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HomeMy WebLinkAbout87-0069,AURIE A. MATTHEWS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 69 CIVIL 1987 )OUGLAS A. BENDER, SR., ) Defendant ) CUSTODY ORDER AND NOW, this Z2"Jday of ~ , 1992, upon receipt of the conciliator's report in this matter, it appearing that the parties before the conciliator and agreed upon the entry of this order, we hereby order as follows: 1. Primary legal custody of tile minor children, Douglas h. Bender, born October 30, 1980, and Melanie A. Bender, born January 14, 1982, is awarded to their mother, the Plaintiff, Laurie h. Matthews. The mother is directed, however, before making any important decisions of a non-emergency nature, to consult with the father of the children, the Defendant, Douglas h. Bender, Sr., and, to the extent possible, consider his desires and input in such decisions. 2. Primary physical custody of the minor children is hereby awarded to their mother, the Plaintiff, Laurie A. Matthews. 3. The father of the children, the Defendant, Douglas h. Bender, Sr., is hereby awarded temporary custody of the children on the following schedule: A. A period of at least seven (7) days over the children's school vacation each December. In odd-numbered years that period shall include at least eight (8) hours on tile 25th of December. B. A period of three (3) consecutive weeks during the summer of 1993. Unless the parties agree otherwise, a like period of three (3) consecutive weeks each summer thereafter until further order of court. It is contemplated by the parties that, if the summer period of temporary custody exercised in 1993 goes well, they will attempt to expand the father's time with the children in subsequent summers. This Court will retain jurisdiction of this matter for purposes of expanding the summer visitation, as appropriate, in line with the provisions of this sub-paragraph. Unless the parties agree otherwise, the father's period of temporary custody with the children during the summer shall commence on the second Saturday following the children's release from school in June. 4. This order is entered in the expectation that the mother will move, with the children, to Nevada in August of 1992 and that the children will be enrolled in school in Nevada which will operate on a normal 9-month school term. The parties recognize there is some chance that the children's school schedule, or the schedule of one of the children, may involve the children being enrolled in school 11 or 12 months a year. In the event that one of the children is scheduled for such school and the father's schedule of temporary custody as provided for herein cannot be exercised without interruption of the child's or the children's school schedule, the parties may by agreement, or we will by order, modify this order to give reasonable effect to it in light of the children's school calendar. 5. Each of the parties will notify the other as to the whereabouts of the children. The mother shall advise the father of her home address in Nevada, the names and addresses of the schools that the children attend in Nevada, and her home and work telephone numbers in Nevada. The father shall notify the mother of his address and his lome and work telephone numbers and any changes in his address promptly. The father ;hall notify the mother of the address at which the children will be staying during each period of temporary custody at the commencement, or prior to the commencement, of each such period. 6. The parties will share transportation equally. Unless they agree otherwise, each will be responsible to provide the transportation when they pick up the children at either the commencement of or the end of a period of temporary custody. By the Court, / BradleYAttorneyL. Griffie, Esquire.,__ -- 7/~/q for Plaintiff ¢zJcg~a~ ~- Douglas A. Bender, St:, pro se Defendant ~ ~ 7/kS/q~ LAURIE A. MATTHEWS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA VS. ) ) NO. 69 CIVIL 1987 )OUGLAS A. BENDER, SR., ) Defendant ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess (13 March 1987) CONCILIATOR CONFR~ENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: CURRENTLY IN NAME BIRTHDATE CUSTODY OF Douglas A. Bender, Jr. 30 October 1980 Plaintiff/Mother Melanie A. Bender 14 January 1982 Plaintiff/Mother 2. A Conciliation Conference was held on 13 July 1992 and the following individuals were present: the Plaintiff and her attorney, Bradley L. Griffie, Esquire; the Defendant appeared without counsel. 