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HomeMy WebLinkAbout02-0328NATASHA N. BENDER : : PLAINTIFF : V. : 02-328 GANNON KUPKO DEFENDANT : IN CUSTODY ORBER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Friday, February 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, February 25, 2002 at ll:00 a. 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/ Melissa P. Greevy. 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 NATASHA N. BENDER, Plaintiff VS. GANNON KUPKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d)~- 3~ CIVIL ACTION - CUSTODY NOTICE AND ORDER OF COURT You, Gannon Kupko, have been sued in court to obtain custody, partial custody or visitation of the child, Austin T. Kupko. You are ordered to appear in person at ~ 2002, at .m., for [ ] a conciliation or mediation conference. [ ] a pretrial conference. [ ] a heating before the court. _~ on If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Dated: NATASHA N. BENDER, Plaintiff VS. GAN'NON KUPKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - CUSTODY COMPLAINT FOR PRIMARY CUSTODY 1. The plaintiff is Natasha N. Bender, residing at 425 Independence Court, Mechancisburg, Cumberland County, Pennsylvania. 2. The defendant is Gannon Kupko, residing at 143 15th St., Apt 8, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical custody of the following child: Name Present Residence Age Austin T. Kupko 425 Independence Court 1 yr. 10 mos. The child, Austin T. Kupko, bom out of wedlock. The child, Austin T. Kupko, is presently in the custody ofNatasha N. Bender, mother, who resides at 425 Independence Court, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: 143 15th St., Apt 8 New Cumberland, PA 425 Independence Court Mechanicsburg, PA Birth to 12/31/01 1/1/02 to present with mother and father mother and room mate, Jennifer Clark & her 2 children The mother of the child Natasha N. Bender is Plaintiff, currently residing as stated in paragraph 1. She is single. The father of the child, Gannon Kupko is Defendant, currently residing as stated in paragraph 2. He is single. 4. The relationship of plaintiff to the child, Austin T. Kupko, is that of mother. The plaintiff currently resides with the following persons: Name Austin T. Kupko Jennifer Clark Alana and Tai Tran Relationship Son Room mate Room mate's children The relationship of defendant to the child, Austin T. Kupko, is that of father. The defendant currently resides with the following persons: Name Relationship No one 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child, Austin T. Kupko, in this or another court. Plaintiff has no infmmation of a custody proceeding concerning the child, Austin T. Kupko, in another court of the Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child, Austin T. Kupko, or claims to have custody or visitation rights with respect to the child, Austin T. Kupko. 7. The best interest and permanent welfare of the child, Austin T. Kupko, will be served by granting the relief requested because the child needs to be in the primary care of his mother during his tender years. 8. Each parent whose parental custody rights to the child, Austin T. Kupko, have not been terminated and the person who has physical custody of the child, Austin T. Kupko, have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child, Austin T. Kupko, will be given notice of the pendency of this action and the right to intervene: Name Address Basis of claim None WHEREFORE, plaintiff requests the court to grant her primary physical custody of the child, Austin T. Kupko. Dated: January 18, 2002 By: J~'~d~ A. PHILPOTT, ESQUIRE PJ~ILPOTT & PROSSER, LLP 227 North High Street P.O. Box 116 Duncannon, PA 17020 (717) 834-3087 Attorney for Plaintiff I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. NATASHA N. BENDER, Plaintiff GANNON KUPKO Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : No. 02-328 CIVIL : IN CUSTODY PRAECIPE TO: Curtis R. Long, Prothonotary Please enter the appearance of Constance P. Brunt, Esquire, as counsel for Defendant, GANNON KUPKO, in the above-captioned matter. Respectfully Submitted, DATE: Constance P. Brant, Esquire Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the ~_C'~L-day of  ,~, 2002, I served a tree and correct copy of the foregoing Praecipe by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jerry A. Philpott, Esquire 227 N. High Street Duncannon, PA 17020 Attorney for Plaintiff Melissa P. Greevy, Esquire 214 Senate Avenue Camp Hill, PA 17011 Custody Conciliator CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant 2002 NATASHA N. BENDER, VS. GANNON KUPKO, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-328 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~...