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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. 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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 ? 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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! 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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