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BITNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BENJAMIN F. BITNER DEFENDANT 05-374 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 27, 2005 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 25, 2005 _ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be, made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children aRe 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/ Hubert X. Gilroy, 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 schedulec 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 rvr' EHI 'j Ir I C, I IV ti JODY L. BITNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW BENJAMIN F. BITNER, : NO. 2005 - 374 Defendant : IN CUSTODY COURT ORDER AND NOW, this 2 n A day of March, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Jody L. Bitner, and the father, Benjamin F. Bitner, shall enjoy shared legal custody of the minor child, Rogue B. Bitner, born December 6, 2002. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody with the minor child at such times and under such circumstances as agreed upon by the parties. 4. In the event either party is dissatisfied with this order, that party may petition the Court to have the case again scheduled for a conference with the Custody Conciliator. 5. Father shall provide mother with contact information so that he can be reached in the event of an emergency, this information to include a good mailing address and phone number. This provision, however, recognizes that father may be out of the country as a result of his military status and, on occasion, may not be able to be contacted. cc: ael A. Scherer, Esquire ennifer Hoffman, Esquire q 030705 uV rr" rn7rom r/) ? ? 1' _ ' C:J i .. 1 .? ?;? z (- t} (? .,1 r' ` . J ? ?t _? ` ? JODY L. BITNER, Plaintiff v BENJAMIN F. BITNER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005 - 374 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Rogue B. Bitner, born December 6, 2002. 2. A Conciliation Conference was held on February 25, 2005, with the following individuals in attendance: The mother, Jody L. Bitner, with her attorney, Michael A. Scherer, and attorney Jennifer Hoffman who appeared on behalf of the father, Benjamin F. Bitner. 3. The parties agree to the entry of an order in the form as attached. DATE Hubert X. Custody C (??,?-? a'rt' Jodi L. Bitner, Plaintiff/Respondent, V. Benjamin F. Bitner, Defendant/Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-374 CIVIL, TERM Civil Action-Law In Custody EMERGENCY PETITION FOR SPECIAL RELIEF UNDER Pa.R.C.P. No. 1915.13 NOW comes, the Petitioner, Benjamin F. Bitner, by and through his attorney, Jennifer Hoffman, Esquire of the Trgovac Law Office and in support of his Petition for Special Relief Pursuant to Pa.R.C.P. No. 1915.13 respectfully represents: 1. Petitioner is Benjamin F. Bitner, an adult individual who resides at 1823 Rose Ridge Road, Jackson Springs, North Carolina, 27281. 2. Respondent is Jodi L. Bitner, an adult individual who resides at 1142 Newville Road, Carlisle, Pennsylvania, 17013. 3. The parties are the natural parents of Rogue B. Bitner, born December 6, 2002, (hereinafter referred to as the "child,") who resides at 1142 Newville Road, Carlisle, Pennsylvania, 17013. 4. On March 2, 2005, an Order of Court was entered awarding shared legal custody of the minor child to Father and Mother and Primary Physical Custody of the Child to Mother, with periods of temporary physical custody to Father under such times and circumstances as agreed upon by the parties. 5. Since the entry of the March 2005 Order, Father was permitted to see the child over one weekend in May 2005 in the home of paternal grandparents in Greencastle, Franklin County, Pennsylvania. 6. Father is a Special Forces Soldier in the United States Army stationed at Fort Bragg, North Carolina. His duties require him to be out of the country for long periods of time. Most recently he was in Afghanistan from June 2005 until February 2006. When he is in the country, his unit is generally on alert, requiring him to remain within two hours of his assigned location. 