transportation shall be shared such that custody shall be exchanged at the K Mart located on Walnut Bottom Road in Carlisle, Pennsylvania. 10. 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. cc:4~ighael A. Scherer, Esquire, Counsel for Mother tl~layton-'J Bonawitz, pro se 1466 Woods Road, Lot 35 Shippensburg, PA 17057 JAIME L. MARKLEY, Plaintiff V. CLAYTON BONAWITZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-6320 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Tashia R. Finkenbinder DATE OF BIRTH January 3, 1993 CURRENTLY iN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on January 22, 2004, with the following individuals in attendance: The Mother, Jaime L. Markley, with her counsel, Michael A. Scherer, Esquire and Father, Clayton Bonawitz, pro se. 3. The parties agreed to the entry of an Order in the form as attached. Date ne M. Verney, Esquire Custody Conciliator