HomeMy WebLinkAbout04-5097SANDRA BENNER IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - CUSTODY
MARY BRET2 Defendant NO. O - X109/ ??C??l? `
NOTICE TO DEFEND
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you must take
action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or objections to
the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and the court may enter a
decree of divorce or annulment against you. A judgment may also be
entered against you for any other claim or relief requested in these
papers by the plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the Office of the
Prothonotary's at the first floor in the Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
1-800-990-9108
SANDRA BENNER IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - CUSTODY
MARY BRETZ
Defendant NO.
CUSTODY
Plaintiff, Sandra Benner, by and through her attorney Gail
Guida Souders, respectfully avers the following counts through Civil
Procedure Rule 1915.15 (a):
1. The Plaintiff is Sandra Benner, (hereinafter "Grandmother")
residing at 103 Wyncote Court, Mechanicsburg, PA 17055.
2. The Defendant is Mary Bretz (hereinafter "Mother") residing
at an unknown address.
3. Plaintiff seeks primary physical and joint legal custody of
the following children:
Name Present Residence D.O.B.
Cameron S. Bretz 103 Wyncote Court 4/9/92
Mechanicsburg, PA 17055
Gabrielle N. Bretz 103 Wyncote Court 12/26/98
Mechanicsburg, PA 17055
Isaiah Bretz 103 Wyncote Court 8/8/01
Mechanicsburg, PA 17055
Cameron S. Bretz and Gabrielle N. Bretz were born in wedlock.
4. The children are presently in the custody of the Sandra
Benner who is residing at 103 Wyncote Court, Mechanicsburg,
PA 17055.
5. During the past five years, the children have resided with
the following persons and at the following addresses:
Names Residences Dates
Sandra Benner 103 Wyncote Court 6/2004-Present
Mechanicsburg, PA 17055
Mary Bretz At various addresses
6. The mother of the child is Mary Bretz, residing at an unknown
address.
7. The father of Cameron and Gabrielle Bretz is Kevin Bretz and
his address is unknown and he has not had contact with the
children in approximately three years.
8. The father of Isaiah Bretz is Jason Moore and his address is
unknown and he last had contact with the child when he was
born.
9. The relationship of the Plaintiff to the children is that of
grandmother-children. The children are currently living with
the grandmother.
10. The relationship of the Defendant to the children is that of
mother-children.
11. The best interest and permanent welfare of the children will
be served by granting the relief requested because it will
provide the children with a stable and safe environment.
12. Each parent whose parental rights to the children have not
been terminated, and the person who has physical custody of
the children, have been named as parties to this action.
WHEREFORE, the Plaintiff requests the court to grant her primary
physical custody and joint legal custody of her grandchildren.
Gail Guida Soudera ?
Attorney for the Plaintiff
Guida Law Offices
111 Locust Street
Harrisburg, PA 17101
(717) 236-6440
Supreme Court ID# 68740
? '`4
Wd
??
? ??
SANDRA BENNER IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
CIVIL ACTION - CUSTODY
MARY BRETZ J
Defendant NO. Oy -CO97 L v???F21,n
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, SANDRA BENNER (hereinafter called "Maternal Grandmother") and
MARY BRETZ (hereinafter called "Mother") of the minor children, CAMERON BRETZ,
GABRIELLE BRETZ, AND ISAIAH BRETZ, by and through Gail Guida Souders, Esquire, stipulate
and agree as follows:
1. LEGAL CUSTODY
Maternal 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 the upbringing of 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 harmonious policy calculated to promote the child's best interest.
Each party has a right to be kept informed of the child's educational and medical development, and
shall have a right 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. Maternal Grandmother shall have primary physical custody of the child.
B. Mother shall have liberal visitation as the parties agree.
WHEREFORE, the parties respectfully request that this Stipulation be entered as an Order of Court.
SANDRA BENNER
DATE: &)Z;,0
DATE: f?"' 9 -4
10'
.0
MARY Bl t
DATE: 16?Lox
?..? r-
?` ? r"
?. ?. L-j "-7. ?.
? -, .
'?G'?- .
i'".i
?
^"-?f:=
?-'-
';"? t1I }? "i
?.L: ?? ?'i.?('',.
W
l1. ?..D _.)
Y
?
?
