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HomeMy WebLinkAbout00-06457 ~~~ , "11 LJ::'o" .. .. KIMBERLY 10 BENNER PLAINTIFF V. DARVIN E. BENNER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-6457 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 29 day 01EPTEMBEJe, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbnrg, PA 17055 on the 18TH day of OCTOBER ,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 THE COURT, By: Isl Dawn S. Sunda~. Esq.tJP 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /g c3.@ /03~ /tJ 3 -&tJ i" jr.~", ~, .., . .~ . ^ Cf F~il.Ff;-.Ol':rfCE "~<'Y-'r 'A' ,..., .. : '" ".I! >TARY ." ~ ; ; ',<,': \ ~J I/''\. , On Q^T ", D'.' " "1 ~i ,.it.-., -..:: 1 f'J ~1: .1 , . CU'!,!":;.:'" "(I'j' Inl~)UNlV ""-"_ij~Jli'; w i I PENNS\lVAi'-JiA dvIt%jp ~J/ ~ 4' /J1~ ~ <7(~~~~ ~~~~4"~ ., ~,~ ~~~g""""IIi\;;'fIl!:J!l'Ii~~:~WI"llfii)J'!R~~'ffl':~~~~~I~ '. ,_'_ - ___ _-.-.- ,,-,"-,,~_' .- "~'i."-"'~'~~"'C-"~"R';;~"---"-' "'~-_:-." " ,,< ~~-",,=_'v,~'''\::;'E "2_:0-, ..,:- -,,,;.,, ,,,,-c_d"" "* .~, ';'~:'-"i,~F' =,--""' "'j;;,",,;.k>< ,:,,;dt,,;,.~,. _'. , i -.' ':'.,,' ~::i KIMBERLY JO BENNER, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-~ '157 CIVIL TERM DARVIN E. BENNER, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of ,2000, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at ,onthe_dayof , 2000 at _ . 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 this conference may provide grounds for entry of a temporary or permanent order, By the Court, By: Custody Conciliator 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, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 -~--""~,- -~-~,' ~' ~-~--",-,-, ','- ",~~t"'-,~',;-;,,,,-, ;.,._,,,o:,'.^~ ' ',<:.."f'.'"""'"h;,,,,,"",-:;,~,,:-i;;,-"i~o;- ",e,-;_' ':ci;;,J ~.-, ,,- .1: AMERICANS WITH DISABILITIES ACT OF 1990 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 scheduling conference or hearing. , q ~"- ~-----"> , ,,-.- ,'~ .~ '-' ,,-.' , "'~' -",~., >",.""" -. ~O'".'_'o';~ '-'--; _'" ;;><"P',,; "'" <~~" '" , .'. "-'.U.'i ."",""'-"-"',>;;0; )<i,<,"~",.-, '''''__>' "l.';d;~:,J , I , KIMBERLY JO BENNER, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000- {,. '16'7 CIVIL TERM DARVIN E. BENNER, Respondent IN CUSTODY PETITION FOR CUSTODY 51" ('.1. L AND NOW, this d.L day of # 2000, comes the Petitioner, Kimberly Jo Benner, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The petitioner is Kimberly Jo Benner, an adult individual residing at 124 North East Street, Carlisle, Cumberland County, Pennsylvania 17013, 2. The respondent is Darvin E. Benner, an adult individual residing R. D, #2, Newport, Perry County, Pennsylvania 17074. 3. The parties are the natural parents of two minor children, namely Darvin E. Benner, Jr., born October 6, 1985, and Jesse Benner, born August 19, 1990. : ,""-".,,, .'-~ -"'~"""'" -~,",-..' '}, ""'0 ~_-"""'''''';'''';'''' ~";-,,",,,"--'''',~-i. "':' '>'V,.~:~_..;,__",).',- ",h;"""-~ &';"'"",,,"GB<k'_>"'-;;-"", T'O'J.-:;:":",e' ,-. ,," c'" 1 i I ~ 4. Petitioner desires primary physical custody of the children and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 6, The best interest of the children requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the children and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Mar . Mc 'pt, Att ney for Petitioner, . erly Jo Benner 60 West Po treet Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: September 21,2000 ~. ~ , '0: .",~_' , __,T_ ~ ,~_ ~".__.' . < "-, ',.',"-"'<"~~. '."" J;' ','" -,~^ ..^",~.;"",--,~,~,";""""~"""",""-,,,-;-,,,,;t" '';fb:08'd'':'~_'_''','A,,'''' "~ ;',~' , ..t: VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A, Section 4904, relating to unsworn falsification to authorities. Llv-{ 1-() ~ , KIMBERfiY JO BENNER Date: September 21,2000 ,i::l ~ J ~ ~ ~ t; e e, jlil ,,; \0 ... ".. \<:l >) g .. ~ ,. ... .-", ,,~^~ .,~, ,,!--"_ _,' d F~! (J~r) ,....'-- \" t- -r <. "c, - ,j1-1.-'10E .),' ,'.. ':: ".,,,,-,,,,.,_' I l\.l': ,. " ;":',!..:'~".'I"I.'I'\'O-AR ' '.I. I i Y nr' viJ sr.o 21 r'.' .,. (11 L: O? .. CUlf'" f': ,~," 1_' , J-UL1'-' ,,,'j\I:' (., . ') "..;" ,eI O'JN t ENI~""YI'!A"; ".N '" l.\i\NIA ".... ~1 , ."".'.' ''''"'',",',- ,', '. .'''''''7'' _",:,?"_ .~ ~ ~ o '" ").. .... l'- ~ .... . ~~ ,~ "." ,"-"" L ~ ,"" '^ . . KIMBERLY JO BENNER, Plaintiff . . IN THE OJURT OF OOMMON PLEAS OF CUMBERLAND OJUNTY, PENNSYLVANIA : . . vs. : NO. 00-6457 CIVIL TERM : DARVIN E. BENNER, Defendant . . CIVIL ACTION - LAW IN CUSTODY : ORDER OF COURT . ~ lOl, this ~\- day of ~ J~ consJ.derat1on of the attached CUstody ConcJ.lYat1on Report, and directed as follows: , 2000, upon it is ordered 1. The Mother, Kimberly Jo Benner, and the Father, Darvin E. Benner, shall have shared legal custody of Darvin E. Benner, Jr., born October 6, 1985, and Jesse Benner, born August 19, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children for 2 ccnsecutive weekends, beginning November 18, 2000, after which the Mother shall have custody for 2 consecutive weekends and continuing thereafter in the same 4 weekend cycle. The Father's periods of weekend custody shall run from Friday at 4:00 p.m. through Sunday at 7:00 p.m., with the exception of Sundays on which the Father works the shift beginning at 10:30 p.m., in which case the Father shall return the Children to the Mother's residence at 9:30 p.m. The Father shall pick up the Children at the Mother's residence at the beginning of his periods of custody. 