HomeMy WebLinkAbout02-4615 NMIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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Plaintiff
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VS. IN DIVORCE C o p
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NOTICE TO RESUME PRIOR SURNAME
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Notice is hereby given that the Plaintiff/Defendant in the above matter, having
been granted a Final Decree in Divorce on the )n 4-". day of D(-
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hereby elects to resume the prior surname of ?1 F -4 1,F ? C -1 el (- L_ 5
and gives this written notice pursuant to the provisions of 54 P.S. 704.
DATE: 1 ) a) l ) )
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Signature
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Signature of name being resumed
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On the 0` t day of? 20before me, a
Notary Public, personally appeared the above affiant known to me to be the person whose name
is subscribed to the within document and acknowledged that he/she executed the foregoing for the
purpose therein contained.
In Witness Whereof, I have hereunto set my hand and official seal.
Notary Pu lic
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER CLARK
Plaintiff
VS.
RYAN W. BENDER,
Defendant
VS.
DARREL W. BENDER AND
HEATHER L. DORION,
Additional Defendants
NO. 02-4615
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR MODIFICATION OF
CUSTODY ORDER DATED NOVEMBER 24, 2002
Submitted by:
Diane G. Radcliff, Esquire, Attorney for Defendant and Additional Defendants
Prior Assigned Custody Conciliator: Melissa P. Greevy, Esquire
Prior Assigned Judge: The Honorable Edgar B. Bayley
Plaintiff:
Heather Clark
c/o Donald Clark
1855 Quehanna Highway
Karthaus, PA 16845
Cell Phone: 717-649-2468
Prior Attorney for Plaintiff:
Stephanie E. DiVittore, Esquire
P.O. Box 1146
Harrisburg, PA 17106-1146
Attorney For Defendant
and Additional Defendants:
Diane G. Radcliff, Esquire
3448 Trindle Road, Camp Hill, PA 17011
Phone: (717) 737-0100
Facsimile: (717) 975-0697
Email: dianeradcliff@comcast.net
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- 1 -
Diane G. Radcliff, Esquire
Supreme Court ID Number 32112
3348 Trindle Road, Camp Hill, PA 17011
Phone: 717.737.0100 a Fax: 717.975.0697 • Email: dianeradcliff(aD-comcast.net
Attorney for Defendant and Additional Defendants
Prior Assigned Custody Conciliator: Melissa P. Greevy, Esquire
Prior Assigned Judge: The Honorable Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER CLARK NO. 02-4615
Plaintiff
VS.
CIVIL ACTION - LAW
RYAN W. BENDER,
Defendant IN CUSTODY
VS.
DARREL W. BENDER AND
HEATHER L. DORION,
Additional Defendants
PETITION FOR MODIFICATION OF
CUSTODY ORDER DATED NOVEMBER 24, 2002
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW, June 4, 2012, Petitioners, Ryan W. Bender, Darrel W. Bender and Heather
Dorion, hereby petitions this Honorable Court for the Modification of the Custody Order
dated November 24, 2002 and respectfully represents that:
The Plaintiff is Heather N. Clark, an adult individual whose last known address is
c/o Donald Clark, 1855 Quehanna Highway, Karthaus, PA 16845. Plaintiff is
hereafter referred to as "Mother".
-2-
2. The Defendant is Ryan W. Bender, residing at 1054 Tunberry Court,
Mechanicsburg, Cumberland County, PA 17050. Defendant is hereafter referred
to as "Father".
3. The Additional Defendants are Darrel W. Bender and Heather L. Dorion, husband
and wife and residing at 1652 Lowell Lane, New Cumberland, Cumberland County,
PA 17070. Additional Defendants are hereafter referred to as "Grandparents
4. Additional Defendant, Darrel W. Bender, is the father of Defendant, Ryan W.
Bender.
5. Mother and Father are the parents and grandparents are the paternal grandparents
of the following child, hereinafter referred to as the "Child":
NAME PLACE OF RESIDENCE AGE D.O.B.
