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HomeMy WebLinkAbout02-4615 Stephanie E. DiVittore, Esquire Attorney J.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff HEATHER BENDER, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, Defendant CUSTODYIVISIT A TION CASE NO, O~-I.I-M) RYAN BENDER, MOTION FOR HEARING I, On September 26, 2002, a Complaint in Divorce was filed on behalf of Heather Bender, Plaintiff, 2, Count III of Plaintiffs Complaint seeks primary physical custody of the minor child of Plaintiff and Defendant, Abigail Perlin Bender, age 4. 3. Plaintiff desires a hearing on the issue of the custody of the child. WHEREFORE, Plaintiff requests the Court to assign this matter to a custody conciliator for resolution, Respectfully submitted, RHOADS & SINON, LLP -- By: ,:;>r;n(,I~ Stephanie E, DiVittore Attorney LD, No. 85906 One South Market Square P,O, Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiff Stephanie E. DiVittore. Esquire Attorney J.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Plaintiff HEATHER BENDER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW RYAN BENDER, Defendant CASE NO, NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 444280.1 Stephanie E. DiVittore, Esquire Attorney J.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff HEATHER BENDER, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW RYAN BENDER, Defendant CASE NO, AVISO USTED HA SIDE DEMANDADO/A EN CORTE, Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted, USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 Stephanie E. DiVittore, Esquire Attorney J.D. No. 85906 RHOADS & SINON LLP One South Market Square. 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiff HEATHER BENDER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW RYAN BENDER, Defendant CASE NO. COMPLAINT IN DIVORCE & FOR CUSTODY OF MINOR CHILD I. Plaintiff is Heather Bender, who currently resides at 699 Bernheisel Bridge Road, Carlisle, Cumberland County, Pennsylvania, 2, Defendant is Ryan Bender, who currently resides at 55 Village Court, Mechanicsburg, Cumberland County, Pennsylvania, 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately prior to the filing of this Complaint. 4, Plaintiff and Defendant were married on October 7, 2000, III Mechanicsburg, Cumberland County, Pennsylvania, 5. Approximately 6 to 7 months ago, Plaintiff and Defendant separated, living separate and apart since that time, 6. There have been no prior actions of divorce or for annuhnent between the parties, 7, The marriage is irretrievably broken. 8, Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9, Plaintiff and Defendant have one child, Abigail Perlin born February 17, 1998, approximately 2 Y2 years prior to the marriage, 10, A Complaint on behalf of Plaintiff Heather Bender seeking pnmary physical custody of the child is being filed contemporaneously herewith, II, Neither Plaintiff nor Defendant is in military service. COUNT I Section 3301(a)(6) 12. Plaintiff incorporates herein by reference paragraphs I through 11 above, 13, Defendant offered such indignities to Plaintiff to render Plaintiffs condition intolerable and her life burdensome, Plaintiff is an injured and innocent spouse, WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Decree of Divorce pursuant to Section 3301(a)(6) of the Pennsylvania Divorce Code, 23 Pa,C,S.A. s3301(a)(6), COUNT II Section 3301(c) 14, Plaintiff incorporates herein by reference paragraphs I through 13 above. 15. Plaintiff reasonably believes that Defendant will consent to a divorce, WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Decree of Divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, 23 Pa.C.S,A. S3301(c). COUNT III Custodv of Minor Child 16, Plaintiff incorporates herein by reference paragraphs 1 through 15 above, 17, Plaintiff seeks custody of the following child: Name Abigail Perlin Bender Present Residence Shared Age 4 18, The child was born out of wedlock on February 17, 1998, approximately 21/2 prior to the marriage of Plaintiff and Defendant. 19. During the life of the child, she resided with the following persons and at the following addresses: Name Heather Bender Deborah Wolfgang Mark Wolfgang Donnie Clark Ryan Bender Heather Bender Ryan Bender Heather Bender Ryan Bender Beth Bender Relationship Mother Plaintiffs Mother Plaintiff s Stepfather Plaintiff's Brother Address 699 Bemheisel Bridge Road, Carlisle Father 55 Village Court, Mechanicsburg Mother Father 55 Village Court, Mechanicsburg Mother Father Defendant's Mother 1054 Tunberry Court, Mechanicsburg 20. The mother of the child is Heather Bender, currently residing at 699 Bernheisel Bridge Road, Carlisle, Pennsylvania. 21. The father of the child is Ryan Bender, currently residing at 55 Village Court, Mechanicsburg, Pennsylvania. 22, The relationship of Plaintiff to the child is that of mother, The Plaintiff currently resides with the following: Name Deborah Wolfgang Mark Wolfgang Donnie Clark Relationship Plaintiffs Mother Plaintiff's Stepfather Plaintiffs Brother 23, The relationship of Defendant to the child is that of father, Upon information and belief, the Defendant currently resides alone. 24. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe child in this or another court. 25. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth except for those proceedings taking place in this Court, 26, 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, 27. The best interest and permanent welfare of the children will be served by granting the relief requested because the child Heather Bender has been the primary caregiver to the child, 28, 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. WHEREFORE, Plaintiff respectfully requests the Court enter an order granting primary physical custody of the child to Plaintiff. COUNT III Support for Minor Child 29. Plaintiff incorporates herein by reference paragraphs I through 28 above, 30, Plaintiff seeks support for the following persons: Abigail Perlin bender, age 4, 31. Plaintiff is not, at this time, receiving public assistance for the support of Abigail Perlin Bender. 