~1 day of March, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Natasha N. Bender and Cannon Kupko, shall have shared legal custody of the minor Child, Austin T. Kupko, born Mamh 4, 2000. 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, all decisions regarding the Child's health, education and religion. Pursuant to the terms of Pa.C.S. §5309, 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. The parties shall have shared physical custody which shall operate according to the following schedule: Week 1 - Father shall have custody on Tuesday, Thursday and Friday; Mother shall have custody on Monday, Wednesday, Saturday and Sunday. Week 2 - Father shall have custody on Tuesday, Thursday, Saturday and Sunday; Mother shall have custody on Monday, Wednesday and Friday. The custodial time for Mother's custodial weekends shall run from Saturday at 5:00 p.m. until Tuesday at 5:00 p.m. Father's custodial weekends shall be from Saturday at Noon until 7:30 Monday morning. The parties have arranged this shared physical custody schedule around their present work hours. Changes in work hours may necessitate a change in the schedule, although the parties remain committed to a shared physical custody arrangement for this Child. 3. Holidays. Notwithstanding the regular shared physical custody schedule, the parties shall share the following holidays as further described below: Easter, Thanksgiving and Christmas. Easter and Thanksgiving shall be shared on an NB schedule. The custodial period for Segment A shall be from 9:00 a.m. until 3:00 p.m. The custodial period for Segment B shall be from 3:00 p.m. until 9:00 p.m. The Christmas NB schedule shall be from December 24th at Noon until December 25th at Noon, and from December 25th at Noon until December 26th at Noon. In even-numbered years, Mother shall have Segment A of Easter and Christmas and Segment B of Thanksgiving; Father shall have Segment B of Easter and Christmas and Segment ^ of Thanksgiving. In odd-numbered years, Mother shall have Segment B of Easter and Christmas and Segment A of Thanksgiving; Father shall have Segment A of Easter and Christmas and Segment B of Thanksgiving. 4. The Child's Birthday. On the Child's birthday, the parent not having physical custody under the ordinary schedule shall have the opportunity to spend a block of three hours with the Child. The specific times for this custodial period shall be agreed upon by the parties. 5. Vacation. Upon 60 days notice to the other parent, each party is entitled to one week of vacation which shall run from Friday to Friday each year. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. However, in the event that the parties are not in agreement, the terms of this Order shall control pending further Order of Court. BY THE~ Dist: Jerry A. Philpott, Esquire, PO Box 116, Duncannon, PA 17020 Constance P. Brunt, Esquire, 1820 Lingtestown Road, Harrisburg, PA 17110 :155475 NATASHA N. BENDER, VS, CANNON KUPKO, Plaintiff Defendant ~N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-328 CIVIL ACTION - LAW IN CUSTODY 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 Austin T. Kupko March 4, 2000 Mother and Father 2. A Custody Conciliation Conference was held on February 25, 2002, with the following individuals in attendance: the Mother, Natasha N. Bender, and her counsel, Jerry A. Philpott, Esquire; the Father, Gannon Kupko, and his counsel, Constance P. Brunt, Esquire. reached an agreement in the~of a/~ Order as attached. 3. The parties Date ' ' Meli~sa Peel Gree/~y, Esquire Custody Conciliatbr NATASHA N. BENDER PLAINTIFF Vo GANNON T. KUPKO DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-328 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Wednesday, February 19, 2003 at 11:00 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. 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 CO'URT. By: /s/ Melissa P. Greevy, 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 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 2 Liberty Avenue Carlisle, Pennsylvania 170 l 3 Telephone (717) 249-3166 C~. ?.C, EO.P' C NATASHA N. BENDER, Plaintiff V. GANNON T. KUPKO, Defendant ~IAR 2 3 Z003 ,,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-328 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this <~ day of March, 20~ upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered-and directed as follows: 1. Le.qal Custody. The parties, Natasha N. Bender and Gannon Kupko, shall have shared legal custody of the minor Child, Austin T. Kupko, born March 4, 2000. 