4. Over the Thanksgiving holiday 2000, the Father shall have custody of the Children from Thanksgiving Day at 4:00 p.m. through the Monday after Thanksgiving at 7:00 p.m. 5. For the Christmas holiday in 2000, the Father shall have custody of the Children from the Friday before Christmas at 6:00 p.m. through Christmas Day at 1;00 p.m. 6. The parties shall ensure that Darvin E. Benner, Jr., "OJ", continues in drug and alcohol counseling at the Helen Stevens Center. The parties shall meet with the Child's counselor to obtain information concerning the Child's treatment and care as well as recommendations concerning the parties' participation in the Child's counseling and treatment. The Father shall attend all counseling sessions when he is not required to work, subject to the counselor'srecornrnendations with respect to the parties' attendance during the Child's sessions. The Mother shall ~~^ '~)::, . - L ~, ccoperate in scheduling the counseling sessions to enable the Father to attend the sessions when he is not working. 7. The parties shall attend the I.E.P. meeting with the teachers and school officials at Jesse's school for the purpose of obtaining information and recommendations concerning Jesse's academic and social development. The parties shall cooperate with the recommendations of the school with respect to improvement of the Child's school performance. 8. The parties and their counsel shall attend a second CUstody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, Esquire, on Thursday, February 1, 2001, at 9:30 a.m., for the purpose of reviewing the custody arrangements set forth in this Order and making any necessary adjustments. 9. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: y ~O t? \' ~~ Marcus A. McKnight, III, Esquire - Counsel for Mother Daniel McGuire, Esquire - Counsel for Father , '" "oj ~1O~m~"'- '''.'".~~_ "~9,,~,o'""'~~'~~N~~t".!i<}1~!,i:iil!;[m;:'J~.'1ir~-~ ~~, ' >- C") ~ 9.? c. ~. N :::l< (-) y<.~;?: 0- ;s: ':..JZ tt(~' ' <( , 0... ':~:::J C),;-:.. Gin ' '..,' ,- 63i:.":- I :~z o:.:z [~c ',:;..! ;;0. u,Jut C) (:0 a... ;-' Z os. ~- u_ c:> :::l 0 Cl Cl ^-~ _" ,~~ ..v .~" ~ ~ _~~M~, ~ ~'''~-=~ .~. ~'~'~ -~ ' - ..,. " 'iJl"' " "'1 "< . _. "~I ',-' ~ ~~ j" '-, ',,, - ^,""".2c..z'~'b'; KIMBERLY JO BENNER, : IN THE O:::URT OF CDMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. : NO. 00-6457 CIVIL TERM : DARVIN E. BENNER, . CIVIL ACTION - LAW . Defendant : IN CUSTODY CllS'l'ODY CCNCILIATlOO SUJIIMARY REFCRl' IN AcroRDANCE WITH CUMBERLAND COON'l'Y RULE 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 CllS'l'ODY OF Darvin E. Benner, Jr. Jesse Benner October 6, 1985 August 19, 1990 Mother Mother 2. A Conciliation Conference was held on November I, 2000, with the following individuals in attendance: The Mother, Kimberly Jo Benner, with her counsel, Marcus A. MCKnight, III, Esquire, and the Father, Darvin E. Benner, with his counsel, Daniel McGuire, Esquire. 3. The parties agreed to entry of an Order in the form as attached. lJC)iJ0/n hR/l ,? ...:20t'Jt1 , Date ~.-d~ Dawn S. Sunday, Esquire 0 Custody Conciliator ~ ' ' ",-, ~""* " , .. KIMBERLY JO BENNER, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : vs. . . NO. 00-6457 CIVIL TERM : DARVIN E. BENNER, Defendant . . CIVIL ACTION - LAW IN CUSTODY : OODER OF COURT AND Na'l, this consideration of the attached and directed as follows: 5' day of CUstody , 2001, upon it is ordered 1. The prior order of this Court dated November 6, 2000, shall continue in effect as modified by this Order. 2. The parties shall engage in a course of counseling with a professional selected by agreement of the parties. The purpose of the counseling shall be to resolve conflicts which have arisen between the parties in connection with the custody arrangements and to develop communication between the parties which will enable them to effectively and cooperatively coparent their Children. The parties shall select a counselor by mutual agreement by February 15, 2001 and shall contact the counselor by March 1, 2001 to schedule the first counseling session. The parties shall attend a minimum of 6 counseling sessions and thereafter shall follow the recommendations of the counselor with respect to the frequency and duration of counseling. 3. Paragraph 6 of the November 6, 2000 Order is vacated and replaCed with the following provision: The parties shall ensure that Dervin E. Benner, Jr., "OJ", continues in drug and alcohol counseling at the Helen Stevens Center or with another professional selected by agreement of the parties. The parties shall meet with the Child's counselor to obtain information and recommendations concerning the Child's treatment and care as well as information concerning the Child's progress in counseling. The parties shall follow the counselor's recommendations concerning the parties' participation in the Child's counseling and treatment. The Father shall attend all counseling sessions when he is not required to work, subject to the counselor's recommedations with respect to the parties' attendance during the Child's sessions. The Mother shall cooperate in scheduling the counseling sessions to enable the Father to attend when he is not working. 