7. Upon Father's return to the country in February, he attempted to schedule time with his son. Mother agreed to permit the child to travel to Fort Bragg with paternal grandparents for a weekend, but advised the day before they were scheduled to depart that the child was ill and could not travel. Mother waited until the following day, after they were in North Carolina, to telephone to say that he was better and could travel. 8. Beginning in April of this year, Father has repeatedly requested that the child be permitted to travel to Fort Bragg with paternal grandparents for a visit at the end of June. 9. Mother has refused Father's request, insisting that Father must come to Pennsylvania to see the child. 10. Because of his military duty and the requirement to remain within two hours of his current assigned location, Father is unable to travel to Pennsylvania. 11. Father received Orders on June 9, 2006 requiring him to travel to Colorado from July 17, 2006 until October 1, 2006. He will then be required to go directly to California until November 2006. 12. Father believes that he will be deployed out of the country in January 2007. 13. Father has not seen the child since May 30, 2005 due to his military assignments and Mother's refusal to cooperate in allowing Father to see the child. 14. If Father does not see the child during the proposed June trip to North Carolina, the earliest opportunity Father will have to see the child will be December 2006. WHEREFORE, Father respectfully requests that this Honorable Court enter the following Order of Court: a. Father shall have partial physical custody of the child from June 29, 2006 at 5:00 p.m. until July 10, 2006 at 10:00 a.m. Transportation for this period of physical custody shall be shared by Mother and paternal grandparents with exchanges at the Sheetz convenience store in Plainfield, Pennsylvania b. Mother shall cooperate with Father in arranging other periods of physical custody if he learns that he will be available again prior to being deployed out of the country, including permitting the child to travel with proper adult supervision, if necessary. Respectfully Submitted: TRGOVAC LAW OFFICE Date: j ? l Y: Je r ff nan, Esquire Att rney I.D. No. 90769 Professional Arts Building 25 Penncraft Avenue, Suite 310 Chambersburg, Pennsylvania 17201 Telephone: (717) 262-9091 Attorney for Defendant/ Petitioner VERIFICATION I, Beverly J. Bitner, POA for Benjamin F. Bitner, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn verification to authorities. Date: (??i 5 6? C cc eta Beverly J. POA for Benjamin F. Bitner CERTIFICATION OF SERVICE This is to certify that in this case, complete copies of all papers contained in the Petition for Special Relief under Pa. R.C.P. No. 1915.13 have been served upon the following persons by the following means on the dates stated: NAME AND ADDRESS MEANS OF SERVICE DATE Michael S. A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 Date: (p 16 2 ob Facsimile and U. S. Mail 6/16/06 Je r H ffman, E quire Attorney for Defendant u CD JODI L. BITNER, Plaintiff V. BENJAMIN F. BITNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-374 CIVIL TERM ORDER OF COURT AND NOW, this 19'h day of June, 2006, upon consideration of Defendant's Emergency Petition for Special Relief under Pa. R.C.P. 1915.13, a hearing is scheduled for Tuesday, June 20, 2006, at 9:20 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Michael Scherer, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff ,,iennifer Hoffman, Esq. Professional Arts Building 25 Penncraft Avenue Suite 310 Chambersburg, PA 17201 Attorney for Defendant ?o J :rc BY THE COURT, `<<? Q t ? f;i r ?u '?? r, JODY L. BITNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BENJAMIN F. BITNER, IN CUSTODY Defendant 2005-374 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of June, 2006, upon consideration of Defendant's Emergency Petition for Special Relief under Pa. R.C.P. No. 1915.13, and pursuant to an agreement reached in open court in the presence of the parties' counsel, it is ordered and directed as follows: Father shall have partial physical custody of the child from June 30, 2006, at 9:00 p.m. until the evening of July 7, 2006, upon the return of the child from North Carolina. Transportation for this period of physical custody shall