3. Items resolved by agreement: All issues were resolved. 4. Both children have lived with the mother since separation. The present custody arrangement was confirmed by an order signed by Judge Hess in March of 1987. Since that time it appears that the father's contact with the children has been irregular and spotty. Typically, each parent blames the other for that problem. 5. The mother now desires to move to Nevada with her new husband. Both of them have arranged jobs in Nevada and they will live close to her new husband's family. The ~ther has researched the move to Nevada competently and seems prepared to provide Iroperly for the children. 6. The parties agreed upon an order which would allow the mother to move to ~evada and give the father reasonable periods of temporary custody back here in lvania. They even agreed to share the transportation, with each party responsible to provide the transportation when they pick up the children at the beginning or the end oX the visitation periods. 7. With the execution of the attached order, no hearing is necessary at this time. Date '~ /~'lq~' ~~o~t~quit LAURIE A. MATTHEWS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 69 CIVIL 1987 DOUGLAS A. BENDER, SR., ) Defendant ) CUSTODY ORDER AND NOW, this day of , 1992, upon receipt of the conciliator's report in this matter, it appearing that the parties before the conciliator and agreed upon the entry of this order, we hereby order as follows: 1. Primary legal custody of the minor children, Douglas A. Bender, born October 30, 1980, and Melanie A. Bender, born January 14, 1982, is awarded to their mother, the Plaintiff, Laurie A. Matthews. The mother is directed, however, before making any important decisions of a non-emergency nature, to consult with the father of the children, the Defendant, Douglas A. Bender, Sr., and, to the extent possible, consider his desires and input in such decisions. 2. Primary physical custody of the minor children is hereby awarded to their mother, the Plaintiff, Laurie A. Matthews. 3. The father of the children, the Defendant, Douglas A. Bender, Sr., is hereby awarded temporary custody of the children on the following schedule: A. A period of at least seven (7) days over the children's school vacation each December. In odd-numbered years that period shall include at least eight (8) hours on the 25th of December. B. A period of three (3) consecutive weeks during the summer of 1993. Unless the parties agree otherwise, a like period of three (3) consecutive weeks each summer thereafter until further order o~ court. It is contemplated by the parties that, if the summer period of temporary custody exercised in 1993 goes well, they will attempt to expand the father's time with the children in subsequent summers. This Court will retain jurisdiction of this matter for purposes of expanding the summer visitation, as appropriate, in line with the provisions of this sub-paragraph. Unless the parties agree otherwise, the father's period of temporary custody with the children during the summer shall commence on the second Saturday following the children's release from school in June. 4. This order is entered in the expectation that the mother will move, with the ichildren, to Nevada in August of 1992 and that the children will be enrolled in school in Nevada which will operate on a normal 9-month school term. The parties recognize there is some chance that the children's school schedule, or the schedule of one of the children, may involve the children being enrolled in school 11 or 12 months a year. In the event that one of the children is scheduled for such school and the father's schedule of temporary custody as provided for herein cannot be exercised without interruption of the child's or the children's school schedule, the parties may by agreement, or we will by order, modify this order to give reasonable effect to it in light of the children's school calendar. 5. Each of the parties will notify the other as to the whereabouts of the children. The mother shall advise the father of her home address in Nevada, the names and addresses of the schools that the children attend in Nevada, and her home and work telephone numbers in Nevada. The father shall notify the mother of his address and his home and work telephone numbers and any changes in his address promptly. The father shall notify the mother of the address at which the children will be staying during each period of temporary custody at the commencement, or prior to the commencement, of each such period. 