4. The parties and their counsel shall attend an additional CUstody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on Thursday, April 5, 2001 at 9:30 a.m., for the purpose of reviewing the custody arrangements set forth in this Order and making any necessary adjustments. .'~- "0 '~ ''-'#'; .. -- . 5. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. Edgar B. Hayley, J. cc: Daniel McGuire, Esquire - Counsel for Father f'. \ Marcus A. McKnight, III, Esquire - Counsel for Mo er ~ t~-0\OVD\ O?:~ . ~ ~ , "-' F\L.ED-'GfF\C::, OF ""[I.T, F~:OY:']i(j\;CYfARY 01 FEB -5 Pl'! L,: 2! CUMB::.i1U\;,U COUNTY PENNSYlVt~N\A ';;-.- "'. . ~," ~',~ _,'!/!Fl. , "".",~,," 1r~'m?r~;j,Wff1fi'~!~ ~.I_",--",:,,,,,,,,,,,-,,,~-,",y~,- -"""",, ~"- ~~ ......~ .. 'i ~~ ~~~, KIMBERLY JO BENNER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 00-6457 CIVIL TERM . . . DARVIN E. BENNER, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . PRIOR JUDGE: Edgar B. Bayley CUSTODY CCJ!l"CILIATlQiI SUMMARY REPar.r IN ACCXIIDANCE WITH CUMBERLAND CXXlNTY RULE 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 Darvin E. Benner, Jr. Jesse Benner October 6, 1985 August 19, 1990 Mother Mother 2. A Conciliation Conference was held on February I, 2001, with the following individuals in attendance: The Mother, Kimberly Jo Benner, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Darvin E. Benner, with his counsel, Daniel McGuire, Esquire. Dat~ 3. The parties agreed to entry of an Order in the form as attached. D:~~ CUstody COnciliator / , dOD/ , ,1;-0 ~~~ ,-on tii~~ . KIMBERLY JO BENNER, . . IN THE COURT OF COMMON PLEAS . . Plaintiff . . OF THE 9th JUDICIAL DISTRICT . . . . OF CUMBERLAND COUNTY . . v. . . PENNSYLVANIA . . . . . . DARVIN E. BENNER, . . No. 00-6457 . . Defendant . . CIVIL ACTION-CUSTODY . . ORDER AND NOW, this of, 2001, it is he1JJ.~RED AND . ....-" --~,--- DIRECTED that primary ICal custody ~t~~r child Daryi.n-~~;, Jr. is /"" --- hereby vested i efendantlFather ~tempor~~ncy basis. BY THE COURT: -.:------ --"' . . "" / / /" 1. ',10 I f=Ot~utNt&1" L~.o\ ,.X' // (C .. ~ ~ r!), r I I r I I i:-- ,jJJ(1l1IfIT. Iimi',~--=f" I~ ~ :: r:r',..n~FiC}= -, ;:,'I:'..;,3;-\p,'R"' 'I;..'" I ,,: ._~ " \} 11 1\, ",f." \./1 t.... . ,',; '). "., r \-} !.,- U.J CUi\M:)cHu,:iL1 COUNT-I' PENNS'(uj,ilNI,~ "" ',"" ~. ,_JIIJrJ~-!Jf~'WiiP;j>_"~'l';tiiW~"P;fP;1"1Ijffi'J1IjW~~".~,,_,~!ltP!W--l,t!'5l~~~~~ ~. , , === I ' ~ . ' , ,-l, ~" KIMBERLY JO BENNER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYL VANIA DARVIN E. BENNER, Defendant No. 00-6457 CIVIL ACTION-CUSTODY PETmON FOR EMERGENCY SPECIAL HELEIF NOW COMES, the Defendant, DARVIN E. BENNER, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure to petition this Honorable Court for special relief in the form of an emergency order vesting Defendant with primary physical custody of the Parties' Minor Child, Darvin E. Benner, Jr. In support of this petition, Defendant asserts as follows: I. PlaintiffIMother, KIMBERLY JO BENNER, is an adult individual residing at 124 Northeast Street, Carlisle, Cumberland County, Pennsylvania. 2. DefendantlFather, DARVIN E. BENNER, is an adult individual residing at 32 Box 216A, Newport, Perry County, Pennsylvania. 3. The Parties have two minor children, Darvin E. Benner, Jr., born October 6, 1985, and Jesse L. Benner, Born August 19, 1990 (hereinafter the minor children and/or Darvin and Jesse.) 4. Plaintiff/Mother has been vested with primary physical custody of the minor children since the Parties separated in March of 1992. 5. Over the past several months, DefendantlFather has been seeking primary physical custody ofthe minor children and in so doing, the Parties have participated in two (2) custody conciliation conferences before Attorney Dawn Sunday in Mechanicsburg, Cumberland County, Pennsylvania. Furthermore, the Parties are presently scheduled to appear before Attorney Sunday for a third conciliation conference on Tuesday May 8, 2001. 6. At the within-mentioned conferences, DefendantlFather voiced concerns regarding Darvin's mental and emotional state. To support the legitimacy of -m - ~~ his concerns, DefendantlFather produced song lyrics drafted by Darvin that contained disturbing language with suicidal and violent overtones. 7. On two separate occasions fifteen-year-old (15) Darvin attempted suicide. The most recent attempt was made in August of2000. 8. At the within-mentioned Custody Conference the Parties to this action agreed that Darvin has experimented with and might have inclinations toward the use of narcotics. Based on this concern, Attorney Sunday issued an order directing the Parties to provide drug and alcohol counseling for Darvin. 9. DefendantlFather has complied with the order referenced in Paragraph 8 of this petition by providing Darvin with counseling but DefendantlFather does not believe that this counseling has been effective. 10. On April 18, 2001, the anniversary of the Columbine tragedy and Adolf Hittler's Birthday, Darven allegedly threatened to bring a firearm to Carlisle High School and target the Afro-American members of the student body in a shooting spree. Darvin was subsequently suspended from school, taken into custody and charged with Terristic Threats and Ethnic Intimidation. 