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HomeMy WebLinkAbout00-04865 , ,~, "t;;:.f, i MICHAEL J. BENSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CANDICE L. BENSON 00-4865 CNIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 12TH day of JULY, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbnrg, PA 17055 on the 6TH day ofEPTEMBE ,2000, at 3:00 PM 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. FOR TIIE COURT, By: Isl Dawn 51, Sunday. EsqbJJ 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 ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 ~ I, > MjWIl]., < . __~""W_"'~, '~ ",--'Ok <-"~' ._ ~" -"'-'-,,., ~_",-,>~_"",-,_~,,,-~.,* Or. "._' ,_,,,;,,,"__,~' """!-i_ ','jT;\::'N "" 1'1\ \ ", Ph 2: ~;4 Uf...! ..JLL '..' . .-,,_.~ ,,- (,,-,\ "I\-\'{ C'JP',,,_c.,,,.,,\\., ,UU~ \.11J1l........I,W-, '-' PENNSYLVAt~11\ 7'/3aJ Mt!~~ Z~' ~ 7-/3 -00 '7?~_Jn~ Z ~- 7-/3'00 ~~~ ~~ " ~ ,~ ,_!ll~. ~"",.~__~,,_ ~...> ,~~:f'J~";-"l''''',*i~f'",~)<:T3)''''W}'-'';~'''<~'''"''P'"'~''",!HfJ'i'!'~'''!'l:1ifil,."q"'~1'l'~.>?~!;.,,,g''-J'ml1l!llml!lllln~ ~'" ; T!!l " ,~ '''''''''''-- t,-, MICHAEL 1. BENSON, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. tV - W IPs' i;;J CANDICE L. BENSON, Defendant : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at , Pennsylvania, on the day of ,2000, at o'clock _.M., 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, FOR THE COURT: By: Custody Conciliator - "--', ~,' ~-~ffii> 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 mcilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTy BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Phone: 717-249-3166 '~..."iillt.<li MICHAEL J. BENSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. HJ - If ((,) Ct;;.J - Iv- CANDICE L. BENSON, Defendant : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Michael J. Benson, residing at 100 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Candice L. Benson, residing at 547 Bedford Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence ~ 11 Michael J. Benson, Jr. 547 Bedford Street, Carlisle, PA 17013 Todd A. Benson 547 Bedford Street, Carlisle, P A 17013 7 The children were not born out of wedlock. The children are presently in the custody of Candice L. Benson, who resides at 547 Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five (5) years, the children have resided with the following persons and at the following addresses: Names Addresses Dates Candice L. Benson 547 Bedfurd Street, Carlisle, PA 17013 7/2/00 - present Candice L. Benson 140 East Cumberland Road Enola, PAl 7025 12/97 -7/2/00 ~-,,-, Candice L. Benson and Michael J. Benson 140 East Cumberland Road Enola, P A 17025 6/95 - 12/97 The mother ofthe children is Candice L. Benson, currently residing at 547 Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. She is divorced. The father of the children is Michael J. Benson, currently residing at 100 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025. He is married. 4. The relationship of Plaintiff to the children is that of biological father. The Plaintiff currently resides with the following persons: Name Relationship Jenifer A. Benson Kerrianne A. Morrow Heather M. Morrow Wife Stepdaughter Stepdaughter 5. The relationship of Defendant to the children is that of biological mother. The Defendant currently resides with the following persons: Name Relationship Nate Stoner Michael J. Benson, Jr. Todd A. Benson Boyfriend Son Son 6. PIaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. ~.-- -., .,;,~,"'< Plaintiff does not know of a person not a party to the proceedings who has physical custody ofthe children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare ofthe children will be served by granting the relief requested because the P1aintiff is in a better position to provide a more stable home life within the school district where the children had been enrolled and to provide for their spiritua~ emotional and developmental needs. This action is being undertaken as a result of Defendant's unilateral decision to take up residence with her boyfriend in a new school district without regard to the best interests of the parties' minor children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency ofthis action and the right to intervene: NONE. WHEREFORE, PIaintiffrequests the Court to grant custody of the children. Dated: July 10, 2000 By: . " ~ R.EriPr Supr e Court .D. #43813 73 Cedar Avenue P.O. Box 775 Hershey, PA 17033 (717) 533-8652 - ~ .;.' ~ ~~$;b VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that fuIse statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATED: 1/7/<J~ . I d.J.J ~ MICHAEL J.<:BENSON - .~ ~ 'it;-! . . MICHAEL J. BENSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 0D-4865 CIVIL TERM . . CANDICE L. BENSON, : CIVIL ACTION - LAW Defendant . IN CUSTODY . ORDER OF <XXlRT AND lOl, this ~ day of ~el(tt.-,Lt'r consideration of the attached Custody Concili tion Report, and directed as follows: I 2000, upon it is ordered 1. The prior Order of this Court dated November 6, 1998 shall continue in effect as modified by this Order. 2. The Father shall have custody of the Children on alternating weekends from Thursday at 5:30 p.m. through Monday morning when the Father shall transport the Children to school, and during the interim weeks, from Thursday at 5:30 p.m. through Friday morning when the Father shall transport the Children to school. The exchanges of custody every Thursday shall take place at the maternal grandmother's residence or other location agreed upon by the parties. In the event the Children are off school on either Monday or Friday during the Father's weekend period of custody, the Father shall retain custody of the Children if he is not working on that day or, if the Father is working I the parties shall make arrangements for the Children by agreement. BY THE COURT, 'J. Y ~OO l~ q.\6~ cc: R. Eric Pierce, Esquire - Counsel for Father Harold S. Irwin, III, Esquire - Counsel for Mother y I' Ii II I' I, I' I 1\ Ii Ii II, ..... F1LEirQi=F\CE. r\t: '".it: OOO'11.1^,,()"f.tlV \....1 ,I".' 1 . h \!I\)i.,..J\t\r\l 00 SE? \ 'J ?i'\ 31 11 CUMBER' ."In ^^' \~nv flENNi[V~" . I~ ? ~,~~,~-~ -~ ~ , - ,-, , " "~~1'l~Th'!t-'-'11il''lIl~t'T;H!I'",,!,,j-;;~f''jTF\lV''-'%'f.'~''''1'W'''''''''''W',Wi~''l'~W ~~!!.ui, ,~ , 'r'~''':,"'"''' " ,-: ,- MICHAEL J. BENSON, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : VB. . NO. 00-4865 CIVIL TERM . . . CANDICE L. BENSON, : CIVIL ACTION - LAW Defendant . IN CUSTODY . CUSTODY <XfiCILIATICJSI SUMMARY REPOOT PRIOR JUDGE: J. Wesley Oler, Jr. IN ACCI:1IDANCE WITH COMBERLAND COONTY RIlLE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michael J. Benson, Jr. Todd A. Benson August 26, 1988 November 11, 1992 Mother Mother 2. A Conciliation Conference was held on September 6, 2000, with the following individuals in attendance: The Father, Michael J. Benson, with his counsel, R. Eric Pierce, Esquire, and the Mother, Candice L. Benson, with her counsel, Harold S. Irwin, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 5t /Jk~ f; (k'JrIr) Date ' ~fIt,,~ Dawn S. Sunday, Esqu re / Custody Conciliator -~"~!lli.'2: .