6. The parties will share transportation equally. Unless they agree otherwise, .each will be responsible to provide the transportation when they pick up the children .at either the commencement of or the end of a period of temporary custody. By the Court, Jo Bradley L. Griffie, Esquire Attorney for Plaintiff Douglas A. Bender, Sr., pro se 'Defendant LAURIE A. BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 69 CIVIL 1987 : CIVIL ACTION - LAW DOUGLAS A. BENDER, SR., : Defendant : CUSTODY ORDER AND NOW, this J3~ day of /~~ , 1987, upon consideration of the attached Stipulation for Entry of Order granting Custody, Partial Custody and visitation of the parties minor children, the said Order is hereby approved and Custody, Partial Custody and visitation is awarded as set forth in the agreement with the same force and effect as if the same had been entered by the Court following an evidentiary hearing. The provisions of the attached agreement are hereby incorporated by reference. By the Court, / I LAURIEI A BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 69 CIVIL 1987 : CIVIL ACTION - LAW DOUGLAS A. BENDER, SR., : Defendant : CUSTODY STIPULATION FOR ENTRY OF CUSTODY AND VISITATION ORDER Laurie A. Bender and Douglas A. Bender, the parties above named, desiring to amicably settle and resolve their outstanding differences concerning custody, partial custody, and visitation of their minor children, Douglas A. Bender, Jr. and Melanie A. Bender, do hereby stipulate and agree to the entry of an order providing for custody, partial custody, and visitation with respect to their children as follows: 1. The parties shall share legal custody of their children. Legal custody shall be defined to mean the legal right to participate in making major decisions effecting the best interest of the children, including but not limited to medical, religious, and educational decisions. 2. Laurie A. Bender, the mother of the children, shall have primary physical custody of the children, subject to the rights of Douglas A. Bender, Sr., the father of the children, to partial custody and/or visitation as set forth in this order. 3. In general the father's partial custody of the children shall revolve around the mother's work schedule. The parties recognize at the present time the mother works a rotation of three days on and three days off without respect to what are normally considered weekends. When the mother's three day work period shall fall between Monday through Friday the father shall have partial custody of the children from 4:00 P.M. on each of the mother's working days until 7:00 A.M. the next morning. When the mother's working days embrace the normal weekend period, that being Friday evening through Sunday evening, the father shall be entitled to partial custody of the children from 4:00 P.M. on Friday until 7:00 A.M. on Sunday. 4. The parties shall alternate having custody of the children on the following holidays: New Years Day, Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving. The mother shall have custody of the children on Mother's Day, and the father shall have custody of the children on Father's Day. The Christmas holiday shall be divided into a Christmas Eve segment and a Christmas Day segment with one parent having custody on Christmas Eve, the other on Christmas Day and this arrangement alternating from year to year. 5. The father shall have the right to an uninterrupted period of ~ partial custody during the children's Summer school vacationk Father shall give the mother thirty days written notice of his intent to exercise this provision. 6. The father shall have the right to partial custody and/or visitation at such other additional times as the parties may agree upon from time to time. 7. This agreement and any Order of Court incorporating this agreement shall be subject to modification upon changed circumstances in accordance with the standards customarily applied to modification of custody orders under Pennsylvania Law. IN WITNESS WHEREOF, the parties have executed this agreement on the F3~ day of F~C~. , 1987. ' Laurie A. ~ender - ~Dougl~as A. Bender, Sr. LAURIE A. BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. ~ CIVIL 1987 : CIVIL ACTION - LAW DOUGLAS A. BENDER, SR. : Defendant : CUSTODY ORDER OF COURT You, Douglas A. Bender, Sr., Defendant, have been sued in court to obtain custody, partial custody or visitation of the children Douglas