SANDRA BENNER JN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
VS. :CIVIL ACTION - CUSTODY
:NO. 04-5097 Civil Term
MARY BRETZ
Defendant
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other claim or relief requested in these
papers by the plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the first floor in the Dauphin Court Courthouse, Front and Market Streets, Harrisburg,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
1-800-990-9108
SANDRA BENNER :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
VS. :CIVIL ACTION - CUSTODY
:NO. 04-5097 Civil Term
MARY BRETZ
Defendant
MOTION FOR MODIFICATION OF CUSTODY
Petitioner, John Benner, by and through his attorney Gail Guida Souders, respectfully avers the
following counts through Civil Procedure Rule 1915.15 (a):
1. The Petitioner is John Benner, (hereinafter called "Grandfather") residing at 61 Southpoint,
Mechanicsburg, PA 17055.
2. The Plaintiff is Sandra Benner (hereinafter called "Grandmother) residing at 816 Highland
Court, Mechanicsburg, PA 17055.
3. The Defendant is Mary Bretz (hereinafter called "Mother") residing at 816 Highland Court,
Mechanicsburg, PA 17055.
4. The Defendant is Kevin Bretz (hereinafter called "Father") residing at 12 Glen View Circle,
Dillsburg, PA 17019.
5. The Mary Bretz and Kevin Bretz are parents of one minor child namely Cameron Bretz,
born April 9, 1992.
6. There is an existing custody Order entered on October 11, 2004. See Exhibit A.
7. Grandfather, Grandmother and Mother are seeking modification of said Order because:
a. Child has attended Mechanicsburg School District his whole life.
b. Grandmother who has primary custody of child has moved out of school district in
August of 2007.
c. Child still wants to attend Mechanicsburg High School in the Mechanicsburg School
District.
d. Grandfather resides in School District.
e. School needs Court Order giving Grandfather primary custody.
f. Child has recently started seeing his Father after three of four years.
g. Father does not live in Mechanicsburg area nor does he have stable housing.
h. By allowing child to live with Grandfather, his education will not be interrupted.
i. Mother and Grandmother consent with this request. See Exhibit B.
j. This request will provide a stable and consistent environment for child.
8. For all the reasons stated above, Petitioner requests that the court grant him primary
custody of Cameron Bretz.
WHEREFORE, Grandfather requests that the Court modify the existing Order to have Cameron Bretz
reside with him because it would be in the best interest of the child.
Gail Guida Souders
Attorney for the Plaintiff
Guida Law Offices
111 Locust Street
Harrisburg, PA 17101
(717) 236-6440
Supreme Court ID# 68740
SANDRA BENNER IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
: CIVIL ACTION - CUSTODY
MARY BRETZ cq)t6LI?1
Defendant NO. aq -.- s097STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, SANDRA BENNER (hereinafter called "Maternal Grandmother") and
MARY BRETZ (hereinafter called "Mother") of the minor children, CAMERON BRETZ,
GABRIELLE BRETZ, AND ISAIAH BRETZ, by and through Gail Guida Souders, Esquire, stipulate
and agree as follows:
1. LEGAL CUSTODY
Maternal', 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 the upbringing of 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 harmonious policy calculated to promote the child's best interest.
Each patty has a right to be kept informed of the child's educational and medical development, and
shall have a right 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.
H. PHYSICAL CUSTODY
A. Maternal Grandmother shall have primary physical custody of the child.
B. Mother shall have liberal visitation as the parties agree.
Exhibit A
WHEREFORE, the parties respectfully request that this Stipulation be entered as an Order of Court.
SANDRA BENNER MARY B
11 -
DATE:d DATE: AD "14
DATE: 6'1d"'j-Uc6 v
BY THE COURT:
Is
J.
TWE COPY FROM RE'0:`R!
In Testimorv whcreaf, l hcre unto set my hand
and e s I f Sal Co rt a s1 , Pa.
Exhibit A Th'
AFFIDAVIT
I, Mary Bretz, want my son Cameron Bretz to live with my father, John Benner so my
son can continue to go to Mechanicsburg School District.
Date: /2
Mary Br
Exhibit B
AFFIDAVIT
I, Sandra Benner, want my grandson Cameron Bretz to live with John Benner so my
grandson can continue to go to Mechanicsburg School District.
_2k_
Date: 0 1 7
Sandra Benner
Exhibit B
I, John Benner, verify that the statements made in this Petition for Modification are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
DATE: /6 " V I -1:> 7
?HN BENNER
ATTORNEY FOR PETITIONER
N iJ
°t
,1 ? n
SANDRA BENNER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2004-5097 CIVIL ACTION LAW
MARY BRETZ
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday, November 09, 2007 , 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 Wednesday, December 12, 2007 at 1:30 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.