11. Prior to April 18, 2001, DefendantlFather believed that Plaintiff/Mother had complied with this Court's order directing that the Parties exercise shared legal custody by providing important information regarding events in the children's lives to one another. However, subsequent to the April 18, 2001 incident, DefendantlFather learned that Plaintiff/Mother had failed to disclose that Darvin had been suspended from school on three (3) previous occasions in the calendar year 2001. 12. In February of2001, Darvin was suspended for making racial slurs toward another student in that he called said student a "nigger lover". 13. In March of2001, Darvin was suspended for drawing a clansman (member of KKK) and burning cross on a school worksheet and then submitting said worksheet together with the drawing to an Afro-American member of the teaching staff. 14. In April of2001, Darvin was suspended for asserting to an Afro-American cafeteria worker or custodian-staff member that he should not speak with Darvin because Darvin considers himself to be a neo-nazi. 15. DefendantlFather believes and therefore asserts that Darvin will fail this school year. 16. DefendantlFather believes and therefore asserts that Darvin is in serious jeopardy off acing expulsion from Carlisle High. j+..;, - ,l_', ---"'~ - '"' 17. Darvin was released from Abraxas Juvenile Facility on May 3, 2001 and was placed on house arrest. Darvin is currently awaiting trial on the charges stemming from the April 18, 2001 incident. 18. Darvin is currently on house arrest at PlaintiffIMother's residence. DefendantlFather believes and therefore asserts that Darvin poses a threat to himself and/or his life and physical safety could be in jeopardy by members of PlaintiffIMother's community. 19. DefendantlFather is capable of providing supervision for Darvin twenty-four (24) hours a day, seven (7) days a week. DefendantlFather believes that said supervision is necessary to ensure that Darvin does not make any further attempts to commit suicide and/or use narcotics. 20. DefendantlFather resides in a rural setting several miles away from the Carlisle area. DefendantlFather believes that removal from the Carlisle area to his residence would serve Darvin's best interest because it would reduce the possible threat of retaliation by members ofDarvin's community. WHEREFORE, DefendantlFather, DARVIN E. BENNER, respectfully requests that this Honorable Court convey primary physical custody of the minor Darvin E. Benner, Jr. to DefendantlFather on a temporary emergency basis pending further order of this Court. Respectfully submitted: CJb;1, Attorney for Defendant Daniel McGuire, Esquire Supreme Court J.D. No. 81630 P.O. Box 264 New Bloomfield, P A 17068 (717) 582-8883 ;:"~~." -~ ,. . KIMBERLY JO BENNER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA DARVINE. BENNER, Defendant No. 00-6457 CIVIL ACTION-CUSTODY VERIFICATION I verify that the statements made in the above-referenced PETITION FOR SPECIAL RRT .IFF 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. DATE: ~/l./ /0 I ( ~_s.l. N0- e, & Ulc J:. ::SC, (SIGNATURE) Darvin E. Benner ........~~ ~ ~, . '"--~:,", KIMBERLY 10 BENNER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA DARVIN E. BENNER, Defendant No. 00-6457 CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct copy of the foregoing PETITION FOR EMERGENCY SPECIAL RELIEF was served upon MARCUS A. McKNIGHT, III. Esq., Attorney for the Defendant, KIMBERLY JO BENNER, in the above-captioned matter by mailing a copy of said PETffiON from the New Bloomfield Post Office via first class mail postage prepaid to the following addresses: Marcus A. McKnight, Esq. Irwin, McKnight and Hughes 60 West Pomfret Street Carlisle, PA 17013 DATE: t0M Lf, 2CJO/ . c:7~/2 Attorney for Defendant Daniel McGuire, Esquire Supreme Court J.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 ., '''''~lilM~~~ '~'-J''"'''''''''' "o'l!'iilON:i~~I!ii;M9,l!i!!r,'h&.:1i("'''' ..."~~~'lJi ' .".~<, .d.d:.....tk:J... ~, -, , . ~ ~_, I o c ~ -ofj1 m-rT"i 2::1::1 Zc;: ~2~ ~C] P(J ZO )>C Z :<- o C ~'1' i :..::::J !''j~~ .',,----n ~".,~1~ -.. J;': -< I r- ""D :J!:: -,-( ;<~~~ U --I -':;..- ~ -< r;:- '" (,.) ~ f\ 3' '" rf t "- ~ '- -. ~ ~ ~ a ,,~-, -~-,~ . . I", ,. ~_" ,'",~,,~,,' 'f'~ ,~ " .. .. ~, r .. ~w,. ~ ""' i lliW:_'" . KIMBERLY JO BENNER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND OJUNTY, PENNSYLVANIA . . . vs. . NO. 00-6457 CIVIL TERM . : DARVIN E. BENNER, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . aIDER OF CXXJRT AND Na9, this t"t day of ~ consideration of the attached CUstody Conciliation' Report, and directed as follows: , 2001, upon it is ordered 1. The prior Orders of this Court dated November 6, 2000 and February 5, 2001 shall continue in effect as modified by this Order. 2. The parties shall submit themselves and their minor Children to a supplemental custody evaluation to be performed by Arnold Shienvo1d, PhD. The purpose of the supplemental evaluation shall be to obtain updated recommendations with regard to interim and ongoing custody arrangements in light of l:ecent developments concerning Darvin E. Benner, Jr. in particular. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain information pertaining to the parties or the Children. The Mother shall be responsible to pay up to twenty (20%) percent of the total costs of the evaluation, unless directed otherwise by the Court. The Father shall be responsible to pay the costs of all sessions involving the Father or the Children or eighty (80%) percent of the total costs of the evaluation, whichever is greater. The parties shall follow all recommendations concerning interim custody arrangements issued by the evaluator pending completion of the custody evaluation. 3. Counsel for either party may contact the Conciliator within 60 days after l:eceipt of the evaluator's written recommendations to schedule an additional Custody COnciliation COnference, if necessary. 4. The Father agrees to refrain fran proceeding on his Petition for Emergency Special Relief pending initiation of the custody evaluation. --- & 5-17-0 I J. / cc: Marcus A. MCKnight, III, Esquire - Counsel for MO~ Daniel McGuire, Esquire - Counsel for Father ~ ,,"~ "' " ,-p-" , ~I ' '","", ." "' c'~ ' 0\ WI'! \ -! i\i ,': n3 CU, 'i""" "', ,'" \TV ,J\cit\"iU~',;\lLJ ,,)JUN I I PENNS'Y01i\NiA . .~ >' I' .,' .'"," ,. ...~"..-,,~{.~ , . " ,w.:,,::~,n lm!.Ml__. IIRl - '-'''''-'' . "' ,'. P L,..', - " ~ . . KIMBERLY JO BENNER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 00-6457 CIVIL TERM . . . DARVIN E. BENNER, . CIVIL ACTION - LAW . Defendant : IN CUSTODY PRICR.JUDGE: Edgar B. Bayley CUSTODY c:c:ren.IATIOO SUMMARY REPCRT IN ACCaIDANCE WITH CUMBERLl\ND CXXlN'l'Y ROLE 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 Darvin E. Benner, Jr. Jesse L. Benner October 6, 1985 August 19, 1990 Mother Mother 2. A COnciliation Conference was held on May 8, 2001, with the following individuals in attendance: The Mother, Kimberly Jo Benner, with her counsel, Marcus A. MCKnight, III, Esquire, and the Father, Darvin E. Benner, with his counsel, Daniel McGuire, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Da~ / I , deJa I . (fl-Y'-/U~ Dawn S. Sunday, Esqu" e CUstody Conciliator ...~"~ ~ " - I"~ .1 "'" --"i- o , J~ 2002 KIMBERLY JO BENNER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYL VANIA DARVIN E. BENNER, Defendant No. 00-6457 CIVIL ACTION-CUSTODY RULE TO SHOW CAUSE AND NOW, this ~day of ~---> 2002, a rule is hereby issued to show cause why counsel for the Defendant should not be granted leave to withdraw his ,~ appearance from this action. This rule is returnable in I ~ days frolTI the date of service. If no objection is raised within the allocated time period, Counsel for the Defendant shall be granted leave to withdraw his appearance from this action and this order shall be deemed self-executing. J. / VI~"i UNnr-.r.. \~'!'\:';->/l,.~ 1 ('-r-..~~. r~d' I Uv -, '1........\....,.,.1'\1...,.. ) jl, II-'t,''-'' (", (: r. 1': r:~-:-~r:~1f\~00 '..d 11 i'..)',j ',-, , '.v L'_ ."_'~ I I Z I :rOl!,n n. "VI-O .... --," ''I ,,", ~; .: f , ( I :111 ',,' :. - .>1, (,. . ", "., _J Al:N.10"'0 - ';;, ,.,c.. ',"'. ",' :10 3vb.J;.l:JvlJi,')~;J'"..',< ,,'tL . 3:/L:::,iD-{]jlk:l ,!3 FiLED--(X~;:K:E OF (":\'OTARY 0:) IUI - C) Ai'! 10: I 2 ........ l- J CU'I'" .' '.', ""-U'N'" I lv,tJtr'iLf'J'10 ,....,,) '\ I I PENNSYUIAN!!\ . '1", ., ~, _ _~"^ ~". ~'''''''l''~-~ ~ "~',""~ . -- ., ,c. ., ,< ~ <_'_' - ~~ ._" <~. ~-"'<MI<~~~-'-"_ '-"-~.'-'~" -.--~<-- . ,-"" ...~,"'~c .-"CO """,0'". .~ GJ"I }~ ~ ,~ ~ :1 r J '~ c} ^l <:J \; '" ~ .,_.rw:~~-~~~l\~"'M>>'ffll-~"'!%'ffl~~~lfi1~~~~ '",' ~ " ,I " " ,._l_o '" illll"_1 KIMBERLY JO BENNER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYL VANIA DARVIN E. BENNER, Defendant No. 00-6457 CIVIL ACTION-CUSTODY PETITION TO WITHDRAW AND NOW, comes Counsel for the Defendant, Daniel McGuire, Esquire, (hereinafter the Petitioner) to petition this Honorable Court for leave to withdraw from the above-captioned action. In support of this petition it is hereby asserted: 1. Petitioner has left private practice and, due to new work related responsibilities, Petitioner is unable to continue representing the Defendant. 2. To the best of Petitioner's knowledge, information and belief, there are currently no other motions or petitions filed in this action that are currently pending before the Court. 3. On April 14, 2002, Petitioner and Defendant discussed Petitioner's need to withdraw his appearance from this action. At said meeting, Defendant raised no objection to Petitioner withdrawing from this action and agreed to execute a Praecipe to Withdraw. See Exhibit "A" 4. Subsequently, Petitioner attempted to filed the Praecipe to Withdraw with the Cumberland County Prothonotary but it was not accepted because there was no attorney simultaneously entering an appearance in place of Petitioner. 5. Circumstances require Petitioner to withdraw his appearance, the Defendant has cooperated in assisting petitioner to withdraw from this case and the Defendant will suffer no prejudice if this Court were to grant the relief requested by Petitioner. ~"." -- , ~ ~ . .'", ""'),,. '",'-''' ."--' "'", ,'" ,-,,;;,,-;,,,,,-~ WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a Rule to Show Cause why the relief sought by Petitioner should not be granted. Daniel McGuire, Esquire Supreme Court J.D. No. 81630 P.O. Box 264 New Bloomfield, P A 17068 (717) 582-8883 ..&';;'~--'.~,,-... ~,. -~ .