Abegale P. Bender 1652 Lowell Lane, 14 2/17/1998
New Cumberland, PA 17070
and
1054 Tunberry Court,
Mechanicsburg, PA 17050
6. On November 24, 2002 an Order of Court was entered pertaining to custody of the
Child. The November 24, 2002 Order is hereinafter referred to as the "11/24/02
Order". A true and correct copy of the 11/24/02 Order is attached hereto, marked
Exhibit "A" and made a part hereof.
7. In accordance with the terms of the 11/24/02 Order the parties share legal and
physical custody of the Child.
8. Father and Grandparents are is seeking the modification of the 11/24/02 Order and
allege that this Court should grant their requested modification because:
a. The parties have not followed the 11/24/02 Order for a substantial period of
time.
b. The Child has not lived with Mother since May, 2011.
C. At the request of the Child and by agreement of the parents, the Child has
lived with Father and Grandparents since the summer of 2011. Pursuant to
that agreement, the Child lives with:
-3-
(1) Father during the summer and on weekends during the school year;
(2) Grandparents on weekdays during the school year.
It is intended that the this schedule will continue until the child graduates
from high school.
d. Mother left her residence in Karthaus, PA in January 2012 and moved to
Texas to be with a boyfriend, without providing Father or grandparents with
her new address. She recently advised the Child that she intends on
returning to Pennsylvania in early June 2012, but has not yet advised Father
or Grandparents of the date she will arrive or where she will be living.
e. Mother lacks stability.
Father and Grandparents are better suited and able to provide for the best
interest of the Child under the factors listed in 23 Pa.C.S.A. 5328
9. Father and Grandparents request that the 11/24/02 Order be modified to provide
as follows:
A. Father and Grandparents should be granted joint legal custody of the Child:
B. Father and Grandparents should be granted primary shared physical custody
of the Child
C. Mother should be granted partial physical custody of the Children in
accordance with a schedule to be established by the Court.
WHEREFORE, the Petitioners, Father and Grandparents respectfully request this
Honorable Court to modify the 11/24/02 Order in accordance with the requests of the
Petitioners, Father and Grandparents.
r
Dated: June 4. 2012 eZID#32112
, ESQUIRE
3448 T rindle Road, Camp Hill, PA 17011
Attorney for Plaintiffs
-4-
VERIFICATION
I verify that the statements made in the foregoing document 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.
DATE: _IC3 -act
2
BENDER
RY
VERIFICATION
I verify that the statements made in the foregoing document 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.
DATE: Z
DATE: (. L h 7/
3 a-AJ4 U)'Z-
DARREL W. BENDER
HEATHER L. DORION
CERTIFICATE OF SERVICE
I, Diane G. Radcliff, Esquire, hereby certify that I am this day serving a copy of the
foregoing pleading upon the following person by mailing same by first class mail, postage
prepaid, addressed as follows:
Heather Clark
c/o Donald Clark
1855 Quehanna Highway
Karthaus, PA 16845
(Plaintiff)
Stephanie E. DiVittore, Esquire
P.O. Box 1146
Harrisburg, PA 17106-1146
(Prior Attorney for Plaintiff)
Dated: June 4. 2012
DCLIFF, ESQUIRE
Court ID #32112
3448 Trindle Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Attorney for Petitioners
-7-
EXHIBIT "A"
ORDER OF COURT DATED NOVEMBER 27, 2002
NOV 2 5 7002 -
HEATHER BENDER,
Plaintiff
V.
RYAN BENDER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4615 CIVIL TERM
CIVIL. ACTION - LAW
• IN CUSTODY
ORDER-OF COURT
AND NOW, this day of , 2002, upon
of the attached Custody Conciliation Summ
follows: ary Report, i is hereby ordered and directed'as
1. Legal Custody. The parties, Heather Bender and Ryan Bender, shall have
shared legal custody of the minor child, Abigail Perlin Bender, bom February 17, 1998.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make
all major noih-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. §I309, 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 palrents 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. Physical 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 moming 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. TranapQdation. 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 after
work.
B. Mother will provide transportation on Monday and Tuesday
evenings at the beginning of Father's custodial periods and on
Saturday mornings.
4. ??. The Christmas holiday shall be divided into two segments.