be shared by mother and maternal grandparents with exchanges at the Sheetz Convenience Store in Plainfield, Pennsylvania. Mother shall have liberal telephone contact with the child during father's period of physical custody such that she may contact the child at father's home or on his grandparent's cell phone a minimum of two times per day. By the Court, ?I"ilchael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 For the Plaintiff vKennifer Hoffman, Esquire The Professional Arts Bldg. 25 Penn Craft Ave, Ste 310 Chambersburg, PA 17201 For the Defendant pcb 1?1 0V W ? , i T.r ? ;,.,,? ??,.;+ i ;J JODY L. BITNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BENJAMIN F. BITNER, IN CUSTODY Defendant 2005-374 CIVIL TERM AMENDING ORDER OF COURT AND NOW, this 29th day of June, 2006, upon relation from the office of counsel for Defendant that an amendment to the order of court dated June 20, 2006, in the above-captioned matter is necessary to reflect the intention of the parties, the said order of Court is amended by the substitution of the following for the sentence reading "Transportation for this period of physical custody shall be shared by mother and maternal grandparents with exchanges at the Sheetz Convenience Store in Plainfield, Pennsylvania": Transportation for this period of physical custody shall be shared by mother and paternal grandparents with exchanges at the Sheetz Convenience Store in Plainfield, Pennsylvania. In ALL other respects, the order of Court dated June 20, 2006, shall remain as previously entered. By the Court, ichael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 For the Plaintiff ?nnifer Hoffman, Esquire The Professional Arts Bldg. 25 Penn Craft Ave, Ste 310 Chambersburg, PA 17201 For the Defendant pcb 1 r ?b 00 :1 P?tl ? Jodi L. Bitner, Plaintiff/Respondent, V. Benjamin F. Bitner, Defendant/Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-374 CIVIL TERM Civil Action-Law In Custody PETITION TO MODIFY CUSTODY ORDER NOW comes, the Petitioner, Benjamin F. Bitner, by and through his attorney, Jennifer Hoifinan, Esquire of the Trgovac Law Office and in support of his Petition respectfully represents: Petitioner is Benjamin F. Bitner, an adult individual whose permanent address is 1823 Rose Ridge Road, Jackson Springs, North Carolina, 27281. However, Petitioner is a Special Forces Soldier in the United States Army. He is stationed at Fort Bragg, North Carolina, but his duties often require him to be away from the base, either deployed out of the country or in other locations for special training. 2. Respondent is Jodi L. Bitner, an adult individual who resides at 1142 Newville Road, Carlisle, Pennsylvania, 17013. The parties are the natural parents of Rogue B. Bitner, born December 6, 2002, (hereinafter referred to as the "child,") who resides at 1.142 New-Ville Road, Carlisle, Pennsylvania, 17013. 4. On March 2, 2005, an Order of Court was entered awarding shared legal custody of the minor child to Father and Mother and Primary Physical Custody of the Child to Mother, with periods of temporary physical custody to Father under such times and circumstances as agreed upon by the parties. Since the entry of the March 2005 Order, Father has had only two periods of custody with the child. The first was one weekend in May 2005 in the home of paternal grandparents in Greencastle, Franklin County, Pennsylvania. The second was in July 2006 when Mother agreed to allow paternal grandparents to transport the child to North Carolina to see the child only minutes before the hearing of Father's Petition for Special Relief before this Court to allow the trip. 6. Father's military duties often require him to be in locations where he is unable to communicate for long periods of time. He is currently in a remote location in Colorado training, where he has been since July. He will be sent to Alaska for another alpine training in early October 2006. He expects to be deployed out of the country in January 2007. 7. Father's military duties make it difficult, if not impossible, for him to contact Mother to work out a schedule of custodial periods. Father relies on his own mother to assist him in these arrangements. 