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, all decisions regarding the Child's health, education and religion. Pursuant to the terms of Pa.C.S. §5309, 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. The parties shall have shared physical oustody which shall operate according to the following schedule: A. Week 1 Father shall have custody from 2:30 p.m. Monday through Noon Wednesday and 2:30 Friday through noon the following Monday. Mother shall have custody from Noon Wednesday through 2:30 on Friday. Week 1 shall commence March 24, 2003. NO. 02-328 CIVIL TERM B. Week 2 - Mother shall have custody from Noon Monday through 2:30 p.m. Wednesday and from Noon Friday through 2:30 p.m. the following Monday. Father shall have custody from 2:30 Wednesday through Noon Friday. Week 2 shall commence March 31,2003. 3. In the event that the daycare provider is closed on a day that a custodial change would occur due to holidays or weather, the exchange shall take place at the West Shore Booking Center at 3:00 p.m. via the use of a third party, unless otherwise agreed. 4. Holidays. The parties will share holidays as they may agree utilizing the assistance of third parties for custodial exchanges as needed. 5. Vacation. Upon 60 days notice to the other parent, each party is entitled to one week of vacation each year which shall run from Friday to Friday. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. However, in the event that the parties are not in agreement, the terms of this Order shall control pending further Order of Court. BY THI~ Dist: Jerry A. Philpott, Esquire, PO Box 116, Duncannon, PA 17020 Nathan C. Wolf, Esquire, $5 E. High Street, Carlisle, PA 17013 NATASHA N. BENDER, Plaintiff V, GANNON T. KUPKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-328 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 THE CUSTODY OF Austin T. Kupko March 4, 2000 Mother and Father 2. A Custody Conciliation Conference was held on February 27, 2003 pursuant to Father's Petition to Modify which was filed on February 3, 2003. Present for the conference were: the Mother, Natasha N. Bender, and her counsel, Jerry Philpott, Esquire; the Father, Gannon T. Kupko, and his counsel, Nathan C. Wolf, Esquire. This was the parties' second Custody Conciliation Conference. 3. The parties reached an agreement in the~.~an Order as attached. ! Date Melissa Peel Greevy, Esquire Custody Conciliator :211090 SHERIFF' S RETURN - REGULAR CASE NO: 2003-00328 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS ADLER STANLEY D JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF REVIVAL was served upon ADLER ROBERT A EXECUTOR OF ESTATE OF STANLEY D ADLER JR the DEFENDANT , at 2015:00 HOURS, on the at 2930 ARCONA RD 6th day of February , 2003 MECHANICSBURG, PA 17101 ROBERT ADLER by handing to a true and attested copy of WRIT OF REVIVAL together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~ day of ~ ~ A.D ~fothonotary ' So Answers: R. Thomas .Kline ~ 03/28/2003 SAIDIS SHUFF FLOWER LINDSAY By: ~O.L~-r~ ~ . Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00328 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS ADLER STANLEY D JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF REVIVAL was served upon ADLER ROBERT A EXECUTOR OF ESTATE OF BETTY J ADLER the DEFENDANT , at 2015:00 HOURS, on the at 2930 ARCONA ROAD 6th day of February , 2003 MECHANICSBURG, PA 17055 ROBERT ADLER by handing to a true and attested copy of WRIT OF REVIVAL together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~ ~' day of ., ~ ~2~ A.D. · P~rothonotary So Answers: ~.~'~' '~ .I- ' R. Thomas Kline 03/28/2003 SAIDIS SHUFF FLOWER LINDSAY Deputy Sheriff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00328 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS ADLER STANLEY D JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KILLION PAUL J EXECUTOR OF ESTATE OF BETTY J ADLER but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF REVIVAL in his bailiwick. He therefore County, Pennsylvania, to On March 28th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 03/28/2003 Sheriff of Cumberland County SAIDIS SHUFF FLOWER LINDSAY Sworn and subscribed to before me this =2~ day of ~ ~x~P3 A.D. othonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : PNC BANK NA vs : KILLION PAUL J Sheriff's Return No. 0592-T - - -2003 OTHER COUNTY NO. 03 328 AND NOW:March 25, 2003 WRIT OF REVIVAL KILLION PAUL J EXEC OF ESTATE OF BETTY J ADLER to JANET EVENS (OPERATION COORDINATOR) of the original WRIT OF REVIVAL to him/her the contents thereof at 200 N THIRD STREET SUITE 1400 HARRISBURG, PA at ll:35AMserved the within upon by personally handing 2 true attested copy(ies) and making known 17101-0000 Sworn and subscribed to before me this 16TH day of APRIL, 2003 PROTHONOTARY So Answers, Sheriff of D '4 Co.