Segment A shall be from December 24"' at noon until December 25 at noon. Segment B
shall be from December 25[' at noon until December 26"' 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. Utica ion. Each parent shall be entitled to eight (8) consecutive uninterrupted
days for the pulrposes of vacation each year upon thirty
In the event that the parties have arranged conflicting schedules sfonotice to the oer parent.
rr vacation, the partfist
providing written notice to the other party shall have choice of the vacation time. y
NO. 02-4615 CIVIL TERM
Additionally, the vacationing parent shall provide a telephone number and location where
they can be reached during the vacation.
Dist:
Stephanie E. DiVittore, Esquire, P.O. Box 1146, Harrisburg, PA 17108-1146
Joanne H. Clough, Esquire, 2331 Market Street, Camp Hill, PA 17011
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER CLARK
Plaintiff
VS.
RYAN W. BENDER,
Defendant
VS.
DARREL W. 'BENDER AND
HEATHER L. DORION,
Additional Defendants
NO. 02-4615
CIVIL ACTION - LAW
IN CUSTODY
Petition for Emergency Custody Order
Submitted by:
Diane G. Radcliff, Esquire, Attorney for Defendant and Additional Defendants
Prior Assigned Judge: The Honorable Edgar B. Bayley
Prior Assigned Custody Conciliator: Melissa P. Greevy, Esquire
Plaintiff:
Heather Clark
c/o Donald Clark
1855 Quehanna Highway
Karthaus, PA 16487
Cell Phone: 717-649-2468
Prior Attorney for Plaintiff:
Stephanie E. DiVittore, Esquire
P.O. Box 1146
Harrisburg, PA 17106-1146
Attorney For Defendant
and Additional Defendants:
Diane G. Radcliff, Esquire
3448 Trindle Road, Camp Hill, PA 17011
Phone: (717) 737-0100
Facsimile: (717) 975-0697
Email: dianeradcliffCaD-comcast.net
?7&/Sc'
Diane G. Radcliff, Esquire
Supreme Court ID Number 32112
3348 Trindle Road, Camp Hill, PA 17011
Telephone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff a-comcast.net
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER CLARK
Plaintiff
VS.
RYAN W. BENDER,
Defendant
VS.
DARREL W. BENDER AND
HEATHER L. DORION,
Additional Defendants
NO. 02-4615
CIVIL ACTION - LAW
IN CUSTODY
PLAINTIFF'S PETITION FOR EMERGENCY CUSTODY ORDER
AND NOW, June 4, 2012, comes the Petitioners, Ryan W. Bender, Darrel W. Bender and
Heather L. Dorion, by their attorney, Diane G. Radcliff, Esquire, and files the above referenced
Petition, and represents that:
PROCEDURALBACKGROUND
This is a custody case. This Petition involves a request for and emergency custody order
to preserve the status quo pending a hearing in this case..
2. Your Petitioners are Ryan W. Bender, residing at 1054 Tunberry Court, Mechanicsburg,
Cumberland County, PA 17050, hereinafter referred to as "Father" and Darrel W. Bender
and Heather L. Dorion, husband and wife and residing at 1652 Lowell Lane, New
Cumberland, Cumberland County, PA 17070, hereinafter referred to as "Grandparents
3. Your Respondent is Heather N. Clark, an adult individual whose last known address is
c/o Donald Clark, 1855 Quehanna Highway, Karthaus, PA 16845, and is hereinafter
referred to as "Mother".
4. The following attorneys have entered their appearances in this case:
A. Stephanie E. DiVittore, Esquire for Plaintiff;
B. Diane G. Radcliff, Esquire for Defendant and Additional Defendants
5. The following Judge previously assigned to this and any companion cases was the
Honorable Edgar B. Bayley who entered the prior custody orders.
6. The last Custody Order was entered by the Honorable Edgar B. Bayley on November 24,
2002.
7. Concurrently herewith Father and Grandparents have filed a Petition to Modify the
11/24/02 Order. The conciliation conference has not yet been scheduled and it may be
several weeks before this conciliation occurs.
8. Because of the emergency that exists, Father and Grandparents are requesting the entry
of an Emergency Custody order as soon as possible.
