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HomeMy WebLinkAbout04-4662MARK A. BUCKLES, JR and TERRA S. BUCKLES Plaintiffs VS. BELINDA BORDNER and DAVID BORDNER, SR. Defendants : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~q- 4~,(,,~...N CIVIL ACTION - LAW CUSTODY COMPLAINT FOR PRIMARY PHYSICAL AND LEGAL CUSTODY AND NOW comes the Plaintiffs, Mark A. Buckles and Terra S. Buckles, by and through their attorney, Mark K. Emery, Esquire, and file this Complaint for Primary Physical and Legal Custody, as follows: 1. Plaintiffs, Mark A. Buckles m~d Terra S. Buckles, are adult individuals currently residing at 55 N. Oak Grove Road, Harrisburg, PA 17112. 2. Defendant Belinda Bordner is an adult individual who is currently incarcerated in the Cumberland County Prison. Defendant David Bordner, Sr. is an adult individual who, upon information and belief, is currently incarcerated in the Dauphin Cotmty Prison. Plaintiffs seek primary physical custody of the following child: David Bordner. Present address is: 55 N.Oak Grove Road Harrisburg, PA 17112 Date of Birth: April 15, 1995 The child is currently in the custody of Plaintiffs, at 55 N. Oak Grove, Harrisburg, PA 17112. 10. 11. During the past five years the child has resided with the following persons and at the following addresses: Names Mark A. Buckles Terra S. Buckles Belinda Bordner Belinda Bordner Frank Nissei Addresses 55 N. Oak Grove Rd. Harrisburg, PA 17112 Various New Cumberland Dates Aug. 17, 2004- presem March 2004 - Aug. 17, 2004 1999 - March 2004 The relationship of Plaintiff Terra S. Buckles to the child is that of second cousin. (Terra Buckles is the cousin of Defendant Belinda Bordner) The relationship of Defendants to the child is that of Mother and Father. Plaimiffs have not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in this or another court. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffs do 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 resect to the child. The best interest and permanent welfare of the child will served by granting the relief requested because Plaintiffs already exercise primary physical custody, the parents of the child are both incarcerated, and providing Plaintiffs primary physical custody and shared legal custody of the child will allow them to enroll the child in school, allow the child to be covered by Plaintiffs' health insurance, and allow Plaintiffs to obtain proper medical treatment for the child. 12. Parental rights to the child have not been terminated, and the person who has physical custody of the child has been named a party to this action. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter an Order granting them primary physical custody, and shared legal custody, of the child. Respectfully submitted, LAW OFFICES OF MARK K. EMERY DATE: September 14, 2004 By: Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiffs VERIFICATION We, Mark A. Buckles, Jr. and Terre S. Buckles, hereby verify that we have read the foregoing Complaint and that the information contained therein is true and correct to the best of our knowledge, information and belief. We understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Terra S.-Buckles DATE: ~ ~/,,'~ ~' M~rkA.~Buckles, Jr' '. MARK A. BUCKLES, JR and TERRA S. BUCKLES Plaintiffs BELINDA BORDNER and DAVID BORDNER, SR, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY EMEGENCY PETITION FOR TEMPORARY SHARED PHYSICAL AND LEGAL CUSTODY AND NOW, comes the Plaintiffs, Mark A. Buckles and Terra S. Buckles, by and through their attorney, Mark K. Emery, Esquire, and file this Emergency Petition for Temporary Shared Physical and Legal Custody, as follows: 1. Plaintiffs Mark A. Buckles and Terra S. Buckles have filed a Complaint for Shared Physical and Legal Custody concurrently herewith. A copy of such Complaint is attached and incorporated fully herein as Exhibit "A". 2. The subject child of this matter is David Bordner, Jr., date of birth April 15, 1995. Upon information and belief, the child's father, David Bordner, Sr., (hereinafter Father") is currently incarcerated in the Dauphin County Prison. 4. The child's mother, Belinda Bordner, (hereinafter "Mother") is currently incarcerated in Cumberland County Prison. 5. Mother was placed in prison in or about early August, 2004. 6. Subsequent to Mother's incarceration, she contacted Plaintiff Terra S. Buckles, Mother's cousin, and requested that Terra Buckles take custody of the child. 10. 11. 