~~p~. Sheriff's Costs: $ .50 PD 03/20/2003 RCPT NO 176669 E TORO SERVE: in T~e Court of Commo~ PNC Bank NA VS. Stanley D. Adler Jr et al Paul J. Killion exector of estate of Betty J. Adler _ ;.-as of Cumbered-nd Coua~-y, Pennsy~¥a~'~a 03 328 civil No. , I, SHERIFF OF UMBERI~AND coUNTy, PA, do C -m hereby deputize the Sheriff of nsuphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.' Sheriff of Cumberland County, PA within Affidavit of Service ,20 , at o'clock M. served the upon by handing to a and made known to copy of the ori=~dnal the contents thereof. So answers, Sworn and subscribed before me this _ day Of ,20 Sheriffof COSTS SERVICE MTI,EA GE AFFIDAVIT County, PA SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00328 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS ADLER STANLEY D JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KILLION PAUL J EXECUTOR OF ESTATE OF STANLEY D ADLER JR but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF REVIVAL in his bailiwick. He therefore County, Pennsylvania, to On March 28th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 6.00 9.00 31.50 10.00 .00 56.50 03/28/2003 Sheriff of Cumberland County SAIDIS SHUFF FLOWER LINDSAY Sworn and subscribed to before me this 2 2~{ day of ~ ~0~ A.D. ~ / Prothonotary~ SER~E: tn The Court of Cc~mmon P[e'as of Cumber~andl C~uaty, ?ennsylvan~a PNC Bank NA VS. Stanley D. Adler Jr et al Paul J. Killion executor of No. 03 328 civil estate of Stane]y D. Ad]er Jr. hereby deputize the Sheriff of , I, SHE~FF OF CUMBEI~2LAND COUNTY, PA, do Dauphin County. to execute this Writ, this deputation being made at the request and risk of the Plaintiff.' Sheriff of Cumberland County, PA within AffidaVit of. Service ,20 , at o'clock M. served the upon by handing to a and made imown to copy of the origfinal So answers, the contents thereof. Sworn and subscribed before me this day of ,2O Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : PNC BANK NA vs : KILLION PAUL J Sheriff's Return No. 0592-T - - -2003 OTHER COUNTY NO. 03 328 AND NOW:March 25, 2003 WRIT OF REVIVAL KILLION PAUL J EXEC OF ESTATE OF STANLEY ADLER JR to JANET EVENS (OPERATIONS COORDINATOR) of the original WRIT OF REVIVAL to him/her the contents thereof at 200 N THIRD STREET SUITE 1400 HARRISBURG, PA at ll:35AMserved the within upon by personally handing 2 true attested copy(ies) and making known 17101-0000 Sworn and subscribed to before me this 16TH day ~PRIL, 2003 PROTHONOTARY So Answers, Sheriff o a. By Sheriff's Costs: $31.50 PD 03/20/2003 RCPT NO 176669 E TORO SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00328 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS ADLER STANLEY D JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KILLION PAUL J EXECUTOR OF ESTATE OF STANLEY D ADLER JR but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF REVIVAL in his bailiwick. He therefore County, Pennsylvania, to On March 28th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 9.00 10.00 31.50 .00 56.50 03/28/2003 So ans~~~ R. Thomas Klihe- Sheriff of Cumberland County SAIDIS SHUFF FLOWER LINDSAY Sworn and subscribed to before me this 97 day of ~ ~3 A.D. ! ~ Prothonotary ~ Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsy~ania : PNC BANK NATIONAL ASSOCATION vs Coun~ of Dauphin : KILLION PAL j EXECUTOR OF ESTATE OF Sheriff's Return No. 0222-T - - -2003 OTHER COUNTY NO. 03 328CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KILLION PAL j EXECUTOR OF ESTATE OF STANLEY ADLER JR the DEFENDANT named in the within WRIT OF REVIVAL and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, February 21, 2003 NEED BETTER ADDRESS. NOTE THAT WAS LEFT IS STILL THERE. IT SEEMS THAT BUSINESS HAS MOVED. Sworn and subscrib~to befor, e~t~h~ 21ST day of ~E~RUARY, 2003 So Answers, Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $31.50 PD 01/27/2003 RCPT NO 174623 SERVE: ~n The Court of Common Pleas' of Cumberland County, Pennsylvania PHC Bank NA VS. Stanley D. Adler Jr et al Paul J. Killion executor of No. 03 328 civil estate of Stane]y D. Ad]er Jr. Now, ... January' 23, 2003 _, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service 'Now, ,20 _, at o'clock ~ M. served the within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this ~ day of ,20 Sheriff of ;-'OSTS SERVICE MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00328 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS ADLER STANLEY D JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KILLION