9. Father and Grandparents have no way to contact Mother to secure her position regarding
this Petition and because of the emergency nature of the Petition, Respondent was not
asked to consent to the Relief Requested prior to the filing of this Petition.
FACTS OF THE CASE
10. Father and Mother were formerly husband and Wife.
11. Mother and Father are the parents and grandparents are the paternal grandparents of the
following child, hereinafter referred to as the "Child":
NAME PLACE OF RESIDENCE AGE D.O.B.
Abegale P. Bender 1652 Lowell Lane, 14 2/17/1998
New Cumberland, PA 17070
and
1054 Tunberry Court,
Mechanicsburg, PA 17050
2
12. On November 24, 2002 an Order of Court was entered pertaining to custody of the Child.
The Nlovember 24, 2002 Order is hereinafter referred to as the "11 /24/02 Order". A true
and correct copy of the 11/24/02 Order is attached hereto, marked Exhibit "A" and made
a part ' hereof.
13. In accordance with the terms of the 11/24/02 Order, Father and Mother share legal and
physical custody of the Child.
14. The parties have not followed the 11 /24/02 Order for a substantial period of time, and the
Child has not lived with Mother since May, 2011.
15. At the request of the Child and by agreement of the parties, the Child has lived with
Father and Grandparents since the summer of 2011. Pursuant to that agreement, the
Child lives with Father during the summer and on weekends during the school year and
with Grandparents on weekdays during the 2011-2012 school year. It was agreed that
the school year schedule with grandparents would be revisited at the end of the 2011-
2012 school year.
16. In January 2012 Mother left her last known residence in Karthaus, PA and moved to
Texas to be with her new boyfriend who was moving there as well.
17. Mother has not seen the Child since her move in January 2012.
18. Since Mother moved to Texas Father and Grandparents have not been able to contact
her because:
A. She did not provide them with her new address or addresses;
B. She only has a prepaid cell phone which she does not answer when they call, nor
does she return calls made to her.
19. Mother recently spoke with the child and told her that Mother was getting on a bus on
June 3, 2012 and that it would be a three (3) day trip back to Pennsylvania.
20. Mother has also advised Father by text message, and possibly by telephone call, that she
has the right to take the Child any time and any where without Father's consent and after
ignoring Father's requests for information regarding where she is staying and for how
long. Based on this communication it is believed Mother is moving back to Pennsylvania
and will attempt to exercise custody of the Child.
3
21. Previously Mother informed Father of her right and intention to take the Child to Texas.
22. Father and Grandparents request that this Honorable Court grant them physical custody
of the Child on a temporary emergency basis because:
A. Mother has no permanent residence;
B. Mother has no known employment nor visible means of support;
C. Mother lacks stability and is unable to provide for the best interest of the Child.
D. Father and Grandparents have no reasonable way to contact Mother.
E. Father and Grandparents have physical custody of the child since May 2011.
F. The Child has not lived with Mother since May 2011, and Mother has not seen the
Child since January 2012.
G. The 11/24/02 Custody Order does not represent the status quo.
H. It is feared that Mother will take the Child to an undisclosed place and not return
her into their custody.
WHEREFORE, based on the foregoing, Mother respectfully requests this Honorable Court to
enter an Order granting Father and Grandparents shared legal and physical custody of the Child
pending a full hearing on their Modification Petition.
Dated: June 4, 2012 Respectfully submitted,
RADCLIFT-,QUIRE
upreme Court ID #32112
3448 Trindle Road
Camp Hill, PA 17011
Telephone: (717) 737-0100
Attorney for Petitioners
4
VERIFICATION
I verify that the statements made in the foregoing document 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.
DATE: J I 2--
DATE: `Z
DARREL W. BENDER
HEATHER L. DORION
VERIFICATION
I verify that the statements made in the foregoing document 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.