A. Bender, Jr. and Melanie A. Bender. You are ordered to appear in person at the Cumberland County Courthouse on the /~ ~ day of ~~ , 1987 at F! 30 o'clock ;~ .M. for a hearing. You are further ordered to bring with you the children Douglas A. Bender, Jr. and Melanie A. Bender. If you fail to appear as provided by this order or to bring the children, an order for custody, partial custody or visitation ~nay 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. Cumberland County Court Administrator Cumberland County Courthouse Third Floor Carlisle, PA 17013 (717) 249-1133 or 697-0371 By the Court, LAURIE A. BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. ~ CIVIL 1987 : CIVI~ACTION - LAW DOUGLAS A. BENDER, SR. : Defendant : CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Laurie A. Bender, an adult individual residing at RD #9 Box 44, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Douglas A. Bender, Sr., an adult individual residing at 318 3rd Street, West Fairview, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Presen~t Residence Birth Date Douglas A. Bender, Jr. RD #9 Box 44 10/30/80 Mechanicsburg, PA 17055 Melanie A. Bender RD #9 Box 44 1/14/82 Mechanicsburg, PA 17055 The children were not born out of wedlock. The children are presently in the custody of Plaintiff. During the past five years, the children have resided with the following persons and at the following addresses: Name -- Address Dates Plaintiff & Defendant West Fairview, PA 1980-Summer 1983 Plaintiff & Defendant Stough's Mobile Home Park Summer 1983- Mechanicsburg, PA July 1985 Plaintiff & Defendant 14 W. Simpson Street July 1985- Mechanicsburg, PA March 1986 Plaintiff & Defendant RD #9 Box 44 March 1986- Mechanicsburg, PA Nov. 1986 Plaintiff RD #9 Box 44 Nov. 1986- Mechanicsburg, PA Present The mother of the children is Plaintiff, currently residing at RD #9 Box 44, Mechanicsburg, Cumberland County, Pennsylvania. She is married. The father of the children is Defendant, currently residing at 318 3rd Street, West Fairview, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: Douglas A. Bender, Jr., Son and Melanie A. Bender, Daughter. 5. The relationship of Defendant to the children is that of Father. The Defendant currently resides with the following persons: Ruth Bender, Mother and Barry Bender, Father. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff is and always has been the children's primary care taker. 8. 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, Plaintiff requests the court to grant custody of the children. Respectfully submitted, GRIFFIE, TURO, BLANK & GRELL Attorneys for Plaintiff 16 North Market Street Mechanicsburg, PA 17055 (717) 766-1910 VERIFICATION I VERIFY that the statements made in this Complaint are true and correct to the best of my knowledge, information 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. LAURIE A. BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : CIVIL ACTION - LAW : NO. 69 CIVIL 1987 DOUGLAS A. BENDER, SR. : Defendant : CUSTODY AFFIDAVIT OF SERVICE The undersigned, an adult individual, certifies that he served a certified copy of the Complaint for Custody and Order for Hearing filed in this case upon by personally handing same to~~~' ~ ~ at ~ /~ _~ ~ -~~ ~~~ __K ~ , 1987 at on the 27 ~ day of __~ approximately ~.'0 ~ o'clock ~ .M. The undersigned further certifies that he is not a party to this action and has no interest in the outcome of the action. I verify that the facts set forth in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities- - Thomas J. P'eters Date Pennsylvania State Constable 52 Lori Circle Mechanicsburg, PA 17055 ALL-STATE LEGAL SUPPLY CO ONE COMMERCE DRIVE, CRANFORD, N.J 07016 LAURIE A. (BENDER) MATTHEWS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY· PENNSYLVANIA : v : NO. 69 CIVIL 1987 : DOUGLAS A. BENDER· SR., : CIVIL ACTION - LAW Defendant : CUSTODY AND NOW, '~~ ~, I~'3- , upon consideration of the attached complaint· it is hereby directed that the parties and their respective counsel appear before ~o~w%t~el L. ~~q , the conciliator· at ~5~ ~- ~k ~. ~Wn~/~ on the . ~tgday of .