32. No previous support order was entered against the Defendant. 33. Plaintiff has not received any support from the Defendant WHEREFORE, Plaintiff respectfully requests the Court to enter an order against Defendant and in favor of Plaintiff and the aforementioned child for reasonable support and medical coverage, Respectfully submitted, RHOADS & SINON LLP By: S' -t;n (,. I '~ Stephanie E, DiVittore P,O. Box 1146 FIanisburg,PA 17108-1146 (717) 233-5731 Attorney for Plaintiff ~ G> ~ ~ <.J , ~ "" ~ ~ - "C ~ cz ~ \.\ -- $4 (J ~ ~ o ,'1 ~ "'" ~ ~ ~ ~ ~ '" 1- V) - ~ .., (") c.: ~ ""OfT; JT;frl Z:.::'.: -"'r--- u~.),~ 2 "'d, ~ ~::;. ;.- ~ a N V> fT1 -'" N Ul o -" ..-1 r' ':,;;Q -!-- ill ::;:C) :;1~) _:i~:~ ~~_~ in ...t :!a -< -\:; -',r- --- ;;~) :.oJ '0 HEATIIER BENDER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-4615 CIVIL ACTION LAW RYAN BENDER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, September 30, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, November 04, 2002 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 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 hearin~. FOR TIIE COURT. By: Isl Melissa P. Gree'QY. Esq. tJ 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~ ~ ~ ~ ro-('. r?/ -J::7if(J Z ~ ~ e: (7- l:'. 0/ '5X r ~ ~ ~cl"~ -c(7-e-t71 JJ.Nn~~V1~~~'f?gw .." 'n,., ""'I ,. 'V tr::i '2/ ' "., lid 2_ . .' lJa 20 AI:J\j!'^t .' -J..r..~I,1 dO SHERIFF'S RETURN - REGULAR CASE NO: 2002-04615 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENDER HEATHER VS BENDER RYAN VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon BENDER RYAN the DEFENDANT , at 1904:00 HOURS, on the 30th day of September, 2002 at 55 VILLAGE COURT MECHANICSBURG, PA 17055 by handing to RYAN BENDER a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.97 .00 10.00 ,00 36.97 So Answers: ,?,,~A'-<~ R. Thomas Kline me this r~ day of 10/01/2002 RHOADS & SINON By: 1/ /). / /. I/~- tu../~ Deputy Sher' f Sworn and Subscribed to before @ (/;;t.~ ;Jt1J.J..- A.D. (/'1',(' C fi"ii,~ $ I rothonotary , REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Defendant HEATHER BENDER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-4615 RYAN BENDER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may pro~eed without you and a Decree of Divorce or annulment may be entered against you by the Court. Ajudgm~nt may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. ~ou may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, IrA WYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. ' , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty A venue Carlisle, P A 17013 1-800-990-9108 --'-------.~._--._----,-------~----,..- REAGER & ADLER, PC BY: Joanne Harrison Clough, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys fur Derendant HEATHER BENDER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 02-4615 RYAN BENDER, Defendant CML ACTION - LAW IN DIVORCE A VISO PARA DEFENDER Y RECLAIMAR DERECHOS , USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas e~puestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso po/de proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction rec1amado* por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. , Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Cumberland County Courthouse, I' Courthouse Square, Carlisle, Pennsylvania. , SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO; FINAL DE DlVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDIATO. SI NO TfENE o NO PUEDO P AGAR UN ABOGADO, VA YA 0 LLAME A LA OFICINA INDlCADA ABAJO PARA A VERlGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. ' Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 HEATHER BENDER, Plaintiff ; IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA vs. ; NO. 02-4615 RYAN BENDER, Defendant ; CIVIL ACTION-LAW ANSWER TO COMPLAINT IN DIVORCE AND ANSWER FOR CUSTODY OF MINOR CHILD AND NOW, this 1'\~y of October, 2002 comes the Defendant, RYAN BENDER by and through his attorneys REAGER & ADLER, P.C. and respectfully files this Answer to Plaintiff's Complaint in Divorce and Custody of minor child and response thereto avers as follows; 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. By way of further explanation the Defendant does not desire to participate in such counseling. 9. Admitted. 10. No responsive pleading is required to this averment. 11. Admitted. COUNT I Section 3301(a)(6) 12. No responsive pleading is required to this averment. 13. Denied. It is specifically denied that the Defendant offered any indignities to the Plaintiff to render Plaintiffs condition intolerable and her life burdensome. It is further denied that Plaintiff is an innocent spouse and injured spouse. WHEREFORE, Defendant respectfully requests that this Court deny Plaintiff's request for a Divorce pursuant to Section 330l(a)(6) of the Pennsylvania Divorce Code, 23 Pa.C.S. A. ~330l(a)(6). COUNT II Section 3301(c) 14. No responsive pleading is required to this averment. 15. Admitted. Defendant will execute a consent to divorce on or after the ninety-one (90) days from the service of the Divorce Complaint if the economic issues are resolved.. WHEREFORE, Defendant joins Plaintiff respectfully requesting that this Court will enter a Decree of Divorce pursuant to Section 3301(c) of the Pennsylvania Code, 23 C.S.A.~330l(c). COUNT III Custody of Minor Child 16. No responsive pleading is required to this averment. 17. It is admitted Plaintiff seeks custody of the child, Abigail Perlin Bender. It is specifically denied that it is in the best interest and permanent welfare that Plaintiff be granted sole custody ofthe child. 18. Admitted. 