DATE: 13 "act - l ?1- `
RY BENDER
CERTIFICATE OF SERVICE
I, Diane G. Radcliff, Esquire, hereby certify that on this date I am serving a copy of the foregoing
pleading upon the following person by mailing same by first class mail, postage prepaid,
addressed as follows:
Heather Clark
c/o Donald Clark
1855 Quehanna Highway
Karthaus, PA 16845
(Plaintiff)
Stephanie E. DiVittore, Esquire
P.O. Box 1146
Harrisburg, PA 17106-1146
(Prior Attorney for Plaintiff)
Dated: June 4, 2012
DCLIFF, ESQUIRE
me C rt II DD #32112
3448 Trindle Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Attorney for Petitioners
7
EXHIBIT "A"
ORDER OF COURT DATED NOVEMBER 27, 2002
NOV 2 5 7002
HEATHER BENDER, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 02-4615 CIVIL TERM
V.
RYAN BENDER, CIVIL ACTION - LAW
IN CUSTODY
Defendant
ORDER O COURT
AND' NOW, this day of ___VO.AAJ 2002, upon _
of the attached Custody Conciliation Summary Report, i is hereby ordered and directed as
follows:
1. Legal Custody. The parties, Heather Bender and Ryan Bender, shall have
shared legal custody of the minor child, Abigail Perlin Bender, bom 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, alf decisions regarding her health, education and religion. Pursuant to the terms
of Pa.C.S. §$309, 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. physical 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 after
work.
B. Mother will provide transportation on Monday and Tuesday
evenings at the beginning of Father's custodial periods and on
Saturday mornings.
4. ?. The Christmas holiday shall be divided into two segments.
Segment A shall be from December 24"' at noon until December 25th at noon. Segment B
shall be from December 25 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. 41ternating 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. V cation. 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.
Dist:
Stephanie E. DIVittore, Esquire, P.O. Box 1146, Harrisburg, PA 17108-1146 p.-2
Joanne H. Clough, Esquire, 2331 Market Street, Camp Hill, PA 17011
LILL)
HEATHER CLARKJO12 JUN -6 AM 6: 5i;
II{{??
Plaint
CUt?8ERLAt6 Coo V.
f'ENNSYI-VA,14IA
RYAN W. BENDER,
Defendant
V.
DARREL W. BENDER and HEATHER L.
DORION,
Additional Defendants
IN CUSTODY
NO. 2002-4615 CIVIL TERM
IN RE: PETITION FOR EMERGENCY CUSTODY ORDER
ORDER OF COURT
AND NOW, this 5"' day of June, 2012, upon consideration of the Petition for
Emergency Custody order, filed by Petitioners, Ryan W. Bender, Darrel W. Bender and
Heather L. Dorion, it is hereby ORDERED and DIRECTED as follows:
1. THE PARTIES ARE ENJOINED from removing the child, Abegale P. Bender,
from the Commonwealth of Pennsylvania without prior order of court. Such
restriction shall remain in effect until further order of court;
2. PRIOR TO TAKING CUSTODY OF THE CHILD, the party receiving the
child into his or her custody shall notify the non-custodial parent of the child's
whereabouts AND provide to the non-custodial parent a phone number at
which the child can be reached;
3. A brief hearing is scheduled for June 11, 2012 at 3:00 p.m. in Courtroom
Number 6 of the Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania 17013;
The sole issue to be heard at the brief hearing is the immediate health
and well-being of the parties' minor child. The balance of Petitioners' Joint
Petition to Modify the November 24, 2002 Custody Order is referred to
IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
conciliation.
4. PETITIONERS shall effectuate service of this Order of Court upon
Respondent. Proof of such service shall be filed with the court prior to the
June 11, 2012 hearing.
4. It is noted that, pursuant to 23 Pa. C.S. § 5337, no party shall be permitted to
relocate the residence of the child which significantly impairs the ability to
exercise custody unless every individual who has custodial rights to the child
consents to the proposed relocation or the court approves the proposed
relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. §
5337.
BY THE COURT,
Thomas A. Placey C.P.J.
Distribution List:
Diane G. Radcliff, Esq.
3448 Trindle Road
Camp Hill, PA 17011
Heather Clark
c/o Donald Clark
1855 Quehanna Highway
Karthaus, PA 16845
/Stephanie E. DiVittore, Esq.