PAUL J EXECUTOR OF ESTATE OF BETTY J ADLER but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF REVIVAL in his bailiwick. He therefore County, Pennsylvania, to On March 28th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 o3/28/2oo3 Sheriff of Cumberland County SAIDIS SHUFF FLOWER LINDSAY Sworn and subscribed to before me this -~2~ day of Prothonot a~y' Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : PNC BANK NATIONAL ASSOCATION C0untyofDauph~ : KILLION PAL J EXECUTOR OF ESTATE OF Sheriff, s Return No. 0222-T - - -2003 OTHER COUNTY NO. 03 328CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KILLION PAUL J EXECUTOR OF ESTATE OF BETTY J ADLER the DEFENDANT named in the within WRIT OF REVIVAL and that I am unable to find him/her in the County of Dauphin, and therefore return same NO? FOD~ID, February 21, 2003 NEED BETTER ADDRESS. NOTE IS STILL THERE. IT SEEMS THAT THE BUSINESS HAS MOVED. before me this 9TH Sworn and subscribed to day of APRIL, 2003 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $31.50 PD 01/27/2003 RCPT NO 174623 SERVE: in The Court of Common'Ple~aS of Cumberland County, Pennsylvania PNC BankNA VS. Stanley D. Adler Jr et al Paul J. Killion exector of No. 03 328 civil estate of Betty J. Adler NOW,_ JanuarY 23, 2003 , I, SHERIFF OF CUMBERLAND cOUNTy, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, tiffs deputation being made at the request and risk of the Plaintiff.' Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within upon by handing to a and made known to copy of the So answers, the contents thereof. Sworn and subscribed before me this ~ day of ,20 Sheriff of COSTS SERVICE MILEA GE AFFIDAVIT County, PA LO :01 ~!~ ~Z, l~¥r to NATASHA N. BENDER, Petitioner VS. GANNON KUPKO, Respondent 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-328 CIVIL ACTION - CUSTODY PETITION TO MODIFY CUSTODY 1. The petitioner is Natasha N. Bender, residing at 405 Hummel Ave., Apt 2, Lemoyne, Cumberland County, Pennsylvania. 2. The respondent is Gannon Kupko, presently residing in York County, Pennsylvania, at an address he will not furnish. 3. On March 26, 2003, the Honorable Edward Guido entered a custody order, a copy of which is attached as Exhibit A, granting the parties shared physical and legal custody. 4. Since the entry of Exhibit A, the following substantial circumstances ~and facts have changed, giving rise to this petition: plaintiff (petitioner) mother has had another child and Austin, the child at issue, is approaching school age. In addition, the stress and friction of the frequent custody exchanges under the present order are not good for the child. 5. As a result of the foregoing, the existing provisions regarding custody are no longer in the best imerest and welfare of the child. 6. The best interests and welfare of the child will be promoted by a modification of physical custody whereby petitioner mother shall have primary physical custody and respondent father shall have partial custody on alternating weekends. WHEREFORE, your petitioner respectfully prays that this Hfij ~rable Court modify / [ physical custody to grant petitioner primary physical custody. / ] Dated: By:[~'"'.,,,~ta~F- _'~"~ J,~f~Y~LP ~)TT~ ES~JIRE /PJ-IILPOTT & PROStCL~, LLP //~27 North High Street ~/ P.O. Box 116 · Duncannon, PA 17020 (717) 834-3087 Attorney for Petitioner Exhibits: A March 26, 2003, order NATASHA N. BENDER, Plaintiff V. GANNON T. KUPKO, Defendant HAR 2 3 Z003 IN THE COURT ~,I~'t~_P~l~,~:~Fri~ ~ CUMBERLAND C ~U ~T¥ ,~;~ ~1 ~ '~--"V~ r~ ~i i NO. O2-3'~8, CIVII~FI'E~,~ 2003 CIVIL AC-I'I:ON'~ LAW '- IN CUSTODY ORDER OF COURT AND NOW, this'~'~-¢r~j'~ day of March, 200~-- upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Natasha N. Bender and Gannon Kupko, shall have shared legal custody of the minor Child, Austin T. Kupko, born March 4, 2000. 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, all decisions regardin9 the Child's health, education and religion. Pursuant to the terms of Pa.C.S. §5309, 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 pare~qt. 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. The parties shall have ',shared physical custody which shall operate according to the following schedule: A. Week 1 - Father shall have custody from 2:30 p.m. Monday through Noon Wednesday and 2:30 Friday through noon the following Monday. Mother shall have custody from Noon 'Wednesday through 2:30 on Friday. Week I shall commence March 24, 2003. NO. 02-328 CIVIL TERM B. Week 2 - Mother shall have custody from Noon Monday through 2:30 p.m. Wednesday and from Noon Friday through 2:30 p.m. the following Monday. Father shall have custody from 2:30 Wednesday through Noon Friday. Week2 shall commence March 31,2003. 