~~ · 1992· at ~ ~m., 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. FOR THE COURT, ~US~ODY CONCI~.I ~~ 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. Office of the Court Administrator Courthouse, 4th Floor Carlisle, PA 17013 (717) 240-6200 LAURIE A. (BENDER) MATTHEWS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW DOUGLAS A. BENDER, SR., : NO. 69 CIVIL 1987 Defendant : CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Laurie A. Matthews by and through her counsel, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner, Laurie A. Matthews (formerly Laurie A. Bender) is an adult individual currently residing at 980 Green Lane, Mechanicsburg, Cumberland County, Pennsylvania, and is the Plaintiff named in the above captioned action. 2. Your Respondent is Douglas A. Bender, Sr., an adult individual whose current address is 105 Water Street, Summerdale, Cumberland County, Pennsylvania, and is the Defendant in the above captioned action. 3. The parties are the natural parents of two children; namely Douglas A. Bender, Jr., born October 30, 1980, and Melanie A. Bender, born January 14, 1982. 4. The parties are party to a Stipulation regarding custody and visitation which was made an Order of Court dated March 13, 1987, a copy of which Stipulation and Order is attached hereto and incorporated herein by reference as Exhibit "A". 5. Your Petitioner and her family, including the parties' two minor children, are moving to the State of Nevada which will necessitate a change in the visitation or temporary custody schedule currently in effect between your Respondent and the parties' minor children. 6. For the last five years and since the entry of the prior Order dated March 13, 1987, the children have resided with your Petitioner at 980 Green Lane, Mechanicsburg, Cumberland County, Pennsylvania, and with their step-father, Joseph A. Matthews, III. 7. Your Petitioner is not aware of any other parties who claim rights to or an interest in visitation and custody of the parties' minor children. 8. Your Petitioner is not aware of any other proceedings concerning custody of the children in this Court or any Court in any other jurisdiction. WHEREFORE, Petitioner requests your Honorable Court to schedule a conciliation for purposes of securing a new visitation or temporary custody arrangement for the Respondent. Respectfully submitted, GRIFFIE & ASSOCIATES ie, Esquire Attorney for Petitioner 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~// ' LAURIE A. BW. NDER MATTHEWS LAURIE A. BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 69 CIVIL 1987 : CIVIL ACTION - LAW DOUGLAS A. BENDER, SR., : Defendant : CUSTODY ORDER AND NOW, this J3 ~ day of /~ '~ , 1987, upon consideration of the attached Stipulation for Entry of Order granting ICustody, Partial Custody and visitation of the parties minor children, !!the said Order is hereby approved and Custody, Partial Custody and !visitation is awarded as set forth in the agreement with the same iforce and effect as if the same had been entered by the Court ifollowing, an evidentiary hearing. The provisions of the attached agreement are hereby incorporated by reference. By the Court, Exhibit "A" LAURIE A BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 69 CIVIL 1987 : CIVIL ACTION - LAW DOUGLAS A. BENDER, SR., : Defendant : CUSTODY STIPULATION FOR ENTRY OF CUSTODY AND VISITATION ORDER Laurie A. Bender and Douglas A. Bender, the parties above named, desiring to amicably settle and resolve their outstanding differences concerning custody, partial custody, and visitation of their minor children, Douglas A. Bender, Jr. and Melanie A. Bender, do hereby stipulate and agree to the entry of an order providing for custody, ~'partial custody, and visitation with respect to their children as follows: 1. The parties shall share legal custody of their children. Legal custody shall be defined to mean the legal right to participate in making major decisions effecting the best interest of the children, including but not limited to medical, religious, and educational decisions. 2. Laurie A. Bender, the mother of the children, shall have primary physical custody of the children, subject to the rights of Douglas A. Bender, Sr., the father of the children, to partial custody and/or visitation as set forth in this order. 3. In general the father's partial custody of the children shall revolve around the mother's work schedule. The parties recognize at the present time the mother works a rotation of three ~ays on and three days off without respect to what are normally considered weekends. When the mother's three day work period shall fall between Monday through Friday the father shall have partial custody of the children from 4:00 P.M. on each of the mother's working days until 7:00 A.M. the next morning. When the mother's working days embrace the normal weekend period, that being Friday evening through Sunday evening, the father shall be entitled to partial custody of the children from 4:00 P.M. on Friday until 7:00 A.M. on Sunday. 