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Home My WebLink About08-3474KEVIN BRETZ Plaintiff, V. MARY BRETZ, SANDRA BENNER, and JOHN BENNER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08- .?/"/ CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Kevin Bretz, by and through his attorney, Mark F. Bayley, Esquire, and presents the following complaint for custody, representing as follows: 1. The Plaintiff, Kevin Bretz, is an adult individual residing at 12 Glenn View Circle, Dillsburg, PA, 17019. 2. The Defendant, Mary Bretz, is an adult individual residing at 816 Highland Court, Mechanicsburg, PA, 17055. 3. The Defendant, Sandra Benner, is an adult individual residing at 816 Highland Court, Mechanicsburg, PA, 17055. 4. The Defendant, John Benner, is an adult individual residing at 61 Southpoint, Mechanicsburg, PA 17055. 5. Plaintiff seeks custody of the following children: Name Present Residence Age D/OB Cameron Bretz 816 Highland Court, Mechanicsburg 16 4/9/92 Gabrielle Bretz 816 Highland Court, Mechanicsburg 12 12/26/97 6. The children were not born out of wedlock. 7. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with Angie Sundell (Father's fiance), Mellissa Sundell (step-sister), Olivia Sundell (step-sister) and Cole Bretz (half-brother). He is not married. 8. The relationship of the Defendant, Mary Bretz, to the children is that of natural mother. Mary Bretz currently resides with the children, Sandra Benner (maternal grandmother) and Isiah Bretz (half-brother). She is not married. 9. The relationship of the Defendant, Sandra Benner, to the children is that of maternal grandmother. Sandra Benner currently resides with the children, Mary Bretz (mother) and Isiah Bretz (half-brother). She is not married. 10. The relationship of the Defendant, John Benner, to the children is that of maternal grandfather. It is unknown to Plaintiff whether or not anyone resides with John Benner. He is not married. 11. Over the past five years the children have resided with the following: Name Address Date Sandra Benner 816 Highland Court 6/2007-Present Mary Bretz Mechanicsburg, PA Sandra Benner 103 Wyncote Court 6/2004-6/2007 Mechanicsburg, PA Mary Bretz At various addresses prior to 6/2004 12. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children is this or any other Court. 13. Sandra Benner previously filed a custody complaint as Plaintiff with Mary Bretz listed as Defendant under Cumberland County docket number 2004-5097. This action has since produced two Orders of Court attached hereto as "Exhibit A" and Exhibit B." 14. Other than as provided by the attached orders, Plaintiff does not know of a person nor a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interests and permanent welfare of the children require Plaintiff to have specified periods of physical custody which may be agreed upon at conciliation or otherwise be determined by the Court to be in the best interests of the children. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference. Date: o?- submitted, Respectfully BAYLEY & MANGAN i Mark F. Bayley, Es ire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff KEVIN BRETZ : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MARY BRETZ, SANDRA BENNER, : NO. 08- CIVIL TERM and JOHN BENNER Defendants : IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. 00 evin Bretz, Wt i ff SANDRA IOENNER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plawtifff vs. CIVIL ACTION - CUSTODY MARY BR$TZ Defeadmt NO. V4 - 5697 S ATION FOR. AN AGREED ORDER OF CUSTODY AND NOW, SANDRA BENNER (hereinafter called "Maternal Grandmother") and MARY BIPETZ (hereinaIter called "Mother") of the minor children, CAMERON BRETZ, GABRIELJJE BRETZ, AND ISAIAH BRETZ, by and through Gail Guida Souders, Esquire, stipulate and agree as follows: 1. LEGAL CUSTODY Maternall Grandmother, John Benner (Maternal Grandfather), and Mother shall share legal custody of the subject minor children, legal custody being defined as the legal right to make major decisions affecting thf upbringing of f the child, including but not limited to medical, religious, and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a * monious polipy calculated to promote the child's best interest. Each patty has a right w be kept informed of