19. Admitted in part, denied in part. It is admitted that the child has resided at times with the following persons at the following addresses as set forth in Plaintiff's complaint, however, it is specifically denied that these are the only addresses where the minor child has resided. To the contrary, the minor child resided with Plaintiff at the residence of JenniferYoung, with Jennifer's husband and three (3) children for approximately six (6) months from the parties separation from March of 2002 to August, 2002. It is further denied that the child presently resides with Heather Bender; rather she resides with her father, Ryan Bender four (4) to five (5) days/nights a week and Plaintiff/mother two (2) to three (3) days per week. 20. Admitted. 2 I. Admitted. 22. Admitted. 23. Admitted. 24. Admitted. 25. Admitted. 26. Admitted. 27. Denied. It is specifically denied that the best interest and pennanent welfare of the child will be served by granting Plaintiff primary physical custody of the child. It is further denied that Plaintiff has been primary care giver to the child. Since the child's birth until the parties's separation both parties provided the care taking needs of the child. Since the parties separation Defendant father has served as the primary care taker of the child. 28. Admitted. WHEREFORE, Defendant respectfully requests the Court enter an order granting him primary physical custody of the child or in the alternative shared physical custody of the child and grant both parties joint legal custody of the child. COUNT III (sic) Support for Minor Child 29. No responsive pleadings is required. 30. Admitted in part; Denied in part. It is admitted Plaintiff seeks support for their child, Abigail Perlin Bender. It is specifically denied that defendant owes Plaintiff any support obligations for said child. Defendant has custody of the child four (4) to five (5) days per week. 31. Admitted. 32. Admitted. 33. Denied. It is specifically denied that Plaintiff has not received any support from Defendant. To the contrary, Defendant has provided Plaintiff with money, food and other items to assist her in providing for the child during her periods of physical custody. In addition, thereto Defendant provides for the day to day needs of the child for four (4) to five (5) days nights per week directly while he has the child in his physical care, custody, and control. WHEREFORE, the Defendant respectfully requests this Court deny Plaintiff's request for support for minor child since Defendant is meeting his child support obligation by directly providing for the child. , Esquire . . YERlEICA1:IDN I, RYAN BENDER, verify that the statements made in the foregoing pleading 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. Section 4904, relating to unsworn falsification to authorities. Date: ! 0- II - O~ ~~N1 GMMA Ryan Bender (") ~~ lihl r"'T'lJ,: -;....'r.. ~~,.-"'. -.... 1-- r, '_ ~.1 ~( ~~~-~ ~7 ~ :..." OJ o N o :-:> ---i C) -~1 --~ '-, ~, r-- 'j',! \.=' (:; -1-, _;i(~ ~:_~ ,C::ri (j1 -<:1 ,'0 '>. 5;) -< NOV 2 5 2002 'f HEATHER BENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4615 CIVIL TERM v. CIVIL ACTION - LAW RYAN BENDER, IN CUSTODY Defendant ORDER II COURT AND NOW, this ~'( day of ~ ' 2002, upon consideration of the attached Custody Conciliation Summary Report, Il'is hereby ordered and directed as follows: 1. Leqal Custodv. The parties, Heather Bender and Ryan Bender, shall have shared legal custody of the minor child, Abigail Perlin Bender, born February 17, 1998. 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. Pursuant to the terms of Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical. dental, religious or school records. the residence address of the child and of 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 child. 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 records, 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, child's parties, musical presentations, back-to-school night, and the like. 2. Phvsical Custody. A. Father's physical custody shall be arranged as follows: (1) Each Sunday at noon until Wednesday morning at 8:30 a.m. (2) Each Friday after work (approximately 6:00 p.m.) until Saturday morning between 10:00 and 11 :00 a.m. NO. 02-4615 CIVIL TERM B. Mother's physical custody shall be arranged as follows: (1) Each Wednesday morning at 8:30 a.m. until Friday at approximately 6:00 p.m. (2) Each Saturday from between 10:00 a.m. and 11 :00 a.m. until Sunday at noon. (3) During Father's working hours when Abby is not in preschool, Abby shall be with Mother. 3. Transportation. Transportation shall be shared in accordance with the following plan: A. Father will provide transportation on Monday, Tuesday and Wednesday morning when he drops Abby off at Mother's place of employment and on Friday when he picks up Abby atter work. B. Mother will provide transportation on Monday and Tuesday evenings at the beginning of Father's custodial periods and on Saturday mornings. 4. Christmas. The Christmas holiday shall be divided into two segments. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 251h at noon until December 26th at 6:00 p.m. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. 5. Alternating Holidays. The parties will alternate the following holidays to commence with Father having custody for Thanksgiving 2002: Thanksgiving, Easter, Memorial Day, Independence Day, and Labor Day. 6. The holiday schedule shall supersede the regular schedule. 7. Vacation. Each parent shall be entitled to eight (8) consecutive uninterrupted days for the purposes of vacation each year upon thirty (30) days notice to the other parent. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation time. NO. 02-4615 CIVIL TERM Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. { ..-"\ \ J. Dis!: Stephanie E, DiVittore, Esquire, P,O, Box 1146, Harrisburg, PA 17108-1146 ' ~ /1/,2 7~CJ.L Joanne H, Clough, Esquire, 2331 Market Street, Camp Hill, PA 17011 .~ 9--. ~ ~ <::> ~[;) ~ il i It::~ -'- r'." (, (5 ~ :::5 .r;:; :::r u::? ()SS ..