P.O. Box 1146
Harrisburg, PA 17106
? 4?^re1 W - /3Cnder) fl,%, L. Dote; on
? 12yU N /3??0???
staled &f&b.;?1
)ell t
HEATHER CLARK
PL.AINTIFI:
RYAN W. BENDER, DARREL W. BENDER,
HEATHER L. DORION
D1 1 FN1)AN"I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2002-4615 CIVIL ACTION LAW 711-1 T-111 u
r _.?
IN CUSTODY
7
ORDER OF COURT
AND NOW, Wednesday, June 06, 2012 , upon consideration of the attached Complaint,
it is herebv directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055___ on Tuesday, July 10, 2012 at 2:30 PM
for a Pre-Hearing C tistodyConference. 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 pennanent 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,
13y: /s/ Dawn S. Sunday, Esq. ,,,?
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 mast attend the scheduled
conference or hearin,,.
YOL.' SHOULD TAKE 'PHIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN AT ORNLY OR CANNOTAFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTI1 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
C:'umberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF THE NINTH DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER CLARK
Plaintiff
VS.
RYAN W. BENDER,
Defendant
VS.
DARREL W. BENDER AND
HEATHER L. DORION,
Additional Defendants
NO. 02-4615
CIVIL ACTION - LAW,
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IN CUSTODY
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ORDER OF COURT
Re: Petition for Emergency Custody Order
AND NOW, this 12.T`day of June, 2012, upon consideration of the attached Motion of
Defendant and Additional Defendants, Ryan W. Bender, Darrel W. Bender and Heather L.
Dorion, requesting a continuance:
Zthe motion is denied.
motion is granted and the matter scheduled for June 11, 2012 at 3:00 p.m.
before the Honorable Thomas A. Placey, C.P.J., is hereby continued until
2012 at q:30 4.,M . in Courtroom
, Cumberland County Courthouse, Carlisle, PA
The moving party shall promptly notify all interested parties of this Order.
BY THEICOURT:
Thomas A. Placey, C.P.J.
DISTRIBUTION TO:
Attorney for Defendant and Additional Defendants:
Diane G. Radcliff, Esquire
3448 Trindle Rd.
Camp Hill, PA 17011
Plaintiff:
? Heather Clark
13213 W. 4'h Street
Breckenridge, TX 76424
Telephone: 717-649-2468
Prior Attorney for Plaintiff
Stephanie E. DiVittore, Esquire
P.O. Box 1146
Harrisburg, PA 17106-1146
CD??es wk..'l-ea
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IN THE COURT OF COMMON PLEAS OF THE NINTH DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
HEATHER CLARK
Plaintiff
VS.
RYAN W. BENDER,
Defendant
VS.
DARREL W. BENDER AND
HEATHER L. DORION,
Additional Defendants
: NO. 02-4615
CIVIL ACTION - LAW
IN CUSTODY
W,
AFFIDAVIT OF SERVICE
I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that
on June 14, 2012, 1 served a true and correct copy of the Petition for Modification of
Custody Order; Conciliation Conference Order of Court; Petition for Emergency
Hearing; and Motion for Continuance upon Heather Clark, the Plaintiff, by Certified Mail,
Restricted Delivery, addressed as follows:
Heather Clark
13213 W. 4th Street
Breckenridge, TX 76424
The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is
attached hereto as Exhibit "A" and made a part hereof.
CLIFF, E RE
ndle Road
Camp Hill, PA 17011
Supreme Court I.D. No. 32112
Attorney for Defendant and
Additional Defendants
Sworn to and subscribed before me
a Notary Public in and for
Cumberland Coun , Pennsylvania
this tE*day of , 201a.
NOTARY PUBLIC
My commission expires:
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EXHIBIT "A"
RETURN RECEIPT CARD
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HEATHER BENDER,
Plaintiff
v
RYAN BENDER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4615 CIVIL TERM
IN RE: PETITION FOR EMERGENCY CUSTODY
ORDER OF COURT
AND NOW, this 29th day of June, 2012, after
hearing in which both parents testified, and upon considerati
of the Petition for Emergency Custody filed by Petitioners, a
following argument, the following temporary custody order is
entered:
1. The Order of Court entered by Judge Bayley
2002 is vacated.