- , , ~"" , ~ '\1< ~';, KIMBERLY JO BENNER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA DARVIN E. BENNER, Defendant No. 00-6457 CIVIL ACTION-CUSTODY PRAECIPE TO WITHDRAW AND NOW, Counsel for the Defendant, Daniel McGuire, Esquire, by agreement of Counsel and Defendant hereby withdraws his appearance from the above-captioned action. . DATE: 1/1..//0;;" ~o.~"- ,(. - &1.\ U ~,J<' ~ SIGNATURE Darvin E. Benner DATE: MIM1 '), 2 ClV'L ~d/2 SIGNAT Daniel McGuire, Esq. . Ex 1i1:~I:., "A'1 J;rsmT:17,f?7':"'-C-," '~'- - '" > .". < '~'.', ,-. "..-, " KIMBERLY JO BENNER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF 1HE 9th JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA DARVIN E. BENNER, Defendant No. 00-6457 CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct copy of the foregoing PETITION TO WITHDRAW was served upon MARCUS A. McKNIGHT, ill. Esq., Attorney for the Defendant, KIMBERLY JO BENNER, and upon the Defendant, DARVIN E. BENNER, in the above-captioned action by mailing a copies of said PETITION from the Harrisburg, Pennsylvania Post Office via first class mail postage prepaid to the following addresses: Marcus A. McKnight, Esq. Irwin, McKnight and Hughes 60 West Pomfret Street Carlisle, P A 17013 Mr. Darvin E. Benner RD #2 Box 216 Newport, PA 17074 DATE: 3\.M..)~ 2r:;. 2001- , ~/t Attorney for Defendant! Petitioner Daniel McGuire, Esquire Supreme Court J.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 ~1I~~llIJ!!ifi!j~!ti!i~~~~~~1W;-"~~V.~ld~ifr.&.-!..~;:-<M:,ill.r,"-~' ., J. --~ ., "~ ..1.~1l ~.~~ ~- 't1lt~ ~- g 5': -Dell n1[1\ Z. :J,:~ :2-(_, (I'J:..'::', %~. r-':;.'C) ~C~ Z(---) 'PS ~ CJ N '-- c::. -" ;"'- N CJ" k' . , () "-l'l -0 -:J' ~.) .. :D -";~~ -~'-( -:00 -':,,'; -~. I .~~~ -~ ~ ~ - .s;- ,,"-,>,. , ( .' NATHAN C. WOLF, ESQUIRE ATTORNEY ill NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARliSLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT '-" ',""" ~':~11,:,){-'. DEe 3 0 20M~ D, KIMBERLY JO BENNER, Plaintiff v. DARVIN E. BENNER, Defendant , IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-6457 CIVIL TERM : IN CUSTODY ORDER OF COURT NOW, this -:l? da"';, of I:~'4/...:- 2004, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. /~.- B'l.riiECOUR (J. R~~~.L ~N~W6lC ~h~ ~.l0~U I J.. ~ 16 -1)cf ( 1. /~(j -(J<f ;::' I ' ii , -, " .~,,~ q' "'^ ~" , ,~, ~, ~ ~, Fltro-oFFICE OF THE PFiOrrlONOT,~y 2001, DEe 30 PH 4: Ii ,"I I,,),,::,!! " "-"")1 "\17"\, VUn/,,,":,,,., '.__ '< J..", l~''''''\....llij 1 FfNNSYLt'i.'\NiA ~~,~. 0 < ~~~ ~'~....,.~I, ~\l1 ~lm!li~""'='f~ "~"" '''0,''',' ~ "'~-,,, . "j - '~:1i .... , NATHAN C. WOLF, llSQillRE ATTORNEY ill NO. 87380 37 SOUTH HANOVER STREET, SillTE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT KIMBERLY JO BENNER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW DARVIN E. BENNER, Defendant : NO. 2000-6457 CIVIL TERM : IN CUSTODY STIPULATION AND AGllRRMENT THIS STIPULATION AND AGREEMENT entered into this ?Of~dayof tw,;,6y- 2004, by and between DARVIN E. BENNER (hereinafter referred to as "Father") and KIMBERLY JO BENNER (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the parents of one minor child, namely, ]ESSE LEE BENNER (age 14 years, born August 19, 1990); and, WHEREAS, the parties wish to enter into an amended custody agreement relative to the custody of the parties' child; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. 'The parties shall retain shared legal custody of the child. 2. 'The Father shall have primary physical custody of the child, effective immediately. 3. 'The Mother shall enjoy periods of partial physical custody of the child on alternating weekends from 5:00 o'clock p.rn. on Friday until 5:00 o'clock p.rn. on Sunday and otherwise, from time to time as the parties mayagree. 4. Notwithstanding the change in primary custody herein, the child shall continue to attend school in the Gu-lisle School District until the beginning of the Holiday Vacation in December, 2004, thereafter the child shall attend West Perry School District. Both Mother and ,'.- ". _"I.~. . ~> . . Father shall cooperate with the execution of any documents required to effectuate this change in enrollment. 5. The parties share custody of the child on holidays as follows: a. In 2004 and even years thereafter, Mother shall have custody of the child on Thanksgiving Dayfrom 8:30 o'clock a.rn. until 8:30 o'clock p.rn., and Father shall have custody of the child for the same time period on odd numbered years. b. In 2004 and even years thereafter, Mother shall have custody of the child from 12:30 o'clock p.rn. on Orristmas Day, until 12:30 o'clock p.rn. on December 28. In 2004 and even years thereafter, Father shall have custody of the child from 12:30 o'clock p.rn. on Orristmas Eve, until 12:30 o'clock p.rn. on Orristmas Day. The parties shall alternate their Orristmas holiday blocks each year. c. In 2005, and odd years thereafter, Father shall have custody of the child from 8:30 o'clock a.rn. until 8:30 o'clock p.rn. on Easter Sunday. Mother shall have custody of the child for the same time period on even numbered years. The panywho does not have custody of the child on Easter Sunday, shall have the custody of the child from 8:30 o'clock a.rn. until 5:00 o'clock p.rn. on Good Friday. d. In odd-numbered years beginning with New Year's Eve 2004-2005, Father shall have custody of the child on New Year's eve and New Year's Day beginning at 5:00 o'clock p.rn. on New Year's Eve, until 5:00 o'clock p.rn. on New