3. In the event that the daycare provider is .closed on a day that a custodial change would occur due to holidays or weather, the exchange shall take place at the West Shore Booking Center at 3:00 p.m. via the use of a third party, unless otherwise agreed. 4. Holidays. The parties will share holidays as they may agree utilizing the assistance of third parties for custodial exchanges as needed. 5. Vacation. Upon 60 days notice to the other parent, each party is entitled to one week of vacation each year which shall run from Friday to Friday. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. This Order is temporary in nature and may be modified upo~n the mutual agreement of the parties. However, in the event that the parties are not in agreement, the terms of this Order shall control pending further Order of Court. BY THI~ Dist: Jerry A. Philpott, Esquire, PO Box 116, Duncannon, PA 17020 Nathan C. Wolf, Esquire, 35 E. High Street, Carlisle, PA 17013 TRUE COPY FROM RECORD In T~l~t#nony whereef, I here unto eet my and t~,~ ~ ~ ~ at ~, NATASHA N. BENDER PLAINTIFF V. GANNON KUPKO DEFENDANT IN THE COURT OF £.OMMON PLEAS O CUMBERLAND COUNTY, PENNSYLVANIA 02-328 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Monday, August 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, September 22, 2003 at 10:30 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 defme 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: ~si Melissa P. Greevy, 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 must attend the scheduled conference or hearing. YOU SHOULD TAKE TItlS 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 ItELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 NATASHA N. BENDER, Plaintiff V. GANNON T. KUPKO, Defendant OCT 0 9 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-328 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- ORDER OF COURT AND NOW, this/,3 '- 'day' of October, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered ~and directed as follows: 1. This Court's Order of March 26, 2003 shall remain in full force and effect pending further Order of Court or an agreement of the parties. 2. The parties shall submit themselves and their minor child to an independent custody evaluation to be performed by Riegler, Shienvold & Associates. The cost of the evaluation shall be shared equally. Upon request by the evaluator, the parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 3. The Custody Conciliation Conference may reconvene upon a faxed letter request by counsel for either party if the request is made within ten (10) days of the receipt of the custody evaluation report. 4. A hearing is_xscheduled in Courtroom Numb~ 5 of the Cumberland County Courthouse, on the ~,~F'~ day of February~ 2004, at ,~ ;,,~O o'clock J~ .M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Natasha N. Bender, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. NO. 02-328 CIVIL TERM 5. It shall be permissible for the parties to communicate with each other regarding the custody and well-being of the minor child via e-mail. Edward E. Guido, J. Dist: .,.~erry A. Philpott, Esquire, PO Box 116, Duncannon, PA 17020 ..N'athan C. Wolf, Esquire, 64 S. Pitt Street, Carlisle, PA 17013 NATASHA N. BENDER, Plaintiff V. GANNON T. KUPKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-328 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 OFBIRTH CURRENTLYINTHE CUSTODY OF Austin T. Kupko March 4, 2000 Mother and Father 2. A Custody Conciliation Conference was held on October 2, 2003 with the following individuals in attendance: the Mother, Natasha N. Bender, and her counsel, Jerry A. Philpott, Esquire; the Father, Gannon T. Kupko, and his counsel, Nathan C. Wolf, Esquire. 3. The Conciliation Conference was convened following Mother's August 20, 2003 filing of a Petition to Modify the most recent Order of IVlarch 26, 2003. 4. The parties continue to experience severe conflict related to the custody and care of their child. Accordingly, it is the Conciliator's opinion that the custody evaluation in which they will be participating may be helpful not only to the Court but to the parties in addressing the needs of their three year old child. The parties have elected to leave the present custodial schedule intact during the course of the evaluation. They have requested a hearing date be set for February 2004. It is hoped that the custody evaluation by Riegler, Shienvold & Associates will be completed prior to the date of the hearing. Additionally, the parties were given the option to return to the Custody Co[~,ifiator after the receipt of the report and be?ore turning over the decision-making reg~r,~j their~h d to the Court Date ~'~ ~ '~Cc'ue~ ~eoe~cGil~e,e,,v,y, ~ire / y 'liator :219226 NATHAN ¢. WOLF, ESQUIRE ATTORNEY ID NO. B7380 35 EAST HIGH STREET CARLISLE PA 170t 3 (7t 7) 243-~0g0 ATTORNEY FOR DEFENDANT NATASHA N. BENDER, Plaintiff OANNON T. KUPKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 02. 