12. Mother stated her desire in an Affidavit, such Affidavit being attached hereto and incorporated fully herein as Exhibit "B". The Buckles have agreed to take custody of the child until Mother has been released from prison, and have had sole physical custody of the child since August 17, 2004. The Buckles have attempted to inquire from both Mother and Father as to whether they would consent to formally granting them temporary physical and legal custody of the child. Mother has not consented to this request, and the Buckles have not been able to properly communicate with Father due to his incarceration. The Buckles are not aware of any other family member to whom the child has a relationship, or whom would be willing or capable of taking custody of the child. The only other family member of whom the Buckles believe has had a relationship with the child is the child's maternal grandmother, Paula Ray Knopp. Upon information and belief, Knopp is currently incarcerated in the Cumberland County Prison. In order to have the child enrolled into Central Dauphin School District, in which the Buckles reside, the School District required that'the Buckles commence a legal action to obtain primary physical custody of the child, and pursue such action in a timely manner. A copy of correspondence from the School District's attorney, confirming this requirement, is attached and incorporated fully herein as Exhibit "C". 13. Based upon the Buckles pursuing this action, the child will be enrolled in 4th grade at West Hanover Elementary in the Central Dauphin School District. 14. Based upon information and belief, the child suffers from Attention Deficit Disorder or some similar learning disability. 15. Absent obtaining shared physical and legal custody of the child, the Buckles cannot access the child's medical records to determine what, if any, medical condition he may suffer from, and what, if any, medication or other treatments the child requires. 16. Absent obtaining shared physical and legal custody, the Buckles are not capable of placing the child under their medical insurance coverage, so as to insure the child receives all necessary and proper medical care. 17. Due to the child's need to stay enrolled in school and receive all necessary and proper medical treatment, Plaintiffs should be granted temporary shared physical and legal custody of the child until such time as this matter is heard by the Conciliator, and/or until such time as a permanent order is issued. WHEREFORE, Plaintiffs Mark A. Buckles, Jr. and Terra S. Buckles respectfully request this Honorable Court enter a temporary order granting them shared legal and physical custody of David Bordner, Jr., such fights to exist until such time as a permanent order is issued. Respectthlly submitted, LAW OFFICES OF MARK K. EMERY DATE: September 14, 2004 Mark K. Emery, Esqmre Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff 4 VERIFICATION We, Mark A. Buckles, Jr, and Term S. Buckles, hereby verify that we have read the foregoing Emergency Petition and that the information contained therein is true and correct to the best of our knowledge, information and belief. We understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Terra S. Buckles DATE: Mark A. Buckles, Jr. MARK A. BUCKLES, JR and TERRA S. BUCKLES Plaintiffs VS. BELINDA BORDNER and DAVID BORDNER, SR. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION - LAW CUSTODY COMPLAINT FOR PRIMARY PHYSICAL AND LEGAL CUSTODY AND NOW comes the Plaintiffs, Mark A. Buckles and Terra S. Buckles, by and through their attorney, Mark K. Emery, Esquire, and file this Complaint for Primary Physical and Legal Custody, as follows: 1. Plaintiffs, Mark A. Buckles and Terra S. Buckles, are adult individuals currently residing at 55 N. Oak Grove Road, Harrisburg, PA 17112. 2. Defendant Belinda Bordner is an adult individual who is currently incarcerated in the Cumberland County Prison. 3. Defendant David Bordner, Sr. is an adult individual who, upon information and belief, is currently incarcerated in the Dauphin County Prison. 4. Plaintiffs seek primary physical custody of the following child: David Bordner. Present address is: 55 N.Oak Grove Road Harrisburg, PA 17112 Date of Birth: April 15, 1995 5. The child is currently in the custody of Plaintiffs, at 55 N. Oak Grove, Harrisburg, PA 17112. 10. 11. During the past five years the child has resided with the following persons and at the following addresses: Names Mark A. Buckles Terra S. Buckles Belinda Bordner Belinda Bordner Frank Nissel Addresses 55 N. Oak Grove Rd. Harrisburg, PA17112 Various New Cumberland Dates Aug. 17, 2004- present March 2004 - Aug. 17, 2004 1999 - March 2004 The relationship of Plaintiff Terra S. Buckles to the child is that of second cousin. (Terra Buckles is the cousin of Defendant Belinda Bordner) The relationship of Defendants to the child is that of Mother and Father. Plaintiffs have not participated as a party or wimess, or in another capacity, in any other litigation concerning the custody of the child in this or another court. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffs do not know ora person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with resect to the child. The best interest and permanent welfare of the child will served by granting the relief requested because Plaintiffs already exercise primary physical custody, the parents of the child are both incarcerated, and providing Plaintiffs primary physical custody and shared legal custody of the child will allow them to enroll the child in school, allow the child to be covered by Plaintiffs' health insurance, and allow Plaintiffs to obtain proper medical treatment for the child. 