8. Mother has refused to speak to Father's mother regarding Father's custody, demanding instead that he make arrangements himself. 9. Father will have approximately one week between his trainings in Colorado and Alaska when he will be able to exercise custody of his son. 10. The current custody order allows for Father to have physical custody of his son only at times when both parties agree. 11. Father seeks an Order that removes Mother's discretion from his ability to see his son, allowing him to have a more active role in his son's life. WHEREFORE, Father respectfully requests that this Honorable Court enter the following Order of Court: a. When Father is between off-base military assignments, Father shall have the right to exercise partial physical custody of the child for seven consecutive days with reasonable advance notice to Mother. b. When Father is on base, the parties shall share physical custody of the child on a week on, week off basis. c. Transportation shall be shared by the parties. Paternal grandparents shall be permitted to assist the parties in transporting the child as necessary. Respectfully Submitted: TRGOVAC LAW OFFICE Date: oZ4 oZtJa ?° By: C)11-? U4?-? Je r ffman, Esq re A ey I.D. No. 90769 Professional Arts Building 25 Penncraft Avenue, Suite 310 Chambersburg, Pennsylvania 17201 Telephone: (717) 262-9091 Attorney for Defendant/ Petitioner VERIFICATION I, Beverly J. Bitner, POA for Benjamin F. Bitner, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn verification to authorities. Date: y/ ?..?Cryc.u> Beverly J her, POA for Benjamin F. Bitner CERTIFICATION OF SERVICE This is to certify that in this case, complete copies of all papers contained in the foregoing document have been served upon the following persons by the following means on the dates stated: NAME AND ADDRESS Michael S. A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 Date: 2 Z J MEANS OF SERVICE DATE First Class U. S. Mail 9/22/06 Otl? a= J fifer offman, Esquire Xftorney for Defendant H O a w cr to Z QC F- W W 2 Y to Q Q F- U W W N z Q F- w -10 CL F- F- O CL W w F- F- U Q LL O U WW a- mN Ln LO O TO0T NLL t- 00 L) uJ J It LO LO -m O N N CL D O 00 i U 0 F- 3 LL 2 F- (n LJJ LL1 - 00 Qz Q - F- - ? to N LL Ln w W LL J W - C7 0 LL Z Q 0- Ucn 0 < I Lid N M 0 N LLL JJ / C Y) T M M O Q w c W 6 c G ? J za F- -10 Q F- CC w w - LLJ LL F- M LY ch LL N Q- Wl Q- 0 F- cn U a- Ln LL7 N T T X LO co C rr ?? -r? N t? f f *-_ 't7 \ ?? © ??_ t . ? ? y,? a ? ? ? "?. ? W .,? ? U', ('" 0 ?? ?? ?? ?- _ c.y ?i w j rs? =-a JODI L. BITNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BENJAMIN F. BITNER DEFENDANT 05-374 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 27, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 19, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Hubert X. Gilroy, Es q. 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 diNVATIV3 N]d LO :Z HJ R c9 `S 90OZ JODY L. BITNER, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BENJAMIN F. BITNER, Defendant To: Prothonotary : No. 2005-374 CIVIL TERM IN CUSTODY PRAECIPE WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Date: I z - l3. dL W? Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Jody L. Bitner, Plaintiff in the above- captioned matter. tfully Date: submitte , ca? ndsay Dare ' d, Es ire 37 South Hano er Street Carlisle, PA 17013 (717) 243-5732 Q r -n r-I Jodi L. Bitner, PlaintifflRespondent, V. Benjamin F. Bitner, Defendant/Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-374 CIVIL TERM Civil Action-Law In Custody EMERGENCY PETITION FOR SPECIAL RELIEF UNDER Pa.RC.P. No. 1915.13 NOW comes, the Petitioner, Benjamin F. Bitner, by and through his attorney, Jennifer HoiJ'man, Esquire of the Trgovac Law Office and in support of his Petition for Special Relief Pursuant to Pa.R.C.P. No. 1915.13 respectfully represents: 1. Petitioner is Benjamin F. Bitner, an adult individual who resides at 1823 Rose Ridge Road, Jackson Springs, North Carolina, 27281. 2. Respondent is Jodi L. Bitner, an adult individual who resides at 80 Altiers Road, Carlisle, Pennsylvania, 17013. 3. The parties are the natural parents of Rogue B. Bitner, born December 6, 2002, (hereinafter referred to as the "child,") who resides at 80 Altiers Road, Carlisle, Pennsylvania, 17013. 