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 o.
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
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
(o- EI-Y
r AONIoUZ
SANDRA BENNER JN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
VS. :CIVIL ACTION - CUSTODY
:NO. 04-5097 Civil Term
MARY BRETZ
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on December 1, 2007, I served a copy of the Motion for
Modification of Custody upon Sandra Benner and in the manner indicated below, which service
satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403.
Service by U.S. Certified Mail to:
Sandra Benner
816 Highland Court
Mechanicsburg, PA 17055
A
Gail Gui a Sou ers, Esquire
Guida Law Offices, P.C.
111 Locust Street
Harrisburg, PA 17101
717-236-6440
Dated: December 4, 2007
M
M
U.S Postal Service
r3 CERTIFIED MAI L REC EIPT
Ln
C3 (Domestic Mail Only; No in surance C overage Provided)
D
M G
L
1A
sE77
C3
C3 ... ,•.
to POStege $
i)
Certified Fee P
C3 ?
5 ostrrr
C3 Retum Receipt Fee 177. (} Here
C3 (Endorsement Required)
p Restricted Delivery Fee • i. i. NOV 2 9 2007
Q- (Endorsement Required)
/29
rU Total Postage & Fees
y
C3
Sent To
. may 1 ? .?[.,.}?-.- - -- ------ - - --.-..............
aPOBoxPb 1 V) t 1 U.I? ?1 -----------
r Complete Items 1, 2• and 3. Also complete
Mam 4 N Restricted Delivery Is ddWred.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mallpiece,
or on the front if space permits.
, 5 t(4 be-nr'e- "'
$ (p Ct'-
W?C,h 65
A Signature
X a? &A4- 0 AAdd e.ee
by (A*q Aa6V) I jr4e of Deliwry
D. Is d*4wy#fa dress di'i'tteai 171
If YES, enter delMery blow C2 so
w y
? Lvv?
0
AID
Service lype N..- vs;'s
0 CertMed Md 0 Enp m
0 Reglste W 0 Return Receipt for Merdtendbe
0 Intn ed Mail 0 C.O.D.
4. Restricted Delivery? akhe Fee) 0 Yes
2. ArlideNumber 7004 2890 0002 8003 0050
(ftmdbr Aam sen ce
P3 Form 3811, Fsbnwy 2004 Doffwwft Return Rsosipt ?tlQeso6 Q¢ NF1540
i
P
SANDRA BENNER :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
VS. :CIVIL ACTION - CUSTODY
:NO. 04-5097 Civil Term
MARY BRETZ
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on December 1, 2007, I served a copy of the Motion for
Modification of Custody upon Mary Bretz and in the manner indicated below, which service satisfies
the requirements of Pennsylvania Rule of Civil Procedure. 403.
Service by U.S. Certified Mail to:
Mary Bretz
816 Highland Court
Mechanicsburg, PA 17055
Gail Guida Souders, Esquire
Guida Law Offices, P.C.
111 Locust Street
Harrisburg, PA 17101
717-236-6440
Dated: December 4, 2007
t r ? * .
Postal Ser vice
Iti • RECE IPT
r
0 _(Dornestic Mail Only; NO Insurance . .-
Provided)
m
0
0
co
N Postage $ ?_QRISQ?
0 Certified Fee 1. . 6.5
O
C3 Return Receipt Fee
(Endorsement Reqired) 03
$2.19 a Postmark
F?apg r ?
O
Q
" Restricted Delivery Fee
(Endorsement Required) W
$0. 00
0
L y
v
flJ Total Postage & Fees $ c ryc
y
SA'
.2- U
0
f?- r To
neei Ao --- --
' `- !'- - ----.-
-------
¦ Camplete ttwris 1. 2, and 3. Also complete
01 ? 4IfReesfflow Delivery is deemed.
your name and address on the reverse
eO that we can roNm the card to you.
• Attaoh this card to the back of the mallph",
Or on the firint N arm. -u-
1. Ar" Addressed to:
'v lard C*-
lu CO MW Meal Cl Bwm Mail
0 ^ Redmt for Merv IM
0 lnwwA n
2. Article Number - --
Mw*brftm 7004 2890 0002 8003 0067
PS Form 3811, February 2004 DomeWc Return RsoW
+awn-ce- r-,IM
C71 'J iT,
T,
7
2
..._r?