12. Parental rights to the child have not been terminated, and the person who has physical custody of the child has been named a party to this action. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter an Order granting them primary physical custody, and shared legal custody, of the child. Respectfully submitted, LAW OFFICES OF MARK K. EMERY DATE: September 14, 2004 Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiffs VERIFICATION We, Mark A. Buckles, Jr. and Terra S. Buckles, hereby verify that we have read the foregoing Complaint and that the information contained therein is true and correct to the best of our knowledge, information and belief. We understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Terra S. Buckles DATE: Mark A. buckles, Jr. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS: to me know, who being duly swom according to law, doth depose and say 'J~l'.,,¢ ~ ~d ~her t~ar s~a ~crs ~e ~e ana ~o~ect to t~e ~esr o~ my ~owieoge, mzo~tton ana be~ef. ~ ~derst~d ~at false statements m~de ~ereb ~e subject ~o ~e pen~ties of 18 Pa. C. S. section 4904 relating to unswom falsification to authorities. Sworn to and subscribed before me this .z¥ f ,4-,),,.-P ,200 q NOTARY LrBLI~m o~ pENUS~.V~t~ CLECKNER AND FEAREN ATTORNEYS AT LAW '; 19 LOCUST STREET P.O. SOX 11847 HARRISI~URG, PENNSYLVANIA TFrJ. EPt'IONE: (717} 2~.17:~1 ;AX: (717] 23~-8481 RLrTIRED RICHARD w. CLECKNER WILt,tAM I~ A P,~N ROBERT D, HANSON Sepner:~r lO, 2004 Mark K. 410 N Second Street Harrisburg, Pk 17101 Dear Mr. Emery: Please accept tnia Letter as confirmation of our telephone conversation of Sepnenlb~r 9, 2004, dur%n~ which I indicated that Central Dauphin School District will irmnediataly enroll David Bordner on the siren%th ct your representatior~ Co me chat you will De filin~ in the neac future a petition on behalf of your client, Mark and Terra Buck].~s, ~or primary physical custody of David Please provide m,~: w~th a copy of the petition af=er you have ~iled it, and then kee~ ~re advise cf any significant developments. Thank you kindly for your cooperation_ Very truly yours, CLECKNER AND FEAREN Dennis~'~. Shatto / DJ$: in,m CC: -~ndrea Julian ,~v!;, '~'ax: 70~-5~30~ CERTIFICATE OF SERVICE AND NOW, this 14th day of September, 2004, I, Mark K. Emery, Esquire do hereby certify that I have served the Emergency Petition for Temporary Shared Physical and Legal Custody by mailing a true and correct copy via United States first class mail, addressed as follows: Ms. Belinda Bordner Cumberland County Prison 1101 Claremont Road Carlisle, PA 17103 and Mr. David Bordner, Sr. Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 LAW OFFICES OF MARK K. EMERY Mark K. Emery MARK A. BUCKLES, JR. AND TERRA S. BUCKLES PLAINTIFF BELINDA BORDNER AND DAVID BORDNER, SR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-4662 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Itubert X. Gilroy__, Esq. .__, the conciliator, at 4th Floor, Cumberland Count}, Courthouse, Carlisle on Friday, October 22, 2004 at 9:30 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 present 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 hearinl~. FOR THE COURT. By: /s/ Hubert X. Gilroy. Esq. mhc Custody Conciliar;or 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 170121 Telephone (717) 24%3166 SE? 2 0 2004 MARK A. BUCKLES, JR and TERRA S. BUCKLES Plaintiffs BELINDA BORDNER and DAVID BORDNER, SR. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY ORDER AND NOW. this s~~ --__ day of September, 2004. upon consideration of Plaintiffs' Emergency Petition for Temporary Shared Ph sical and L g Custody, is it hereby C,K'D'm~v.~ mat Plamtflts Mar~ A. ~ucKes. Jr. an~ [ cna S. ~uck]~ .... tc2y 1:: z:::c..d ,-,ill ~ch nme as Iu~her Ordered by this Uo~. 0C7 26 004 MARK A. BUCKLES, JR. and TERRA S. BUCKLES, Plaintiffs V BELINDA BORDNER and DAVID BORDNER, SIL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 -4662 IN CUSTODY COURT ORDER AND NOW, this ~ day of October, 2004, the Conciliator having convened the conciliation conference and it appearing that the Plaintiffs 'have transferred custody of the minor child back to the mother and the Plaintiffs desire to withdrawal the custody action, and it further appearing that the mother is residing in York County and the York County Court would have jurisdiction relative to a custody order, and it further appearing to the Conciliator the father is incarcerated in prison and not available to participate in the proceedings, the Conciliator relinquishes jurisdiction in the case. BY THE COURT, cHuUbst;~yX~oGn~tor CC: lark K. Emery, Esquire t~elinda Bordner 580 Lewisberry Road New Cumberland, PA 17070 avid Bordner, Sr. Camp Hill Prison FX9913 P.O. Box 200 Camp Hill State Correctional Institution Camp Hill, PA 17001