4. On March 2, 2005, an Order of Court was entered awarding shared legal custody of the minor child to Father and Mother and Primary Physical Custody of the Child to Mother, with periods of temporary physical custody to Father under such times and circumstances as agreed upon by the parties. 5. Since March 2005, Mother has agreed to allow Father to see the child in his own home on one occasion, and such agreement occurred only after Father filed a Petition for Special Relief requesting the visit. 6. Due to the difficulty Father has experienced in his efforts to see the child, Father filed a Petition to Modify Custody on or about September 22, 2006. 7. A Conciliation Conference was held on November 27, 2006. The parties' agreed that Father would exercise partial physical custody of the child commencing December 26, 2006 at 8:30 a.m. and ending January 1, 2007 at 5:00 p.m. with exchanges to occur at the Sheetz Convenience Store in Plainfield, Pennsylvania. The Conciliator directed Father's Attorney to send a letter to Mother's Attorney, Michael Shearer, Esquire, confirming this visit and also to attempt to reach agreement on a schedule of visits through May 2006. To date, no Temporary Order has been entered. 8. Father's counsel, in a letter to Mr. Shearer dated November 28, 2006, attempted to confirm the December visit. A true and correct copy of said letter is attached hereto as Exhibit A. 9. On or about December 8, 2006, Mother's counsel was advised by Attorney Shearer that he no longer represented Mother. He further advised that she was now represented by Lindsay D. Baird, Esquire. 10. Upon receipt of an Entry of Appearance from Attorney Baird, Father's counsel attempted to confirm the December visit with Attorney Baird by faxing the letter to Attorney Shearer dated November 28, 2006 on or about December 19, 2006. A true and correct copy of the facsimile confirmation is attached hereto as Exhibit B. 11. Father has advised his undersigned counsel that he attempted to contact Mother directly to confirm the visit as well. 12. Father contacted his undersigned counsel on the morning of December 23, 2006 and advised that Mother had contacted him that morning indicating that she was unsure if she would permit the child to go with Father as agreed. 13. Father again contacted his undersigned counsel on the evening of December 23, 2006 and advised that Mother telephoned him at approximately 6:00 p.m. that evening to inform him that she would not turn the child over as agreed. He further advised that she did agree to transport the child to paternal grandparents' home in Greencastle Franklin County on December 26, 2006 for a brief visit to receive his Christmas gifts from Father, but that she insisted on supervising this visit herself. 14. On the morning of December 26, 2006, Father advised his undersigned counsel that Mother contacted him the previous evening offering to allow the child to spend the day at the home of paternal grandparents on the condition that Father sign a document stating that he would not remove the child from that residence. Father further advised that Mother stipulated that Father must pick up and return the child and that he must remain in the presence of maternal grandmother at all times. He further advised that upon his refusal to sign any document without advice of counsel, Mother refused to allow him to see the child at all. 15. Father has advised his undersigned counsel that he must return to Fort Bragg, North Carolina by the evening of December 26, 2006. WHEREFORE, Father respectfully requests that this Honorable Court enter the following Order of Court allowing Father to exercise partial physical custody of the child as agreed upon at Conciliation: a. Father shall have partial physical custody of the child from December 26, 2006 until January 2, 2007. b. Transportation shall be shared such that Mother will transport the child to Father on December 26, 2006 and Father or Paternal Grandparents will return the child to the Sheetz convenience store in Plainfield, Pennsylvania on January 2, 2007. Respectfully Submitted: TRGOVAC LAW OFFICE Date: LX 0 By: Je 'fer Hoffman, Esquire rney I.D. No. 90769 P V essional Arts Building 25 Penncraft Avenue, Suite 