2. The parties' written agreement introduced
Exhibit 1 dated August 18, 2011, shall be the basis for the
temporary custody order moving forward with the following
additions.
3. Mother shall have alternating weekends wit]
the child at the Lewisberry address beginning June 29, 2012.
4. The party receiving custody shall provide
transportation via a licensed driver in an insured vehicle.
5. No party having custody nor members of the:
household or guests thereof shall use illegal drugs or consume
excessive amounts of alcohol during the periods of custody.
6. Pursuant to Section 5337 of the Domestic
Code, no party shall be permitted to relocate the residence of
the child absent all parties' approval or court approval.
7. No party shall remove the child from the
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Commonwealth of Pennsylvania without prior order of Court or
the parties' mutual written agreement.
8. The exchange on alternating weekends shall
begin at 5:00 p.m. on Friday ending at 8:00 p.m. on Sunday, wii
the exception of today, which shall be at 1:00 p.m.
By the Court
Thomas A. 1 cey C.P.J.
Heather Bender
1855 Quehanna Highway
Karthaus, PA 16845
Plaintiff pro se
V Diane Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
For Defendant
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HEATHER CLARK
vs.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVA
RYAN W. BENDER,
DARREL W. BENDER and
HEATHER L. DORION
Defendant
2002-4615 CIVIL ACTION LAW
IN CUSTODY
ORDER QF C ~T
AND NOW, this day of 2012,
-L-l
consideration of the attached Custody Conciliation Re , it i ordered and directed as follows:
1. The prior Order of this Court dated June 29, 2012 is vacated and replaced with this
2. The Father, Ryan Bender, and the Mother, Heather Clark, and the Paternal Grandparen ,
Darrel Bender and Heather Dorton, shall have shared legal custody of Abegale P. Bender, born
February 17, 1998. Major decisions concerning the Child including, but not necessarily limited t ,her
health, welfare, education, religious training and upbringing shall be made jointly by the parties a r
discussion and consultation with a view toward obtaining and following a harmonious policy in th
Child's best interest. No party shall impair the other parties' rights to shared legal custody of the
Child. No party shalt attempt to alienate the affections of the Child from any other party. All p es
shall notify the other parties of any activity or circumstance concerning the Child that could reaso ably
be expected to be of concern to the others. Day to day decisions shall be the responsibility of the arty
then having physical custody. With regard to any emergency decisions which must be made, the arty
having physical custody of the Child at the time of the emergency shall be permitted to make any
immediate decisions necessitated thereby. However, that party shall inform the other parties of th
emergency and consult with all other parties as soon as possible. In accordance with 23 Pa.C.S.A
§5309, all parties shall be entitled to complete and full information from any doctor, dentist, teach r,
professional or authority. In the event of an inability to reach consensus on a legal custody matter
under this provision, the party with primary physical custody of the Child at the time of the decisi n
shall have the ultimate decision making authority.
3. During the school year, the Paternal Grandparents shall have primary physical custody f
the Child and the Father shall have partial physical custody of the Child as arranged by agreement
During the summer school break, the Father shall have primary physical custody of the Child and he
Paternal Grandparents shall have partial physical custody as arranged by agreement. During the s hoc
year and summer school break, the Mother shall have partial physical custody of the Child over th
following weekends from Friday at 6:00 p.m. until Monday at 5:00 p.m. unless the Monday holid is
a school makeup day in which event the weekend shall end on Sunday at 5:00 p.m.:
Labor Day weekend, Columbus Day weekend, Presidents' Day weekend, Martin Luther King
weekend, April 26 through Apri129 in 2013 (and the Friday through Monday period that falls
to these dates in future years) and Memorial Day weekend. In addition, the Mother shall have
physical custody of the Child over the Christmas holiday from December 26 at 6:00 p.m. until
December 30 at 5:00 p.m.
4. The Mother shall use her Father's residence located at 1855 Quehanna Highway, Kartt
Pennsylvania as the Mother's home base for overnight periods of custody under this Order unless
otherwise agreed among the parties in advance in writing.