328 CIVIL TERM CUSTODY MOTION FOR CONTINUANCE NOW, comes the Defendant, Gannon T. Kupko, by his attorney, Nathan C. Wolf, Esquire, and presents the following motion for continuance of hearing, representing as follows: 1. The defendant is Gannon T. Kupko, an adult individual residing in Lewisberry, York County, Pennsylvania. 2. The plaintiff is Natasha N. Bender, an adult individual residing at 405 Hummel Avenue, Apartment 2, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The parties are the natural parents of one child, Austin Trent Kupko, age two years months, born March 4, 2000, out of wedlock. 4. Plaintiff filed a petition to modify custody on or about August 20, 2003. 5. Thereafter, on October 2, 2003, a conciliation conference was held before Melissa P. Greevy, Esquire, custody conciliator whereupon both parties were present and represented by counsel. 6. At the conference, the parties agreed to cooperate in the performance of a custody evaluation by the firm of Riegler, Shienvold & Associates. 7. The parties have initiated and are currently undergoing said evaluation. 8. Subsequent to the conference, this Court issued an Order on October 13, 2003, directing the parties to submit to the custody evaluation, and scheduling a hearing date of February 6, 2004 at 8:30 o'clock a.m. before Judge Guido. 9. Defendant's last meeting with the custody evaluator is scheduled for February 5, 2004. 10. Since the defendant's last meeting with the custody evaluator is not scheduled to occur until only one day prior to the hearing date, it is anticipated that the report will not be ready and that the parties will be unable to adequately prepare for the hearing. 11. Furthermore, the parties had requested that they be able to reconvene the conciliation process by submitting a written request to the conciliator within ten (10) days of the issuance of the evaluator's report, and said request was incorporated in the Court's Order of October 13, 2003. 12. In light of the foregoing, Defendant requests that hearing scheduled for February 6, 2004 be cancelled and rescheduled for a date at least forty-five (45) days after that date. 13. Counsel for the defendant has sought concurrence from Plaintiff's counsel in the instant motion and such concurrence has been given. 14. Defendant believes and therefore avers that the permanent welfare and the best interests of the child will be served by granting the instant petition. WHEREFORE, Defendant, Gannon T. Kupko, respectfully requests that this Honorable Court enter an order canceling the hearing scheduled for February 6, 2004, and to schedule a new hearing date at least forty-five days after February 6, 2004 so that the evaluator's report may be completed and that the parties may have adequate time to review the report prior to the hearing. January 22, 2004 .... ~~'/ WOLF LAW OmCE (~At~rney for Petitioner/Defendant SUPREME COURT ID NO. 87380 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 VERIFICATION I, the undersigned, do hereby verify I am counsel for Defendant, and the facts set forth in this motion are true and correct to the best of my knowledge and belief. 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. Janua~ 22,2004 "~._ than .C:W~_ if Co'rinser'for Defendant Gannon T. Kupko NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 38 EAST HIGH STREET CARLIELE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT NATASHA N. BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff v. GANNON T. KUPKO, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 328 CIVIL TERM : : CUSTODY CERTIFICATE OF SERVICF I, Nathan C, Wolf, Esquire, have served a true and correct copy of Defendant's Motion for Continuance upon the following person and in the matter indicated: .SERVICE BY U.S. MAll; Jerry A. Philpott, Esquire P.O. Box 116 Duncannon, PA 17020 (Attorney for Plaintiff) Date: IRWIN LAW OFFICE that~r _~Lf,-~qUire Sup~ern~..r¢~, ID No. 87380 ~.SOUTi~~ PITT STREET CARLISLE PA 17013 (717) 243-6090 Attorney For Defendant NATASHA N. BENDER, Plaintiff GANNON T. KUPKO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 328 CIVIL TERM : CUSTODY ORDER OF COURT AND NOW, this ~'~'~" day of ~ 2004, upon consideration of the attached motion, it is hereby ordered that the hearing scheduled for February 6, 2004 at 8:30 o'clock a.m. be CANCELLED, and that a hearing be scheduled for the ~, day of '~, 2004, at .