Year's Day, and Independence Day from 5:00 o'clock p.rn. on July 3 until 8:00 o'clock p.rn. on July 4, and Mother shall have custody of the child on Memorial Day and Labor Day from 5:00 o'clock p.rn. the evening before the holiday until 8:00 o'clock p.rn. on the holiday. e. In even-numbered years beginning with New Year's Eve 2005-2006, Mother shall have custody of the child on for New Year's Eve and New Year's Day beginning at 5:00 o'clock p.rn. on New Year's Eve, until 5:00 o'clock p.rn. on New Year's Day, and Independence Day from 5:00 o'clock p.rn. on July 3 until 8:00 o'clock p.rn. on July 4, and Father shall have custody of the child on Memorial Day and Labor Day from 5:00 o'clock p.rn. the evening before the holiday until 8:00 o'clock p.rn. on the holiday. . "~ ~ _e ,-- ...:....k-'_)" " ' ";"':1"" . f. Each party shall be entitled to a total of three non-consecutive weeks of uninterrupted vacation with the child during the summer vacation period. The parties may elect to have two weeks of said vacation run consecutive to each other. The party seeking to exercise said weeks of vacation shall notify the other party in writing no less than sixty (60) days prior to the date the weeks would commence. 6. The custodial parent shall ensure that the non-custodial parent has reasonable access to the child by telephone, either by establishing home phone service by December 27, 2004, or by establishing cellular phone service for the child by December 27,2004, and providing the other party with the telephone number. 7. Transportation of the child shall be shared such that the receiving party (the party picking the child up) shall be responsible for transporting the child. 8. Until the child reaches the age of eighteen (18), the parties agree that the child shall have no more piercing or tattoos done without the consent of the both parents. 9. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessaty steps to insure that the health, welfare and well being of the child are protected. 10. The parties shall do nothing that may estrange the child from either party or hinder the natural development of the child's love or affection for the other party. 11. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing. 12. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other UI1fair dealing on the part of the other. 13. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terins of the agreement of the parties. ,,' = ";"" ,~" - . .' 14. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Gunberland County, and further ac!mowledge that the Court of Common Pleas of Gunberland County has jurisdiction over the issue of custody of the parties' minor child. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: ~~t?,-,/I / ~Jf~ KIMB Y JO BENNER (SEAL) ~ C.-~<OH'M. cr. J!3ga,etK<!.. K ~EAL) DARVIN E. BENNER, SR. COMMONWEALTH OF PENNSYLVANIA: 1 ,SS, COUNTY OF L,,\o..~""'\"''''[ . . On this, the 3'0 A.. day of {)r(,.J. r- , 2004, before, the undersigned officer, appeared KIMBERLY JO BENNER !mown to me ( or satisfactorily proven ) to be the same person whose name is subscribed to the within instrument, and ac!mowledged that he executed this agreement for the purposes therein contained. . IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~Jt ~ (SEAL)' ary Pub ---.-' ~1;.'liS~"l4 UndaJ. J....per, NoIalyPli:lIic CeJtIsIe Bolo, CunIleItaRl County MyCorrl1isSi(W1 ExpiresJlily 23. 2006 Member,I'eAnsyIvljnIa ~OlNolariils COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND On this, the 2/ dayof fl~rr2004, before, the undersigned officer, appeared DARVIN E. BENNER, SR, !mown to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and ac!mowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA N01ariaI Seal Nathan C. Wolf, NotaIy Public CatrISle Bore, Cumberland County My Commission ExpiIes Apr, 19,2008 Member, Pennsylvania Association Of Notarfes (SEAL) ,~.;,;"'-"" '"' ."~_ I 'Z-~f eN '"l'r-~' 'i~_~~M1~~~;'''"~ ~, ,', ",.=, ~, ~ ,.-.. " ~ ~ ", .. ~ y^" ._J "" ~, ,:",. 0 ....., C = ~ = ;';~g~' 0r- a -i r'l :r:,., ~5;! (J m'F W :Bt;3 r' CJ 00 <' ~--;:r' -0 ~-ri -7\. " ::Ii: '7~ () ;~ Pc: ~ 01'11 Z ~ ::;!. Ul 5:) N .< ~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT KIMBERLY JO BENNER, Plaintiff Vo DARVIN E. BENNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 2000-6457 CML TERM IN CUSTODY ORDER OF COURT ow, day of ,2004, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the patties, k is hereby ordered and decreed that the attached agreement is made an Order of Court. BYzTHE COURt, ~/ (J. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 ATTORNEY FOR DEFENDANT KIMBERLY JO BENNER, Plaintiff Vo DARVIN E. BENNER, Defendant : IN THE COURT C'F COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CML ACTION - LaW : : NO. 2000-6457 CIVIL TERM : IN CUSTODY STIPVLaTION AND THIS STIPULATION AND AGREEMENT entered into this ~O ~L day of 2004, by and between DARVIN E. BENNER (hereinafter re£erred to as "Father") and KIMBERLY JO BENNER (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the parents of one minor child, namely, JESSE LEE BENNER (age 14 years, bom August 19, 1990); and, WHEREAS, the parties wish to emer into an amended custody agreement relative to the custody of the parties' child; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall retain shared legal custody of the child. 