5. The Mother shall not permit her boyfriend, Robert Goswick, to be present during periods of
custody with the Child unless the Mother is physically present at all times.
6. The Mother shall provide at least 24 hours advance notice to the Paternal Grandpazents
during the school yeaz or to the Father during the summer school break if the Mother does not inte d to
exercise any of her periods of partial custody.
7. The Mother shall be responsible to provide transportation for all exchanges of custody t the
Father's residence. All transportation. for the Child shall be provided by a person with a valid
Pennsylvania driver's license in a legally titled, registered and insured motor vehicle.
8. Except in the event of an emergency, or other unforeseen circumstance preventing a ti ely
exchange, and a telephone call or communication from the Mother to the Father or the Paternal
Grandparents, the Mother shall not be entitled to exercise her scheduled period of partial custody i she
is more than 30 minutes late for the exchange.
9. The Mother shall not remove the Child from the Commonwealth of Pennsylvania
with the advance written consent of the Father and Paternal Grandparents.
10. All non-custodial parties shall be entitled to have reasonable liberal telephone contact
the Child.
11. Each party shall ensure that all of the other parties have her or his current address and
telephone number at all times where the Child may be contacted. The parties shall provide advan e
notice to each other also of the address and telephone number where the Child may be contacted a any
time the Child is removed from that party's residence for an overnight period or longer. This pro 'sion
is not intended to apply to ordinary single overnights at a friend's house or visits with grandpazent .
12. No party shall smoke in any part of a confined area in the presence of the Child or p~
another person to do so. No party shall use smokeless or chewing tobacco in the presence of the
or permit a third party to do so.
13. No party shall use illegal drugs or consume alcohol to excess during periods of custod and
no party shall permit third parties having contact with the Child, including members of their hour old
or guests, to do so.
14. No person transporting the Child shall be under the influence of alcohol or illegal
substances.
15. No party shall employ or utilize the services of any person who has been convicted of,.
has pled guilty or no contest to any offense enumerated in 23 Pa.C.S.A. 5329, or an equivalent offs
in another jurisdiction, to provide Gaze for the Child.
16. No party shall be permitted to relocate the residence of the Child which significantly
impairs the ability to exercise custody unless every individual who has custodial rights to the Ch
consents to the proposed relocation or the Court approves the proposed relocation. A person pro
to relocate MUST comply with 23 Pa. C.S. § 5337.
17. The Child shall be enrolled in the Cedaz Cliff High School.
18. The docket shall be modified to reflect that the Paternal Grandparents, Darrel Bender
Heather Dorton are additional Defendants in these proceedings.
19. The Mother may file a Petition with the Court if she desires to review or modify the
custodial arrangements.
20. The parties may modify the provisions of this Order by consent of all parties in writi
the absence of consent of all parties in writing, the terms of this Order shall control.
.T,
Thomas
J.
cc: d Heather Clark -Mother
/Diane G. Radcliff Esquire -Counsel for Father and Paternal Grandparents
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HEATHER CLARK
vs.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVA
2002-4615 CIVIL ACTION LAW
RYAN W. BENDER,
DARREL W. BENDER and
HEATHER L. DORION
Defendant
Prior Judge: Thomas A. Placey
IN CUSTODY
CUSTODY CONCILLATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF
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 CUST(3DY OF
Abegale P. Bender February 17, 1998 Father and Paternal Grandparents
2. A custody conciliation conference was held on July 31, 2012, with the following indiv duals
in attendance: the Father, Ryan Bender and the Paternal Grandparents, Darrel Bender and H ather
Dorion, with their counsel, Diane G. Radcliff Esquire. The Mother, Heather Clerk, did not atte d the
conference but participated by telephone with the conciliator for a short period.
3. Although the Mother did not indicate any opposition to the custodial arrangements pr sed
by the Father and Paternal Grandparents in the attached Order at the time of the conci 'ation
conference, the Mother was advised that she has the opportunity to file a Petition to ab n the
scheduling of an additional conciliation conference and review of the custody schedule.
4. The conciliator recommends an Order in the form as attached.
Date
-__
Dawn S. Sunday, Esquire
Custody Conciliator
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