>"..J ,')0 / x: ;;;: ,IJ (fj :!Jo:. a r,.. C\} =::,. ~ ~ ~ HEATHER BENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4615 CIVIL TERM v. CIVIL ACTION - LAW RYAN BENDER, IN CUSTODY Defendant 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 DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Abigail Perlin Bender February 17, 1998 Father 2. A Custody Conciliation Conference was held on November 18, 2002 in response to a Motion for Hearing filed by counsel for the Mother concurrently with the Divorce Complaint which was filed September 25, 2002. Present for the conference were the Mother, Heather Bender, and her counsel, Stephanie E. DiVittore, Esquire; the Father, Ryan Bender, and his counsel, Joanne H. Clough, Esquire. 3. The parties reached an agreement in the f7 of Order as attached. II/rX/~V ~ ' Date I elissa Peel Greevy, Esquire Custody Conciliator : 165288 Stephanie E. DiVittore. Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square. 12th Floor P.O. Box 1146 Harrisburg. PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff HEATHER BENDER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - F AMIL Y DIVISION CASE NO,: 02-4615 RYAN BENDER, Defendant PETITION FOR MODIFICATION OF CUSTODY ORDER 1, On or about November 4, 2002, a custody conciliation was held before the custody conciliator, Melissa p, Greevy, Esquire in order to decide the custody of the minor child, Abigail Bender, 2, On or about November 27, 2002, an Order of Court was entered for custody, a true and correct copy of which is attached hereto as Exhibit "A." 3. Pursuant to the Order, parents Heather Bender and Ryan Bender were awarded shared, legal custody of the minor child, and physical custody was 1:0 be arranged as follows: A. Father's physical custody: I. Each Sunday at noon until Wednesday morning at 8:30 a,m. 2, Each Friday after work (Approximately 6:00 p,m.) until Saturday morning between 10:00 and 11 :00 a,m. B. Mother's physical custody shall be arranged as follows: 490806.1 I. Each Wednesday morning at 8:30 a,m, until Friday at approximately 6:00 p,m, 2. Each Saturday from between 10:00 a.m. and II :00 a,m, until Sunday at noon, 3. During Father's working hours whe:ll Abby is not in preschool, Abby shall be with Mother. 4, Since the entry of the Order, however, mother Heather Bender has moved from 699 Bernheisel Road, Mechanicsburg to HC Box 30, Karthaus, Clearfield County, Pennsylvania. This is approximately 21/2 hours away from Father's residence, As a result, the current Order contemplates a custody arrangement that is no longer feasible. 5. Even more importantly, however, Father Ryan Bender has consistently and deliberately refused to insure the child is properly transported to school and able to return home after school. 6. Specifically, Ryan Bender has, on numerous oceasions, failed to transport -- or arrange for transportation -- for Abigail to attend school. 7. Further, when Abigail is properly taken to school, Ryan Bender has deliberately failed to be home and outside his residence when the bus arrives for Abigail to return home from school. The regulations in the School District mandate that the parent or responsible person be waiting, outside the home, or the bus driver will not permit the child to return home, In these instances, he has also failed to answer his phone when the District has contacted him to determine why he was not outside the residence, 8. Instead, on numerous occasions, the bus driver has had to contact the child's maternal grandmother, Deborah Wolfgang, to make arrangements for Abigail. -2- 9, Both mother and grandmother have made numerous pleas to Ryan Bender requesting he remedy this situation, Mr, Bender, however, has failed to take any steps to insure Abigail attends school and is able to return home upon completion of school. 10, Heather Bender avers and therefore believes that Ryan Bender has no intention of altering his habit or otherwise making the arrangements necessary for Abigail's proper care, 11. Mr. Bender's actions have caused and will continue to cause harm to the child if permitted to continue. 12, Therefore, it will be in the best interest of the child to award full physical custody to mother Heather Bender, with father Ryan Bender entitled to visitation on dates which do not require transportation to or from school. WHEREFORE, Petitioner, Heather Bender, respectfully rl.'quests that the Court modif'y the existing Order because it will be in the best interest of the child, Abigail Bender. Respectfully submitted, RHOADS & SINON, LLP By: ~ It ,"ffznti..-..-- Stephanie E. DiVittore Attorney J.D. No, 85906 One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff - 3 - VERIFICATION Heather Bender, deposes and says, subject to the penalties of 18 Pa.C.S,A. g4904 relating to unsworn falsification to authorities, that she is the mother of minor child Abigail Bender, and that the facts set forth in the foregoing Petition for Modification of Custody Order are true and correct to the best of her knowledge, information and belief, Date: /1/- J ~-u ~ J ~/J'-/7; L/ /JPPf/!) L ' Heather Bender EXHIBIT" A' I NOV2 5 2002 r HEATHER BENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4615 CIVIL TERM v. RYAN BENDER, CIVIL ACTION - LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~ 7 ~ day of ~.<...