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Home My WebLink About05-4113 NICOLE MARKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SEAN MARKEL, Defendant CIVIL ACTION - LAW No. ()5-> '1m CIVIL ~ IN CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Nicole Markel, residing at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Sean Markel, residing at 288 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: 2551 Spring Road Carlisle, PA 17013 DOB 6/23/02 Age Name Present Residence Kay1ee Markel 3 yrs. The child was not born out of wedlock The child is presently in the custody of Nicole Markel, residing at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. During the past fiye years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Nicole Markel 2551 Spring Road Carlisle, P A 17013 6/2002 to 3/2003 Sean and Nicole Markel 7073 Carlisle Pike Carlisle, PA 17013 3/2003 to 10/2003 Nicole Markel 7073 Carlisle Pike Carlisle, PA 17013 10/2003 to 10/2004 Nicole Markel 2551 Spring Road Carlisle, PA 17013 10/2004 to present 4. The mother ofthe child is Nicole Markel, residing at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. She is married, but separated from husband. The father of the child is Sean Markel, residing at 288 Fairview Street, Carlisle, Cumberland County, Pennsylyania 17013. He is married, but separated from wife. 5. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Relationship Jerry and Michelle Trolinger Parents 6. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Name Relationship Keyin and Nina Markel Parents 7. 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. 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 and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child; and Plaintiff is best able to provide the care and nurture which the child needs for healthy development; and A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. 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. Defendant's erratic and abusive behavior posses as a threat ofhann to the child. Defendant frequently abuses alcohol and is therefore unreliable as custodian of the child. Defendant has not been involved in the child's life for almost two years and has made no attempt to get involved with the child. WHEREFORE, Plaintiff requests this Court grant Plaintiff Full primary physical custody with partial supervised visitation, as agreed upon by the parties. Respectfully submitted, ROMINGER, BAYLEY & WHARE _/1., (~L(() r / --;/ Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court J.D. # 81924 Attorney for Plaintiff NICOLE MARKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SEAN MARKEL, Defendant CIVIL ACTION - LAW No. CIVIL IN CUSTODY VERIFICATION I yerifY 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 unsworn falsification to authorities. NICOLE MARKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SEAN MARKEL, Defendant CIVIL ACTION - LAW No. CIVIL 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 unsworn falsification to authorities. fi;ccfl mat ttf Nicole Markel, Plaintiff Date: ~ /S/J{f)j NICOLE MARKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SEAN MARKEL, Defendant CIVIL ACTION - LAW No. CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certifY that I this day served a copy of the Custody Complaint upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sean Markel 288 Fairview Street Carlisle, PA 17013 Dated:?} V( ~ l-OlJr I Respectfully submitted, ROMINGER, BAYLEY & WHARE ;/- Karl E. 'Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ill # 81924 Attorney for Plaintiff - b:; - - ""- :.:r \-:c. W<;;., v,:" .c- C:.c;l #- 0- .t)~:: ...,. () - 6'l:: - '."jD- c'> o;.cw ? is ..a: '6 v' (;;~" "" c.... .,... t:;; ',-'! " rY.. CV ~ C ':3 (.) cf::, "'::::J "':::l- l- e,., ~~ ~ Q i::- "::)- ~ ~ . ~ ---..:. ~ 0 . :=.. --cJ c::::L -6 ~ a... ,- f- a ~ j:.fl ~-~. -: ~.... NICOLE MARKEL PLAINTIFF IN THE COURT OF COrviMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-4113 CIVIL ACTION LAW SEAN MARKEL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 17,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 22, 2005 , the conciliator, at 10:30 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 hearing. FOR THE COURT, By: Isl HubertX. Gilt~ Custody Con<;iliator f'I' 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 haYing 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 . ~ aG...,~_ ~ ~ ~ &, '/ -IT '-?T~ - V -~ 50-//(": ~ -~ :;?~ ~IL: 50'/J~5 ~ P .:z ,,"" '3>ri? ~~ ~ 5o./?r..3 ,.-, I ''''', '~.I-'; .-1 \-J:(\t\J/\i!\;-~:\f\~~'C. ~ :1;"':.._:',_: - '~:';~c'.ln..; V..'Jrli ' '. ... / j\ .'- 81 :6 H\I 1Z ~nv SOOl -"':J ::JH1:10 AtNlCi<OrLLl!c} I :1'11-l-jr'}-G3l,:J ...J'v,....~ ...... tv NICOLE MARKEL, Plaintiff RECEIVED OCT 0 5 2005~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SEAN MARKEL, Defendant NO. 05-4113 IN CUSTODY COURT ORDER AND NOW, this ~ day of 0 ",t , 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Nicole Markel, shall enjoy legal and physical custody of Kaylee M. Markel, born June 23, 2002. 2. The father, Sean Markel, shall enjoy periods of visitation with the minor child at such times and under such circumstances as agreed to by the mother. 3. In the event the father is dissatisfied with any custodial arrangements afforded to him by the mother, father may petition the Court to have this case again scheduled for a Conference with the Custody Conciliator. 4. Counsel for the mother shall serve father with a copy of this Order and the accompanying Custody Conciliation report by mailing the same to father's last known address. BY THE COURT, cc:~chael O. Palermo, Esquire ~an Markel ~ "'", ;1 k; A.U<("',C' Z;i ~Dl trJ '7 I' I 'ii' ':,'07 c... __~.<U _"Uy J("i ~,' NICOLE MARKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW SEAN MARKEL, Defendant NO. 05-4113 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: Kaylee M. Markel, born Jnne 23, 2002. 2. A Conciliation Conference was held on September 22, 2005, with the following individuals in attendance: The mother, Nicole Markel, with her counsel, Michael O. Palermo, Esquire. The father, Sean Markel, did not appear. Mother relates that father's mother told her on the phone that the father "would not be attending the Court hearing". Counsel for the mother had forwarded notice of the hearing to the father via certified mail, which notice was returned unclaimed. 3. Mother relates that the father has not seen the child for over two years. 4. The Conciliator recommends an Order in the form as attached. (~-3-()s DATE ~;;;t: Custody Conciliator