~:_~ o'clock ~.m. in Courtroom ,~'of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania. The parties shall be required to submit their memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. All remaining previsions of this Court's order of October 13, 2003 shall remain in full force and effect. Edward E. Guido, J. Distribution: ,/~erry A. Philpott, Esquire, P.O. Box 116, Duncannon PA 17020 v/Nathan C. Wolf, Esquire, 64 South Pitt Street, Carlisle, PA 17013 NATASHA N. BENDER, Plaintiff VS. GANNON T. KUPKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 02-328 CIVIL TERM CIVIL ACTION - CUSTODY MOTION FOR CONTINUANCE NOW, comes the Plaintiff, NATASHA N. BENDER, by her attorney, Jerry A. Philpott, Esquire, and presents the following motion for continuance of hearing, representing as follows: 1. Hearing in this matter was rescheduled not long ago because the evaluator's report was late in arriving and there was no point in holdintg the hearing until the report was available. 2. The rescheduled date for the hearing, Friday April 2, 2004, conflicts with a previously-scheduled bench trial in Perry County. 3. I did not immediately raise the scheduling conflict because we still did not have an evaluation report, but that has now arrived. It is relatively neutral and the parties are weighing their options. However, I must now deal with the scheduling issue. 4. Opposing counsel, Nathan Wolf, Esquire, does not: oppose a rescheduling. 5. The parties may - but have not yet - ultimately decide to allow the present order to stand. I will obviously notify the court if there is no need for the hearing at all. Dated: March 22, 2004 WHEREFORE, Jerry A. Philpott, Attorney for Plaintiff, respectfully requests that this Honorable Court enter an order canceling the hearing schedul~:l for April 2, 2004, and to schedule a new heating date. _~ ~icannon, PA 17020 NATASHA N. BENDER, Plaimiff VS. GANNON T. KUPKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 02-328 CIVIL TERM CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Jerry A. Philpott, Esquire, have served a tree and correct copy of Plaintiff's Motion for Continuance upon the following person and in the matter indicated: Date: SERVICE BY U.S. MAIL: Nathan C. Wolf, Esquire 37 South Hanover Street Suite 201 Carlisle, PA 17013 (Attorney for Defendant) NATASHA N. BENDER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GANNONT. KUPKO, : 02-0328 CIVIL TERM AND NOW, this ORDER OF COURT' day of April, 2004, at the request of the plaintiff, her petition to modify custody is deemed to be withdrawn. ¢'J'~rry A. Philpott, Esquire 227 No. High Street P.O. Box 116 Duncannon, PA 17020-0116 For Plaintiff ¢l~athan C. Wolf, Esquire 37 S. Hanover Street Carlisle, PA 17013 For Defendant By the ~ Edward E. Guido, J. :sal Jerry A. Philpott, Esquire Deborah McQuay, paralegar LAW OFFICE OF ATTORNEY.AT-LAW 227 No. High St., PO Box 116 Duncannon, PA 17020-0116 717 834-3087 FAX 834-5437 Taryn Dixon Court Administrator Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 March 31, 2004 File no. 02-01-19 Re: Bender v. Kupko No. 02y~. (custody) Dear Court Administrator: I am counsel for the moving party in Bender vs. Kupko, which most recently had a hearing scheduled for April 2, although a continuance motion is pending at the moment. The movant has decided that she doesn't need the hearing. This is based upon a custody evaluation that was received and the parties have considered which suggests no change at this time. Defendants counsel, Nathan Wolf, concurs in not having a hearing. Please take this off the calendar, and, if the continuance motion is still pending, I am withdrawing it. Sincerely, Jerry A. Philpott CC: Ms. Natasha N. Bender Honorable Edward E. Guido, Judge Nathan C. Wolf, Esquire 37 S. Hanover Street Carlisle, PA 17013 NATASHA N. BENDER, Plaintiff VS. GANNON T. KUPKO, '~efendant 0'7 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: 02 328 CIVIL TERM CIVIL ACTION - CUSTO1)Y ORDER AND NOW, this day of ,2004, upon consideration of the attached motion, it is hereby ordered that the heartne scheduled fi)r April 2, 2004 at 8:30 a.m. in Courtroom, ol the Cumberland County Courthousb~,~e CANCELLED, and that a hearing be rescheduled lbr the day of 04, at ~ :~ ~ o clock ~.m. in Courtroom of the Cumberland Cou se, lisle, Cuml*erland' · County, Pennsylvania.  BY THE COURT: CC: Nathan C. Wolf, Esquire 37 South I lanovcr SU'eet Suite 201 Carlisle, PA 17013