- , 2002, upon considerati of the attached Custody Conciliation Summary Report, it is hereby ordered and directed follows: 1. Leqal C!Jstody. The parties, Heather Bender and Ryan Bender, shall ha e shared legal custody of the minor child, Abigail Perlin Bender, born February 17, 199 . Each parent shall have an equal right, to be exercised jointly with the other parent, to ma e all major non-emergency decisions affecting the child's general well-being including, but n t limited to, all decisions regarding her health, education and religion. Pursuant to the ter s of Pa.C.S. 95309, each parent shall be entitled to all records and information pertaining the child including, but not limited to, medical, dental, religious or school records, th residence address of the child and of the other parent. To the extent one parent h s possession of any such records or information, that parent shall be required to share th same, or copies thereof, with the other parent within such reasonable time as to make th records and informa~ion of reasonable use to the other parent. Both parents shall b entitled to full participation in all educational and medical/treatment planning meetings an evaluations with rega~d to the minor child. Each parent shall be entitled to full and complet information from any physician, dentist, teacher or authority and copies of any reports give to them as parents including, but not limited to: medical records, birth certificates, school r educational records, attendance records or report cards. Additionally, each parent shall b entitled to receive cqpies of any notices which come from school with regard to scho I pictures, extracurricular activities, child's parties, musical presentations, back-to-scho I night, and the like. 2. PhYsica~ Custody. A. Father's physical custody shall be arranged as follows: (1) Each Sunday at noon until Wednesday morning at 8:30 a.m. (2) Each Friday after work (approximately 6:00 p.m.) until Saturday morning between 10:00 and 11 :00 a.m. NO. 02-4615 CIVIL TERM B. Mother's physical custody shall be arranged as follows: (1) Each Wednesday morning at 8:30 a,m. until Friday at approximately 6:00 p.m, (2) Each Saturday from between 10:00 a.m, and 11 :00 a.m. until Sunday at noon, (3) During Father's working hours when Abby is not in preschool, Abby shall be with Mother. 3. Transportation. Transportation shall be shared in accordance with th following plan: A. Father will provide transportation on Monday, Tuesday and Wednesday morning when he drops Abby off at Mother's place of employment and on Friday when he picks up Abby after work. B. Mother will provide transportation on Monday and Tuesday evenings at the beginning of Father's custodial periods and on S$turday mornings. 4, Christmi:1s. The Christmas holiday shall be divided into two segment , Segment A shall be from December 24th at noon until December 25th at noon. Segment shall be from December 25th at noon until December 26th at 6:00 p.m. In even numbere years, Mother shall have Segment A and Father shall have Segment B. In odd numbere years, Father shall have Segment A and Mother shall have Segment B. 5. Alternating Holidays. The parties will alternate the following holidays t commence with Father having custody for Thanksgiving 2002: Thanksgiving, Easte, Memorial Day, Independence Day, and Labor Day, 6, The holiday schedule shall supersede the regular schedule. 7. Vacation. Each parent shall be entitled to eight (8) consecutive uninterrupte days for the purposes :of vacation each year upon thirty (30) days notice to the other paren , In the event that the parties have arranged conflicting schedules for vacation, the party firs providing written notice to the other party shall have choice of the vacation time. NO. 02-4615 CIVIL TERM Additionally, the vacationing parent shall provide a telephone number and location wher they can be reached during the vacation. BY THE COURT: ,/s/ ~ ~ .,~~ J, Dis!: Stephanie E, DiVitlote, Esquire. P,O, Box 1146, Harrisburg, PA 17108-1146 Joanne H, Clough, Ssquire, 2331 Market Street. Camp Hill, PA 1701'1 rq. ~ 1"- ""r "'of "'r'- r '>" ~ 'J/':" 0;;:; 'f ".' ~ nl'~C'''''''D ">- :f~~t'. '''''. r- ',1,.....n;;"1 v;,.,~' 't","~"'" Iq l 'fo..'..l..)'tl.... u"", .-- II I >. .,l:..,\;, j;Li.;Y "llId{;~U'f;r t~~<if: ifi;t,., s.ji'~ F'j." h:;r.,.. ,":. ...j( ',' ~.""'.' .... ."t,: ~. . .....V".,:, ""1 ~~l;iU ',: ~.W ..:).,;if ot S;:~;~1 C':.lFl t,f r~"J,':;....,.l r~-n -"',. a".. '.~-". ~ ~.', ......... """""', rG IbLJ,1, =y;.day u~:.....,-. ,}.t:p.L ~ CJ. J1,,~ ~1J:lf Prothon(jtar~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIIA , I I NO. 02-4615 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY HEATHER BENDER, v. RYAN BENDER, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDUR 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of th s litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Abigail Perlin Bender February 17,1998 Father 2. A Custody Conciliation Conference was held on November 18, 2002 i response to a Motion for Hearing filed by counsel for the Mother concurrently with th Divorce Complaint which was filed September 25, 2002. Present for the conference wer the Mother, Heather Bender, and her counsel, Stephanie E. DiVittore, Esquire; the Fathe , Ryan Bender, and his counsel, Joanne H. Clough, Esquire. 3. The parties reached an agreement in the for Order as attached. II/alia V Date I elissa Peel Greevy, Esquire Custody Conciliator :165288 CERTIFICATE OF SERVIC}~ I hereby certify that on this 22nd day of October, 2003, a true and correct copy of the foregoing Petition for Modification of Custody Order was served by means of Certified Mail, Return Receipt Requested, upon the following: Ryan Bender 55 Village Court Mechanicsburg, PAl 7050 Jllanne Harrison Clough, Esquire 2$3 I Market Street Camp Hill, PA 17011 S-in l- I' thr'U? ~n~ 1t- 'Q ~ . () -l::: (> - ~~ ~ --ft ~ ~ "'"'-J " C', ~, . nOt n" ;r. . ?