2. The Father shall have primary physical custody of the .child, effective immediately. 3. The Mother shall enjoy periods of partial physical custody of the child on altemating weekends from 5:00 o'clock p.rm on Friday until 5:00 o'clock p.rm on Sunday and otherwise, from time to time as the parties may agree. 4. Notwithstanding the change in pdnm'7 custody herein, the child shall continue to attend school in the Carlisle School District until the beginning of the Holiday Vacation in December, 2004, thereafter the child shall attend West Perry School District. Both Mother and Father shall cooperate with the execution of any documents required to effectuate th/s change in enrollment. 5. The parties share custodyof the child on holidays ~ follows: a. In 2004 and even years thereafter, Mother shall[ have custody of the child on Thanksgiving Day from 8:30 o'clock a.m. until 8:30 o'clock p.m., and Father shall have custody of the child for the same time period on odd numbered years. b. In 2004 and even years thereafter, Mother shall have custody of the child from 12:30 o'clock p.m. on Christmas Day; until 12:30 o'clock p.m. on December 28. In 2004 and even years thereafter, Father shall have custodyof the child from 12:30 o'clock p.m. on Chris~ Eve, until 12:30 o'clock p.m. on Christmas Day. The parties shall alternate their Christmas holiday blocks each year. c. In 2005, and odd years thereafter, Father shall have custody of the child from 8:30 o'clock a.m. until 8:30 o'clock p.m. on Easter Sunday..Mother shall have custody of the child for the same time period on even numbered years. The party who does not have custody of the child on Easter Sunday; shall have the custody of the child from 8:30 o'clock a.m. until 5:00 o'clock p.m. on Good Friday. d. In odd-numbered years beginning with New Year's Eve 2004-2005, Father shall have custody of the child on New Year's eve and New Year's Day beginning at 5:00 o'clock p.m. on New Year's Eve, until 5:00 o'clock p.m. on New Ye~w's Day, and Independence Day from 5:00 o'clock p.m. on July3 until 8:00 o'clock p.m. on JUly 4, and Mother shall have custody of the child on Memorial Day and Labor Day from 5:00 o'clock p.m. the evening before the holiday until 8:00 o'clock p.m. on the holiday. e. In even-numbered years beginning with New Year's Eve 2005-2006, Mother shall have custody of the child on for New Year's Eve and New Year's Day beginning at 5:00 o'clock p.m. on New Year's Eve, until 5:00 o'clock p.m. on New Year's Day, and Independence Day from 5:00 o'clock p.m. on July 3 until 8:00 o'clock p.m. on July 4, and Father shall have custody of the child on Memorial Day and Labor Day from 5:00 o'clock p.m. the evening before the holiday until 8:00 o'clock p.m. on the holiday. f. Each party shall be entided to a total of three non-comecutive weeks of uninterrupted vacation with the child during the summer 'vacation period. The parties may elect to have two weeks of said vacation nm consecutive to each other. The party seeking to exercise said weeks of vacation shall notifythe other party in writing no less than sixty (60) days prior to the date the weeks would commence. 6. The custodial parem shall ensure that the non-custodial parem has reasonable access to the child by telephone, either by establishing home phone servk:e by December 27, 2004, or by establishing cellular phone service for the child byDecember 27, 2704, and providing the other party with the telephone number. 7. Transportation of the child shall be shared such that the receiving party (the party picking the child up) shall be respomible for transporting the child. 8. Until the child reaches the age of eighteen (18), the parties agree that the child shall have no more piercing or tattoos done without the consent of the both parents. 9. The parties shall keep each other advised immediately rehtive to any emergencies concerning the child and shall further take any necessary steps to imure that the health, welfare and well being of the child are protected. 10. The parties shall do nothing that may estrange the child from either party or hinder the natural development of the child's love or affection for the other party. 11. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing. 12. The parties agree that in mal~g this agreemem there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 13. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. 14. The parties desire that this agreement be made art order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound bythe terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: On this, the To ~' day of ,/~re~,~,- , 2004, before, the undersigned officer, appeared KIMBERLY JO BENNER known to me (or satisfactorily proven) to be the same person whose name is subscn~oed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. lcqdtary Publ~ COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBE~ : On this, the ~-/ day of a~r.~,,~ 2004, before, the undersigned officer, appeared DARVIN E. BENNER, SR., known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within imtrument, and acknowledged that ,,;he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. _COMMONWEALTH OF PENNSYLVANIA Nalhan C. W~, Notary pubic Member, Pennsylvania Association Of Notaries (SEAL)