L 1 ?"?
SANDRA BENNER :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION - CUSTODY
:NO. 04-5097 Civil Term
MARY BRETZ
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on December 29, 2007,1 served a copy of the Motion for
Modification of Custody upon Sandra Benner and in the manner indicated below, which service
satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403.
Service by U.S. Certified Mail to:
Sandra Benner
816 Highland Court
Mechanicsburg, PA 17055
Gail Guida uders, Esquire
Guida Law Offices, P.C.
111 Locust Street
Harrisburg, PA 17101
717-236-6440
Dated: January 2, 2008
s + ?
0 (Domestic Only; No In surance Coverage
0 For delivery information visit our website at www.usps.com
M ]
C3 0.. i
CO Postage $ ,
ruJ certified Fee $2. 69
C3
to Retum Receipt Fee '$2.15
t3 (Endorsement Required) M
M=D
t
quad
-
$0.00 low
Cr (En
.
R
)
d
ru
Tow Pastane & Faes
$5.38 8/%l
C3
To
[??.et .... .... .. ....•_. _._... _--.-..-._.-_...-
or PO Box No.
?` ?'Cl lv t-h4h Line C-.
¦ Complete items 1, 2, and 3. Also complete
Nwn 4 If Restricted Delivery is deelred.
¦ Punt your name and addrees on the reverse
so that we can retum the card to you.
¦ Arch this card to the back of the mailpiece,
or on the front If space permits.
1. ArMcle Addressed to., VYya). P ft F7055
A.
Received by (Rirrted /Yj+»rd ! c. Date of
D. Is delivery address di fewd ftnm item W ? Yea
if YE:N eater delivery address below 0 No
?. service lype
o cetnfied Mal 0 Swiss, Man
0 Replstered 0 Rearm Receipt for Merdwwwo
0 Urettred Mal 0 c.o.D.
4. Pa*k-,W Delivery? (Extra Fee) a Yea
0 Agert
2. At7rabNwnbw 7004 2890 0002 8003 0074
f> MM& i1lan as, ft- M
P3 Form 3611, Fabruary 2004 Don"We Retum taeoernt 102 -M-,sac i
? ;?'1
'? t,.-
v
y,'yw , R
?r r??,J
i "+?{-
^:1
S
a.
SANDRA BENNER
Plaintiff
VS.
MARY BRETZ
Defendant
1
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION - CUSTODY
:NO. 04-5097 Civil Term
CERTIFICATE OF SERVICE
I hereby certify that on December 29, 2007, I served a copy of the Motion for
Modification of Custody upon Kevin Bretz and in the manner indicated below, which service satisfies
the requirements of Pennsylvania Rule of Civil Procedure. 403.
Service by U.S. Certified Mail to:
Kevin Bretz
12 Glen View Circle
Dillsburg, PA 17019
ail Guida Souders, Esquire
Guida Law Offices, P.C.
111 Locust Street
Harrisburg, PA 17101
717-236-6440
Dated: January 2, 2008
.. 7
J S Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only,• No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com,
1 lf' . ? .,
ru
O Certified Fee
O
O Return Recelpt Fee
(Endorsement Required)
it Restricted Delivery Fee
(Endorsement Required)
ru
Total Postage & Fees
C3 Sent TO -
q1v
r%- 3..:._ _ -------
¦ ComPlste ftems 1. 2, and 3. AW dWolete
ftm 4 ff Resbicted Delivery is desired.
¦ P*d your name and address on the reverse
so that we can rebim the card to you.
• Attach this card to the back of the mailpfece,
or on the front ff space perrn ts.
1. Adide Addressed to:
1-2, QF1C4f-)l
A.
011o k
o. w,o,voa oY nwa Narrw Q. Date of
D. Its d0 very address different from item 1? ? Nis
ff YE3, enter delivery address below: ? No
b;,? Ip Oq 3. ftVIN 1yw
O cwwod and (3 Emess Man
E3 Registered O Retum Receipt for Merowicbe
0 Intuited Mall ? C.O.D.
4. ReettiCted Deliveyt (Extra Fog) C3 yes
X04 2$90 0002 800.2 9580
(rM.b ttitorn asfrtb +?