>. ~, ,-,:-) ,') -, ,",J ,-'.' ~'..,~ :--,) . ,-) cn " (Jl REA TIffiR BENDER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4615 CIVIL ACTION LAW RYAN BENDER DEFENDANT IN CUSTODY AND NOW, ORDER OF COURT , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Groovy, Esq. at 301 Market Street Lemo ne, PA 17043 on Tuesday, December 02, 2003 , the conciI"ator, at 11:30 for a Pre-Hearing Custody Con erence, 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 tempoI' ry order, All children age five or IdeI' may also be present at the conference, Failure to appear at the conference ma provide grounds for entry of a~emporary or permanent order. The court hereby dire ts the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Cstody orders to the conciliator 48 hours prior to schednled hearinl!;. FOR THE COURT, By: Isl Melissa P. Gree'vy. Rsq. Custody Conciliator v' The Court of C mmon Pleas of Cumberland County is required by law to comply with the Americ ns with Disabilites Act of 1 90, For information about accessible facilities and reasonable accommodations available to disabled indi 'duals having business before the court, please contact our office, All arrangemen must be made at least 72 ours prior to any hearing or business before the court, You must attend the sched conference or hearing, YOU SHOUL~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 F OUT WHERE YOU CAN GET LEGAL HELP, ! Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7] 7) 249-3166 ~ fp '?-~~l rwf;r ~~ ~u, ~(J fz.v ~ ~4~ -r;; VlNVA'ASNN3d AlNnC(l 0~!1'1fFl8Wno I I :l Wd 0 S 1::10 80 AfNIC~\JOH,lOcid ::!Hl :10 3QI:bQ-031l:l [0 or 01 {Cl. OF-of [O-oPOI DEe 1 7 2003 ~j '" HEATHER BENDER. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 02-4615 CIVIL TERM v. CIVIL ACTION - LAW RYAN BENDER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 16th day of December, 2003, upon the request for continuance by counsel for Plaintiff, the Pre-Hearing Custody Conference previously scheduled for December 2, 2003 is continued, It is hereby directed that the parties and their respective counsel appear before Melissa Peel Greevy. Esquire, the Conciliator, at 301 Market Street, Lemoyne, Pennsylvania 17043 on the 13th day of January, 2004 at 12:00 p.m. for a Custody Conciliation 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 a temporary order. Failure to appear at the conference may provide qrounds 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 tody Orders to the Conciliator 48 hours prior to scheduled hearing. T ECOU T:~ Melissa Peel Greevy, Esquire Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 ~/~ ~~~jgJ -~ ~ Dist: Stephanie E. DiVittore, Esquire, P. O. Box 1146, Harrisburg, PA 17108-1146 Ryan Bender, 456 Allenview Drive, Mechanicsburg, PA 17055 :222194 1/.!;//\IASNN3d ",)",".- -". r."".',"-;^,~", 1\lJ'1 l1J -' ' ".';'U~jdn: Iv I I :6 14'4 a I 330 EDOZ AaVlONOHIOl:Jd 3Hl :JO 381::!.:l0'03l1::l HEATHER BENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4615 CIVIL TERM v, CIVIL ACTION - LAW RYAN BENDER, IN CUSTODY Defendant 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 DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Abegale Perlin Bender February 17, 1998 Mother and Father 2. A Custody Conciliation Conference was held on December 2, 2002 in response to Mother's November 23, 2003, Petition for Modification. Present for the conference were: the Mother, Heather Bender, and her counsel, Stephanie E. DiVittore, Esquire. The Father, Ryan Bender, did not appear. The Father's prior counsel, Joanne H. Clough, notified the Conciliator's Office that she had not been retained for the purpose of the Conciliation Conference. 3. The Plaintiff's counsel reports that Father was served by restricted delivery mail with a copy of the Order scheduling the Conference on October 31, 2003, The Conciliator met with Mother and her counsel for approximately one hour. At no time did Father call or appear for the Conference, 4. Mother's position is as follows: Mother reports that she presently resides in Perry County with her sister. She works part time driving a school bus in the Cumberland Valley School District. She filed the Complaint because during Father's period of custody, the child has had five unexcused absences and seven unexcused tardies from school. Mother provided school records to support this allegation, The child presently attends Shepardstown Elementary School for kindergarten. Mother reports that the child likes school. Mother is concerned that Father is not sufficiently supporting the importance of the child's education by getting her on the school bus each morning. While she prefers to keep Father involved in the child's life, she believes that the child's education is sufficiently important to seek Court intervention. Mother also reports concerns that the child is not being given breakfast before going to school. Additionally, she reports that the child's NO. 02-4615 CIVIL TERM dental hygiene is poor, Although Mother was within her rights to request a recommended Order be entered in Father's absence, she agreed to continue the matter. to allow Father one final opportunity to participate in the decision-making regarding the parties' daughter, prior to asking the Conciliator to enter a recommended Order, 4. Father's position with regard to custody is not known in that he elected not to attend the Conciliation Conference, 5, The Custody Conciliation Conference will be rescheduled at a time convenient to Plaintiff's counsel. Plaintiff's counsel will file a Certificate of Service for the Order scheduling the Custody Conciliation Conference for December 2, 2003, as well as a Certificate of Service indicating that this Order was s rved on the Defendant. At Mother's request, the spelling of the child's first name has en co ected in the Conciliation Report, Ii ~5 Date Ii Melissa Peel Greev , Esquire Custody Conciliat :165288.2 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg. P A 17108-1146 (717) 233-5731 Attorneys for Plaintiff HEATHER BENDER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - F AMIL Y DIVISION CASE NO,: 02-4615 RYAN BENDER, Defendant PROOF OF SERVICE The undersigned hereby certifies that, as evidenced by Ihe return receipt cards, copies of which are attached hereto as Exhibit A, a true and correct copy of the Order scheduling a conciliation hearing for December 2, 2003 and Order scheduling a conciliation hearing for January 13, 2004, were served on Ryan Bender at 456 Allenview Drive, Mechanicsburg, Pennsylvania 17055.. RHOADS & SINON LLP By: s,p"1 V I ftVl.