310 Chambersburg, Pennsylvania 17201 Telephone: (717) 262-9091 Attorney for Defendant/ Petitioner VERIFICATION I, Jennifer Hoffman, Esquire, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn verification to authorities. Date: f aZ z a 6 (.a L ? Je er offinan, Esq ire CERTIFICATION OF SERVICE This is to certify that in this case, complete copies of all papers contained in the Petition for Special Relief under Pa. R.C.P. No. 1915.13 have been served upon the following persons by the following means on the dates stated: NAME AND ADDRESS MEANS OF SERVICE DATE Lindsay Baird, Esquire Facsimile 12/26/06 37 South Hanover Street Carlisle, Pennsylvania 17013 Date: .2& Je fer , ffman, Es ire A( rney for Defendant November 28, 2006 Via Facsimile & U.S. Mail Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Re: Bitner Dear Attorney Scherer. I am writing to confirm the schedule our clients agreed to yesterday regarding my client, Ben Bitner's, period of custody with Rogue in December. It is my understanding that Mr.'Bitner, or his designee, will meet Mrs. Bitner at the Sheetz off the Plainfield Exit of I-81 at 8:30 a.m. on December 26, 2006 to pick up Rogue. He, or his designee, will return Rogue to the same location on January 1, 2007 at 5:30 p.m. Please contact me if this is not your understanding of the agreement. I will forward you a proposal regarding a schedule for the months of January through May by Monday. Very truly yours, Jennifer Hoffman, Esquire cc: client e, (0 F, I FAX 717 262 9095 TRGOVAC WX OFFICE ??001 12/19/2006 TUE 16:00 *** FAX TX REPORT *** ********************* TRANSMISSION OX JOB NO. 0973 DEPT. ID 341 DESTINATION ADDRESS 2438110 PSWD/SUBADDRESS DESTINATION ID ST. TIME 12/19 15:59 USAGE T 00'34 PGS. 3 RESULT OK Mw Prpfe=WW Arts Building TUMM J. 'llgovac, Esquire 25 Pamcr$t Avu, suite 310 X Teri Hall Stikocr, 8squire _PA 17201 IenmifwA. Hof un, Esquire Plane: (717) 262-9091 QW1e M. Bo"Nater, Esquire Fan: (717) 262-YM TRGO ICE sbaaor?1.. Martin, PwWk*d December 19, 2006 Via Facsimile & U.S. Mail Lindsay D. Baird, Esquire 37 South Hanover Street Carlisle:, PA 17013 Re: Bitner Dear Attorney Baird: I am in receipt of your entry of appearance in this matter. Please find enclosed a letter sent to Mrs. Bitner's prior counsel, Michael Shearer, to confirm the schedule agreed to at Conciliation by Mr. and Mrs. Bitnr r regarding Mr. Bitner's period of custody with Rogue in December. I did not receive a'response from Mr. Shearer. Please confirm that Mrs. Bitner intends to make Rogue available at the Sheetz in Plainfield at 8:30 a.m. on December 26, 2006. Mr. Bitner proposes the following dates and times for his periods of custody with Rogue over the next several months: January 12-15, 2007 February 16-23, 2007 March 30-April 2, 2007 April 13-20,2007 May 25-29,2007 June 15-22, 2007 July 1-5,2007 August 31- September. 4. 2007 E??kB Mr. Bitner would also like to exercise a longer period of partial physical custody at some point during the months of September and October, 2007. He will have fifteen days of leave around 4ok ,.1 r Jodi L. Bitner, P1aintiffiRespondeM V. Benjamin F. Bitner, Defendant/Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-374 CIVIL TERM Civil Action-Law In Custody ORDER OF COURT Jl I C 0Jn r ?i eJ"c L w I ?4 c ?-. SC 1 AND NOW, this day of December, 2006 after g in the above referenced matter regarding PlaintiifiPetitioner's Petition for Special Relief under Pa.R.C.P. No. 1915.13 the Court enters the following Order: 1. Father shall have partial physical custody of the child from December 26, t' 2006 until January-9, 2007. 2. Transportation shall be shared such that Mother will transport the child to Father on December 26, 2006 and Father or Paternal Grandparents will return the child to the Sheetz convenience store in Plainfield, Pennsylvania on Januaryl, 2007 zf S : o y By the Court, Arl { L Mal ?,i AC) JODI L. BITNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-374 CIVIL ACTION - LAW BENJAMIN F. BITNER, IN CUSTODY Defendant ORDER AND NOW, this day of June, 2007, the above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. 1-2e ? & u"flubert X. ' roy, Esquire Custody onciliator .j8 :Z Wd 8Z NAr LOOZ AC3ViGNUHL " C ?O 331..440-Q2