PS Fdnn 3811, FWmwy 2004 Dorrtastlc RwAn Re-
- . ,?I ? •i.AA-1
r
+
?y? ?
?'
• ?= -???
-?
;
-: ?_ .??,
a
;
`
?`
? ?
:? ?
SANDRA BENNER
Plaintiff
VS.
MARY BRETZ
Defendant
W.-
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION - CUSTODY
:NO. 04-5097 Civil Term
CERTIFICATE OF SERVICE
I hereby certify that on December 29, 2007,1 served a copy of the Motion for
Modification of Custody upon Mary Bretz and in the manner indicated below, which service satisfies
the requirements of Pennsylvania Rule of Civil Procedure. 403.
Service by U.S. Certified Mail to:
Mary Bretz
816 Highland Court
Mechanicsburg, PA 17055
Gail Guida Souders, Esquire
Guida Law Offices, P.C.
111 Locust Street
Harrisburg, PA 17101
717-236-6440
Dated: January 2, 2008
P
U,S Postal Service
N
CERTIFIED MAIL
REC
EIPT
Er
Domestic Provided)
U-
a
o
sp '?It,`G fi11 _,
postage $
N
D
CertMed Fee
12. t'5
C3
Q Retum Receipt Fee 1-2.15
e
(Endorsement Required)
Er Restricted Deanery Fee ,
41. Q
cc (Endorsement Required) N
Tots! Postage 8 Fees
$
$c" 4&,/ ?
12 `
.7
C3 //
''??(v
A)
?,
'
{ ... ..
--
-- __ .1. ----- --------- ;;;"I ---------------------
JAI J! -L Ms--l -W ... :=fL-:
¦ Complete hems 1, 2, and 3. Am earr(no.a
Nam 4 N Restrl W DON very Is deed'
¦ Print your name and address on the reverse
so that we can rat" the card to you.
¦ Mach this card tD the back of the =109c%
- -- u e..s..e rwrmits.
1. Artde Ad*wood to:
\j 55
D. Is deNverY auaress rarasra.. •••• •• ••
N YES. enter delivery address bet w: E3 No
D c;atMied MON
? RepwwW ..
oExpralb M1111
? Rdun Receipt for Meriohertdae
rf r% n IN
Z, Arwe Number 7004 2890 uuud auu= -» r r
(AVOW IMM awwoe heal ,oboe M +sw
PS Form 3811, February 2004 Domwtlc Rearm Raoaipc
tam
L?
par ..T.q
r
C
FEB 0 120og A
SANDRA BENNER IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 2004-5097 CIVIL ACTION LAW
MARY BRETZ
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this SAL, day of 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and dir ted as follows:
1. The Paternal Grandfather, John Benner, shall have primary physical custody of Cameron
Bretz, born April 9, 1992.
2. In all other respects, the prior Order of this Court dated October 11, 2004, shall continue in
effect.
BY THE COURT
Edgar B. Bayley
cc: ? Gail Guida Souders, Esquire - Counsel for Maternal Grandfather
?Sandra Benner, Maternal Grandmother
,/Mary Bretz, Mother I £s M."? I
Lcl-
v-'kevin Bretz, Father
a js?o8
J.
a
a ?
t+"s r -.
? ? ??Y
I
,.
. t
SANDRA BENNER
Plaintiff
VS.
MARY BRETZ
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2004-5097 CIVIL ACTION LAW
IN CUSTODY
Defendant
Prior Judge: Edgar B. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Cameron Bretz April 9, 1992 Paternal Grandfather
2. A custody conciliation conference was held on January 30, 2008, with the following
individuals in attendance: the Maternal Grandfather, John Benner, with his counsel, Gail Guida
Souders, Esquire. Neither the Maternal Grandmother, Sandra Benner, nor the Mother, Mary Bretz,
attended the conference, although both parties provided signed affidavits consenting to the Maternal
Grandfather retaining primary physical custody of the Child to enable the Child to finish high school in
Mechanicsburg. The Father, Kevin Bretz, was served with notice of the Petition and conciliation
conference, but did not attend or contact the conciliator.
3. The conciliator recommends an Order in the form as attached confirming the existing
custodial situation in which the Child resides with the Paternal Grandfather. While it appears that
there is no dispute among the grandparents, who no longer reside together, or the parents of the Child,
the grandfather's Petition seeking a Court Order was necessitated by the request of the Mechanicsburg
School District.
4. The Conciliator recommends an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator