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HomeMy WebLinkAbout04-2602GARY C. ALFERY, V. JAMIE L. MARKLEY, Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION NO, ~-" ~'b~:~'~-L TERM COMPLAINT FOR CUSTODY 1. The Plaintiff is Gary C. Alfery, residing at 7 John Ddve, Mechanicsubrg, Pennsylvania 17050. 2. The Defendant is Jamie L. Mark}ey, residing at 82 Linda Ddve, Lot 54, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff seeks custody of the following childrer[ NAME RESIDENCE DOB AGE Seth T. Alfery 82 Linda Drive, Lot 54, Mechanicsburg, PA 7/18/98 6 yrs. 5. 6. addresses: NAME Gary C. Alfery Jamie L. Markley The child was born out of wedlock. The child is presently in the custody of Jamie L. Markley During his life, the child has resided with the following persons and at the following ADDRESS 7 John Drive Mechanicsburg, PA 17050 DATES Bi~h until May 21, 2004 7. The mother of the child is Jamie L Markley, currently residing at 82 Linda Drive, Lot Mechanicsburg, Pennsylvania 17050. She is unmarried. 8. The father of the child is Gary C. Alfery, currently residing at7 John Drive, Mechanicsburg, Pennsylvania 17050. He is unmarried. 9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: None 10. The relationship of the Defendant to the children is that of mother. The Defendant currently resides with the following persons: Unknown 1 1. 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. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a pady to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiff has undertaken and performed the primary parental responsibilities for the child; and the minor child Seth T. Alfery's best interest would be best served to equally divide custody between the parents. B. Plaintiff is best able to provide the care and nurture which the child needs for healthy development C. A Court Order of custody and structured visitation isdesired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet exceptions regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion D. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. E. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child to Plaintiff subject to structured partial custody by the Defendant pending the hearing. Date: Respectfully submitted, ~orney for Plaintiff 50 East High Street Carlisle, PA 17013 Telephone: (717) 258-8558 Supreme Court ID No.68721 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. DATE: GARY C. ALFERY, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. MARKLEY, Defendant 17050. : CIVIL ACTION - LAW : CUSTODYNISITATION : NO. 03- CIVIL TERM "-~ COMPLAINT FOR CUSTODY 1. The Plaintiff is Gary C. Alfery, residing at 7 John Drive, Mechanicsubrg, Pe~nsylva? ' 2. The Defendant is Jamie L. Markley, residing at 82 Linda Drive, Lot 54, Mechan~csburg, Pennsylvania 17050. Plaintiff seeks custody of the following childrer~ NAME RESIDENCE DOB AGE Seth T. Alfery 82 Linda Ddve, Lot 54, Mechanicsburg, PA 7118198 6 yrs. 4. The child was born out of wedlock, 5. The child is presently in the custody of Jamie L. Markley. 6. During his life, the child has residedwith the following persons and at the following addresses: NAME ADDRESS DATES Gary C. Alfery 7 John Drive Birth until Jamie L. Markley Mechanicsburg, PA 17050 May 21, 2004 7. The mother of the child is Jamie L. Markley, currently residing at 82 Linda Drive, Lot 54, Mechanicsburg, Pennsylvania 17050. She is unmarried. 8. The father of the child is Gary C. AIfery, currently residing at7 John Drive, Mechanicsburg, Pennsylvania 17050. He is unmarried. 9, The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: None 10. The relationship of the Defendant to the children is that of mother. The Defendant currently resides with the following persons: Unknown 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiff has undertaken and performed the primary parental responsibilities for the child; and the minor child Seth T. Alfery's best interest would be best served to equally divide custody between the parents. B. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. C. A Court Order of custody and structured visitation isdesired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet exceptions regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion D. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. E. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child to Plaintiff subject to structured partial custody by the Defendant pending the hearing. Date: Respectfully submitted, A~orney ~or Plaintiff 50 East High Street Carlisle, PA 17013 Telephone: (717) 258-8558 Supreme Court ID No.68721 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I verify that the statements made in the foregoing Complaint 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. GARY C. ALFERY PLAINTIFF JAMIE L. MARKLEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2602 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 17, 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Hubert X. Gilroy~, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlish. on Thursday, July 15, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, m~ ettbrt 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 apvear 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: /si Hubert X~ Gilroy, ~q, Custody Conciliator mhc 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 A'ITORNEy OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OI"FiCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ttELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,,t.b,x;l~,O 3 GARY C. ALFERY, Plaintiff JAMIE U MARKLEY, Oefendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA · CIVIL ACTION - LAW i CUSTODYNISITATION · NO. ~1-"2~')~' CIVIL TERM AFFIDAVIT OF SERVICE_ COMMONWEALTH OF PENNSYLVANIA ) cOUNTY OF CUMBERLAND ) AND NOW, this 14th day of June, 2004, 1, Richard R. Gan, Esquire, attorney for Gary C. Alfrey, Plaintiff, in the above-captioned action, hereby swear that I have sen'ed a true copy of the Custody Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant by depositing the the U.S. Marl, postage prepmd, certtfied, return receipt requested. The original return receipt same in card signed by Jamie L. Markley on June 12, 2004 mdtcatmg servtc~ was effected, is marked Exhibit "A", attached hereto and made a part hereof. LAW OFFICES OF PAUL BRADFORD ORR Attorney for Plaintiff 50 East ttigh Street Carlisle, PA 17013 (717) 258-8558 I.D. # $8721 EXHIBIT "A" · Complete items 1, 2, and 3. Also complete item 4 if Resthcted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, 1. AMicleAddressed to: Received by ( if YES, enter daiivery address below: Addressee Certified Mail [] Express Mall Registered J~' Return Receipt [] for Merchandise [] Insumcl Mail [] C.O.D. 4. Restrictsd Delivery? (Extra Fee) [] Yes 2, ArticleNurnber 7003 1010 0001 1204 8037 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE, First-Class Mail Postage & Fees Paid USPS Permit No. G-lO · Sender: Please pn~ yout:_nj~me, addr~s.% and ZIP+4 in this box ' GARY C. ALFERY, Plaintiff JAMIE L. MARKLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : C/VIL ACTION - LAW : NO. 2004-21602 : IN CUSTODY CO~TO~ER AND NOW, this _~day of July, 2004, upoa consideration of the attached Custody Conciliation report, a hearing is scheduled in Courtroom No. / of the Cumberland County Courthouse on the ,~Tq~E~.~ day of ~~::~, 2004 at . ~; 30 o~ .m. At this hearing, the father, Gary C. Alfery, shall be the moving party and shall proceed initially with testimony. Counsel for the Plaintiff shall serve a copy of this: Court order and the attached custody conciliation report on the mother, Jamie L. Marlkley, and the mother is hereby directed to attend the hearing set forth above and bring the minor child, Seth T. Alfery, to the hearing. If mother does not attend the hearing, the Court will proceed with taking testimony of the father and enter an appropriate Court order at that time. Pending further order of this Court, the following temporary custody order is entered: The father, Gary C. Alfery, and the mother, Jamie L. Markley, shall enjoy shared legal custody of Seth T. AIfery, born July 18, 1998. Physical custody shall be handled with father having physical custody of the minor child on alternating weck~mds from Friday at 5:00 p.m. until Sunday at 7:00 p.m. The first akernating weekend shall be the weekend of July 30, 2004. Father shall also have custody of the minor child