-L Stephanie E. DiVittore One South Market Square P.O. Box 1146 Harrisburg, P A 17108-1146 Attorneys for Plaintiff EXHIBIT "A" NDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete item 4 if Restricted 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. Article Addressed to: '6t nd...c2 e ClIWnview 0v2.\\/e 'leCI-l!l(l,c,2:.LLY9 PA I I O:5S- '~lL\(\ ~ s:ib Artl! (rra, FOI Complete items 1, 2, and 3. Also complete item 4 if Restricted 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. Article Addressed to: )J ,LI CLU Oencu YL S& AJ Len vfevUf21 1R[i..JOft,L<;;,h,-'--i/i) J)4 I iOS-S- \ vJ2 ' . . . . A. x B. D. Is delivery address different from item 17 If YES..enter delivery address below: = 3. Service Type cP"Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes <-I- 1 0259S'()2-M-1540 :. o Agent o Addressee C. Date of Delivery DYes o No ,,':, C:, ~ 4.0' 3. Service'Type ~ertified Mail' 0 Express Mail o Registered 0 Return Receipt for Merchandi~,e q In red Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes ; Form 3811, August 2001 Article Number (rransfer from service lebel) IOC, C{ 3 L/ DOC:(:) I 3 102595-02.M.1S40 35CJ 2 6"803 Domestic Return Receipt ..,..." ........"..-.".. ../'. ,..//'" /' /' CERTIFICATE OF SERVICE I hereby certify that on January 12, 2004, a true and correct copy of the foregoing "Proof of Service" was served by means of United States mail, first class, postage prepaid, upon the following: Ryan Bender 456 Allenview Drive Mechanicsburg, P A 17055 ~ l/ I '4-nc- n o c, ~.. -::u\ -~ .--:0 c:) C:::::I ~- c -(~ ..-< ::c '-n:D ,- _,-,i"'T', -[1....:) (5~) -.--:J---;"; '-.~~-'1'1 ()?") /;~. ;:"\"1 ()' , :':U <- ~: ..... w l':? 17:) CJ MAR 0 2 2004 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4615 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY HEATHER BENDER, V. RYAN BENDER, Oefendant BAYLEY, J. --- ORDER OF COURT AND NOW, this gf.h day of '-17..7r:u(iI , 2004, upon consideration of the attached Custody Conciliation Summary Report, and it appearing that the parties are in need of a hearing, it is hereby directed that the Order of January 22, 2004 shall remain in full force and effect pending hearing or an agreement of the parties. 1. A hearing is ~heduled i~rtroom Number 2 of the Cumberland County Courthouse, on the c-:f!3 day of :I , 2004, at /.. O() o'clock L.M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Heather Bender, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro sa shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BYTH~ ," V \s&'1 ~ Edgar B. Bayley, J. Dist: Stephanie E. DiVittore. Esquire, P,O, Box 1146. Harrisburg. PA 17108-1146 Joanne H, Clough, Esquire. 2331 Market Street, Camp Hill, PA 17011 ~ ~~ IIJLO<( cf-. ..'.- FILED-OFFICE OF THE PROTHONOTARY 200HII\R -8 MIll: 07 CU'r"e;::" ,'.." "1111:''-''' 1\ :"""._1 :L./ \"'~! c,"-,.....,l'll' PEr\J;~S\'LVf\f\!;'l\ HEATHER BENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4615 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. RYAN BENDER, Defendant 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 DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Abegale Perlin Bender February 17, 1998 Father 2, A Custody Conciliation Conference was held on February 17, 2004, with the following individuals in attendance: the Mother, Heather Bender, and her counsel, Stephanie E. OiVittore, Esquire; The Father, Ryan Bender, and his counsel, Joanne H. Clough, Esquire. The Conference was scheduled to evaluate the parents' progress on seeing to it that the child gets to school on time, immunizations, medical care and participating in parenting program. 3, Mother's position on custodv: Mother reports that the child has had the physical exam as planned, and completed the update of her immunization program on February 10, 2004. She produced a document reflecting which immunizations had been provided. Mother reports that she met with the teacher and that she indicated concerns about the child's progress in reading and math. At this Conciliation Conference, Mother renewed her request for primary physical custody during the school week because her work schedule makes her more available to assist the child with school work and because of the pattern of the child's tardiness and absences while in Father's primary custody. Mother acknowledges that the child has not been late to school since the last Conciliation Conference on January 13, 2004. The parties have a factual dispute regarding whether Father was told that there were concerns about the child's progress at school. Mother is participating in a program with Parent Works and had her third meeting scheduled with them on the day of the Conciliation Conference. She indicated that Parent Works was willing to work with both parents to improve the communication between them. Mother recognizes that if she has primary custody this will mean a relocation for the child to a different school district. NO. 02-4615 CIVIL TERM 4. Father's position on custodv: Father will not agree to change primary custody during the week to Mother even if she offers for Father to have custody each weekend supplemented by evening periods of partial custody during the week. Father claims that Mother did not share the information regarding the child's report card with him. However, he also admits that he has not sought a copy of the report card from the school nor attended parent-teacher conferences. He did acknowledge that Mother shared the information regarding the school district's offer of enrollment in Title I reading programs for the child. Father has not begun any work with Parent Works. Nor does he have an appointment scheduled to begin work with them. Father reports that he has a new employment arrangement which was scheduled to commence February 23, 2004. He will be working at the Pennsylvania Higher Education Assistance Agency from 8:00 a.m. to 4:30 p.m. Additionally, he will be working Thursday and Saturday evenings at Ruby Tuesday. Father objects to the child having to change schools. He also points out that Mother has moved several times since the parties' separation. Father has an additional objection to the transfer of primary custody to Mother because it would keep him from seeing the child as much as he does under the present arrangement. 