the child's educational and medical development, and shall have alright of access to the child's educational and medical records. Each party shall be entitled to complete: and full information concerning the child from each other and from any doctor, dentist, teacher or similar authority, and to have copies of any reports, notices or other communications given to either party.as a parent. II. PHYSICAL CUSTODY A. Matornal Grandmo er shall have primary physical custody of the child. B. Molder shall have Iiberal visitation as the parties agree. Exhibit A WHEREFORE, the parties respectfully request that this Stipulation be entered as an Order of Court. 1 ? 'SANDP?k BENNER DATE:. O 1 )91?atz,?t- A,?? --- MARY B DATE: zo 4. DATE: BY THE COURT: TRUE Copy FROM R C RD In Testim6rn, whereoi i here uruo sit my hand and e I f : ' Co -rt a $s? Pa. Exhibit A Th. . Page 1 of 1 fEB 012008 0% SANDRA 804NM plni MARY BRETZ Ddend it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "44.W7 CIVIL ACTION LAW IN CUSTODY Qltm+t3! Com ?w AND NOW, ? day of 2 , upon t?t#tlSWemtiou of the a he?1. Custody Coodlitltaoa ? It #!! C IS ftr I 1. The Psterlattl Ormulf ttba, Joha Scam. dull have primary Pkfsic9 axtodY of COMM &tstr, butt.Apdl9, IM. 2. In Ill otbgr mpwW the prior Order oftbas Gantt dated Oct6ber I l., 2004, 11 tx WWw in erect. BY Tm r- tr B.1 4C it t .Soudem ESquirc-Cbuw for Matcr 1ml Gm dWw WAM BMW. b&genud Sadler ,4Aaty Bretz;, to Its f "t, t v4svin B=tz6 Father '` 1 n ? lQ'1 V` http://records.ccpa.net/weblink public/ImageDisplay.aspx?cache=yes&sessionkey=WLhua... 6/5/2008 Page 1 of 1 SANDRA BEI+ NER. Puff vs. MARY BRETZ Iefendaest Prior Judgaa BdW B. Bayley IN THE COURT OF COKMON PLEAS OF CUMBERLAND ODUNTY, PENNSYLVANIA 2004-W CIVIL ACTION :LAW IN CUSTODY IN ACCORDANCE VW rfH CUNMERL AND COMM BULB OR Cl . PURE 191534, the unders4med Custody Conciliator suhnits the Mowing report. I. The pertinent Riau wag the MW who is the suNcal of this lidoon is as folluwrs: m DATE OF RIII 1"B CttttREN t Y IN CtWW2X OF Cmmm Bretz April 9,1992 Paternal Grandf dwr 2. A custody con l m ion mac. was ledd on. January 30, S, with the Mowing ietd +IURIS in attmdt nw- the I+?,Fsat?nsal fia try, John Berms, with his gel; Coil Cmuitla Souders, Esquire. N ttw the M and Grandmodw r, Sandra Sewer, nor tlia. Motim, Awry Bret, ammde d dw conknmr, dldat<gh both partces provided teed wits consenting to the M,atiatreal GvAdWw nub" P&my physical custody of the Child to a mblet the Child to finish high school in Adecl?g The Falter, Devise BroM w served with ce of the Peddon and condbation tonflmrcnomi but did not anand or craned dre conciliator. 3. The conciliator tecrae meads an order its the turns as aftached confiming the: iW% c dial 4kntim in which t Child modes with the Ptictual GrrandUm While it apps dm is no dLVm an=$ the Smndpamrrta, wlrao no lei tesidt t;oSether, or the pmob of Ile € hild, dw graneffctttim's Ptddm swJbg a Court Ostler was t itatW by the mqum of the Muhanicsbt School Dist ict. 4. The C ili r co ds an Order in the form as aftaelmd. Date Dam S. Sunday, &guire cwwy Conciliator httn://records.ccna.netlweblink public/ImageDisplay.aspx?cache=yes&sessionkey=WLIma... 6/5/2008 ;rj QD G C N Ca C= r.717 t I Q'? g- ?{ a KEVIN BRETZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3474 CIVIL ACTION LAW MARY BRETZ, SANDRA BENNER, AND IN CUSTODY JOHN BENNER DEFENDANT ORDER OF COURT AND NOW, Tuesday, June 10, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, July 17, 2008 at 11:30 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . 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 infonnation 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 OW- -7 VINVA`U.SN%i fad i 'I `z wa 1 i Nnr aw I:dll ,'?iv?i d 3H1 (7 ij 4i`I? AUG 0 8 2008 KEVIN BRETZ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3474 CIVIL ACTION LAW VS. MARY BRETZ, SANDRA BENNER and JOHN BENNER Defendant : IN CUSTODY ORDER AND NOW, this 1sT day of AUGUST, 2008 , the conciliator, being advised by Plaintiff's counsel that Plaintiff intends to withdraw his Complaint for Custody, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for today, August 1, 2008, is cancelled. FOR THE COURT, 06XI Dawn S. Sunday, Esquire Custody Conciliator t7 +v O r-r`a r r- { . lam. 3 ti C t7 CC) -vr