on every Tuesday evening from 5:~,0 p.m. until 8:30 p.m. Mother shall enjoy physical custody of the minor child at such times as the child is not in the father's custody· In the event mother retains an attorney prior to the hearing scheduled above, mother's attorney may contact the Custody Conciliator and the Conciliator has the authority to conduct another conciliation conference to determine if the matter can be resolved without a Court hearing. BY THE COURT, CCI Richard R. Gan, Esquire 50 East High Street Carlisle, PA 17013 Jamie L. Markley 82 Linda Drive, Lot 54 Mechanicsburg, PA 17050 GARY C. ALFERY, Plaintiff JAMIE L. MARKLEY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004 - 2602 : IN CUSTODY CONCILIATION CONFERENCE SUMi~_RY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), the undersigned Custody Conciliator submits the following report: o The pertinent information pertaining to the child who is the subject of this litigation is as follows: Seth T. Alfery, born July 1, 1998. A Conciliation Conference was held on July 15, 2004, with the following individuals in attendance: The father, Gary C. Alfery, with his Attorney, Richard R. Gan. The mother did not appear. However, Attorney Gan had perfected service on the mother with respect to notice of the hearing. Father is seeking a custody order that would provide for a week-on/week-off type of custodial arrangement with the parties sharing legal custody. With the mother not in attendance at the conciliation conference, the Conciliator was unable to obtain the mother's position. Father did relate to the Conciliator that the parties have been separated for approximately 2 months and that the IFather has had overnight contact with the minor child on two evenings during that tloae and has seen the child a few other times. In light of the current situation, the Conciliator is unsure as to whether the mother would agree to a shared physical custody arrangement with a week- on/week-off schedule. The Conciliator questions why the mother did not attend the conference, but the Conciliator feels that he does not have the ability to recommend an order in this particular case in light of the circun~stances. The Conciliator recommends an order in the form as attached. DATE GARY C. ALFERY, Plaintiff JAMIE L. MARKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2602CIVIL TERM ORDER OF COURT AND NOW, this 29t~ day of September, 2004, upon relation of Richard R. Gan, Esq., that a stipulation is being entered in the above matter, the hearing scheduled for September 29, 2004, is cancelled. BY THE COURT, .,a~chard R. Gan, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff ~lamie L. Markley 82 Linda Drive Lot 54 Mechanicsburg, PA 17050 Defendant, pro se / 5-ot irc GARY C. ALFERY, Plaintiff v. JAMIE L. MARKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-2602CIVIL TERM ORDER OF COURT AND NOW, this 9th day of December, 2004, upon consideration of the attached letter from Richard R. Gan, Esq., attorney for PlaintitT, a hearing is scheduled for Wednesday, February 2, 2005, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. ~chard R. Gan, Esq. 17 West South Street Carlisle, PAl 7013 Attorney for Plaintiff '7 Jf!mie L. Markley 82 Linda Drive Lot 54 Mechanicsburg, PAl 7050 Defendant, pro se :rc BY THE COURT, . " . -- ".::~;.J S;:2 ::.J ~)- :3Q~Jal .I', >:i.:; -"::" ;.:..c ~'d 3.'-11 .:lC) Z:~::~: 1 (;_<]~;l:: . OAN LAW OFFICES 17 WEST SOU1H SI KIlCI , CARLISLE, PA 17013 PHONE (117) 241-4300 FAX (717) 243-5178 _ II. c..... bot...... EmoiI: ricllgoD@_link.nct Admitted to Micbip1 Bu Admitted to New Yolk Bar Admillod to P....ylvania Bar December 6. 