5. Because the parties do not have an agreement with regard to changing the custodial schedule, a hearing will be necessary. The Conciliator makes no recommendation to change the Order as it exists at this time as that will ~rmined by the Court. .j;:/of uif.4':I~~ Oate Melissa Peel Greevy, Esquir Custody Conciliator :224834 HEATHER BENOER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. RYAN BENDER, OEFENDANT : 02-4615 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of April, 2004, the custody hearing currently scheduled for April 23, 2004, is cancelled and rescheduled to Wednesday, April 28, 2004, at 1 :30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, B~~~~ Edgar B. Bayley, J. ..stephanie E. DiVittore, Esquire For Plaintiff /Joanne Harrison Clough, Esquire For Defendant :sal >!~ 1{~ olj! Og .O~ VJN~~/ri/Si\jf{jd Al'rn""'" ''''''''''n~ '1'\';';' I,"" ""'-"'1' "1 . "'11-.,..-.,.' ,..-." '.,:,.;')1~' IV 82 : II f;~ 8- iJdV ~ODZ AbVlONOHLOCld 3H1 :.!O :;:J!:uo--o::n!:i 08/31/2006 10:39 7179094939 REAGER & ADLER PC PAGE 03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER BENDER, NO. 02-4615 Plafntfff CIVIL ACTION - LAW v. IN DIVORCE RYAN BENDER, Defendant PRAECIPE FOR WITHDRi~WAL OF APP~CE To the Prothonotary: Withdraw my appearance on behalf of Ryan Bender in the above captioned matter. Date: <6 -- ~\ ---0 \ Joann Harrison Clou , 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 1.0. No. 36461 ~,; 0 e~-:;') t' c;;;:i"\ (,I) ~~ I c/) -;:1 '-;c';; ~._- , --, ';:> ~ c-; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER BENDER, Plaintiff NO. 02-4615 v. CIVIL ACTION - LAW RYAN BENDER, IN DIVORCE Defendant PRAECIPE TO ENTER APPEARANCE Date: August 29, 2006 To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court 10 No. 32112, on behalf of the Defendant, Ryan Bender. Papers may be served at the address set forth below: Diane G. Radcliff 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 r---:> 0 g -n 0..... (/) ""\:;,: 1 C,.' , . .(.:.".) 01 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER BENDER, NO. 02-4615 Plaintiff CIVIL ACTION - LAW v. IN DIVORCE RYAN BENDER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 25, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: t;-/q-OiJ ~ LA J--L A R BENDER BULA iJ-A (":I ~ 'S:-" .-or) U; r{".\\.'.c ~,\'; \J ,: r:~ (~ ~ ~ % --0 \''> cP --cl ~ '~~~~ !~ :~'. -:.7'~. ~:;~ ~ ~........ ff1r: -t") \3 ^;gb -i:,,:~ ;~;' 'tn (5 --~ ~ c.J' o ~ .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER BENDER, NO. 02-4615 Plaintiff CIVIL ACTION - LAW v. IN DIVORCE RYAN BENDER, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST . ENTRY OF A OIVORCE DECREE UNDER SECTION 3301 (t) OF THE [)IVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entereq by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver 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. Da ted: 9- /q -O/p dl~U (jf17dM HEATHER~.r o c s r-Y C:-.J = CT' ~ -0 1') CO o "11 .-4 -r,-r1 lIF :~J.,m9; u ?) '-:j9, ~.L -f"1 ('~~(~ "/,,11'1 o "'-\ ~ :< -v -~-- ~ ":'J <.J1 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER BENDER, NO. 02.4615 Plaintiff CIVIL ACTION - LAW v. IN DIVORCE RYAN BENDER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 25, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Of-18 '-OlP ~ 0 c:-) 0 = c = ,,"n ~ a'" -0 G.: 0 rl' ~' I C-) --., .... I . v-~ c...f1 --<':... ~ :,':-:: :.s:: / , , >" \'-' ,.." -, (--~ l..C' -~,:; :;;::: 5; _-I -< 0) -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER BENDER, NO. 02-4615 Plaintiff CIVIL ACTION. LAW v. IN DIVORCE RYAN BENDER, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECR.EE UNDER SECTION 3301 (Q OF THr-DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: L1- (<( ~ 0(1.7 ~ RY BEND o c.::, -- 4:) tr n\<." -:/ '"'; ,t---:::.. /.~ (J~~. ." .~-L. '" r;'= ,/f.,_~~ -~~j~ '~7 ~ c,..;. <::r o ~ , ,-,,, o -,. .-\ --r" --- ~F, ..~\;~}t;~ '.~:!. (; -s:;~ .,.....,..,,,. ~'~ ,"'"..--' ~_~ C~/i -;:\\::..'(, '.:::'-\ '-t7 ~ \.!) .' - O? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER BENDER, NO. 02-4615 Plaintiff CIVIL ACTION - LAW v. IN DIVORCE RYAN BENDER, Defendant PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 9/25/2002 b. Manner of Service of Complaint: Personal Service by Sheriff c. Date of Service of Complaint: 9/30/02 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 9/19/06 b. Defendant: 9/18/06 4. RELATED CLAIMS PENDING: No economic claims have been raised in this case, and there are no economic claims are outstanding. 5. DATE WAIVER OF NOTICE IN SECTION 3301 (C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 9/28/06 b. Defendant's Waiver: 10/5/06 ANE G. RAD IFF, ESQUIRE . d CampHill,PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Attorney for Defendant, Ryan Bender () ~ "'06:' fI\ c" 7.!.1"\ 2~ ~.,- OJ ,T Bf:~ ~~,L '/'"C: ~ ~ c:::::> 0'" o n -I - ~ :s: 9 cJ1 N ~ :1 rl1 -:::Q -nb i-\~~" ~~ ~~~;, r)t~n :=-4 > .~ '" "'''' '" "'''''''''' '" "'''' "''''''' "'''' '" "'''''''''' "'''' IN THE COURT OF COMMON PLEAS "''''''''''''''''''''''''''''~'''~'''''''''''''''~ ~~~~~'" ~ ~ OFCUMBERLANDCOUNTY STATE OF HEATHER BENDER. PENNA. Plaintiff No. 2002-4615 CIVIL TERM VERSUS RYAN BENDER, Defendant DECREE IN DIVORCE _ A)d16..c. ,,? tJ ,. AND NOW, DECREED THAT HEATHER BENDER AND RYAN BENDER ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,?OOh , IT IS ORDERED AND , P LA I NT IFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; claims are outstanding. No economic claims were raised in any pleading and no economic None. ~ 0;:" ~ ~ "''''~''''''~~~ ~~ ~~~"'~~~~~ ~~"'~~ ~~~ ~"'~ R71J PROTHONOTARY ~"'~~ ~ ~ ~ ~ '" ~ ~ ~ ~ ~ J. ) pi) ~ ? ~ ~ T'D 719-01:' . ~/ P? ~w~ ~ ~'~'c7/ -. .. - ' ,'" 'I;