2004 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attention: Honorable 1. Wesley Oler Jr, Re: Alfery v Markley File no 042602 Dear Judge, Per a conversation with your staff of this day, I must report that Ms Markley has backed out of the agreement regarding shared custody of the party's minor son. Both Parties live in the same trailer park and this arrangement was fair and logical. To that extent, please place this back on the docket for resolution by the court. Your staff has advised that the afternoon of February 2,2005 appears to be a satisfactory date. Please confirm by letter or order at your convenience. c.c- v..."'" """ . G ~ '-:i" I rl/~ chard R Gan c.c. Jamie Markley, Gary Alfery ~ '?;, i("("~ 'D t. c, GARY C. ALFERY, Plaintiff v. JAMIE L. MARKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-2602CIVIL TERM ORDER OF COURT AND NOW, this 9th day of December, 2004, upon consideration of the attached letter from Richard R. Gan, Esq., attorney for PlaintitT, a hearing is scheduled for Wednesday, February 2, 2005, at 1:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. ~chard R. Gan, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff "/ J6mie L. Markley 82 Linda Drive Lot 54 Mechanicsburg, PA 17050 Defendant, pro se :rc BY THE COURT, ," I ~, . , ,~, "~:-,j S;:2 ::J j- :3Q~Jal ...,.:'::;.~; ~', :.:.iM ~d :1:-)1 :J:-J ~.~'::'::::'C-<]~~l~ GAN LAW OFFICES 17 WEST SOU1HSTREET, CARLISLE, PA 17013 PHONE (717) 241-4300 FAX (717) 243-5178 -... R. Guo, EooJaIre EmaiI: ric:hpa@eard1liIlk.oet Admitted 10 MichipD Bar Admitted. to New York B.. Mmitted to PCIUlIyI-'a !lor December 6, 2004 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attention: Honorable 1. Wesley Oler Jr, Re: AIfery v Markley File no 042602 Dear ludge, Per a conversation with your staff of this day, I must report that Ms Markley has backed out of the agreement regarding shared custody of the party's minor son. Both Parties live in the same trailer park and this arrangement was fair and logical. To that extent, please place this back on the docket for resolution by the court. Your staff has advised that the afternoon of February 2, 2005 appears to be a satisfactory date. Please confirm by letter or order at your convenience. '---c VoyUuly,..." . a ~ ~ld~ chard R. Gan c.c. lamie Markley, Gary AIfery _ '1: ';c:'i',t, ~1(.c, GARY C. ALFERY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JAMIE L. MARKLEY, Defendant 04-2602 CIVIL TERM IN RE: COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 2nd day of February, 2005, upon consideration of Plaintiff' s complaint~ for custody in the above-captioned matter with respect to the parties' child, Seth T. Alfery (date of birth July 18, 1998), and following a hearing, the record is declared closed, and the matter is taken under advisement. By the Court, J. ~chard R. Gan, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintiff ) qr:r. J r~ O;l-03 -0..5 ~mie L. Markley, Pro Se 82 Linda Drive Lot 54 Mechanicsburg, PA 17050 :mae t,f) C:,:'I s.~:~ -.:::.J.:: 00 \ r-'-:: l.d w- u.... () GARY C. ALFERY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JAMIE L. MARKLEY, Defendant NO. 04-2602CIVIL TERM IN RE: PLAINTIFF'S COMPLAINT FOR CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 3rd day of February, 2005, upon consideration of Plaintiffs Complaint for Custody with respect to the parties' child, Seth T. Alfery (d.o.b. July 18, 1998), following a hearing held on February 2, 2005, and based upon the court's perception as to the best interests ofthe child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody ofthe child shall be in the mother. 3. Temporary or partial physical custody of the child shall be in the father at the following times: a. During the school year (1) On alternating weekends, from Friday afternoon after school until Monday morning when school begins; prov:ided, that when that Monday is a federal hoHday, the period of temporary or partial physical custody shall extend until Tuesday morning when school begins; (2) Each Thanksgiving, from 2:00 p.m. until 7:00 p.m.; ',. , c r~ .~~ j - (3) Each Christmas vacation, from Christmas Day at 3:00 p.m. until two days prior to the resumption of school at 3:00 p.m. b. During the summer, for alternating two-week peri ods. 4. Transportation for exchanges of custody shall be the responsibility of the party receiving custody; provided, that on those Mondays or Tuesdays when the father's period of temporary or partial custody ends it shall be the father's responsibility to see that the child gets to school. S. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. /Richard R. Gan, Esq. ,- 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff Jamie L. Markley Lot 54 82 Linda Drive Mechanicsburg, PA 17050 Defendant, pro Se BY THE COURT, Ji!A () of[ Jr~loy~l ?