4. The parties shall alternate having custody of the children on the following holidays: New Years Day, Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving. The mother shall have custody of the children on Mother's Day, and the father shall have custody of the children on Father's Day. The Christmas holiday shall be divided into a Christmas Eve segment and a Christmas Day segment with one parent having custody on Christmas Eve, the other on Christmas Day and this arrangement alternating from year to year. 5. The father shall have the right to an uninterrupted period of ~_/~/w~ partial custody during the children's Summer school vacation~ Father shall give the mother thirty days written notice of his intent to exercise this provision. 6. The father shall have the right to partial custody and/or visitation at such other additional times as the parties may agree upon from time to time. 7. This agreement and any Order of Court incorporating this agreement shall be subject to modification upon changed circumstances in accordance with the standards customarily applied to modification of custody orders under Pennsylvania Law. IN WITNESS WHEREOF, the parties have executed this agreement on the ~Z~ day of F~c~ , 1987. Laurie . Bender v ~Dougl s A. Bender, Sr. ~' LAURIE A. (BENDER) MATTHEWS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : DOUGLAS A. BENDER, SR., : NO. 69 CIVIL 1987 Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ~day of July 1992, comes Bradley L. Griffie, Esquire, Attorney for Plaintiff, and states that he personally mailed a certified and true copy of a Petition for Modification of Custody to Douglas A. Bender, Sr., at 105 Water Street, Summerdale, Pennsylvania, by certified and restricted mail, return receipt requested. A copy of said receipt is attached hereto indicating service was made on June 24, 1992. Br~L~ Gr'iffie, Esqulr GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, Pennsylvania 71013 (717) 243-5551 Sworn and subscribed to this ~L day of July, 1992. I Nota~ ~ ..'! Fio~J.~,~Put~ Carl;,sle Bom, Cu .rnbe .~.County My C, cmmis~, n'Expires ~ 17,1995 P 302 648 ~32 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ~ Sent Id% . Street and No...~J- "' ~. State and ZIP Code = Postage I - [ S ~idifled Fee ~ Special Delivery Fee Res/rmcted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. ' Date, and Address of Delivery ~ TOTAL Posta~ ~ %. S PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V :CIVIL ACTION - LAW · Defendant :CUSTODY/VISiTATION ORDER OF COURT AND NOW, this ~d~a~e)~O, '993 , upon consideration of the attached complaint, it is hereby directed that the parties a~d their respective counsel appear before ~c~l ~, ~¢j O~. , on the ~ day of ~ ~~ , 19 ~3 , at ~ ~. M., for a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or pe~anent order. FOR THE COURT: Custody Conciliator ~'/~pf 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (71 7) 240-6200 DOUGLAS A. BENDER, SR., IN THE COURT OF COMMON Plaintiff ~_LEAo OP CUMBERLAND vs. 00~NTY, PENNSLVANIA LAURIE A. MATTHEWS, No. 69 CIVIL 1987 Defendant CUSTODY I?ETITION FOR CONTEMPT 1. The Defentant, Laurie A. Matthews, is in contempt under Order with the temporary custody of the children being awarded to the father, the Plaintiff, Douglas A. Bender, Sr. A. A period of three (3) consecutive weeks during the summer of 1993. Unless the parties agree otherwise, a like period of three (3) conseeutive weeks each summer thereafter until luther order of court. Unless the parties agree otherwise, the father's period o£ temp- orary custody with the children during the summer shall commence on the second Saturday following the children's release from school in June. The Defendant, Laurie A. Matthews, did not make any attempt to do so, The ~laintiff Douglas A. Bender, Sr., called and the Defendant ~ould not talk or return his calls. 2. The Defendant, Laurie A. Matthews, is in Contempt under Order #5. A. The Defendant, Laurie A. Matthews, did not notify the ?laintiff, Douglas A. Bender, Sr., of the childrens home address or phone number. The mother did not give the father the names and addresses of the schools in Nevada. The mother also did not give the father her work number. The father was not given any school reports either. AFFIDAVIT CERT. OF SERVICE EXHIBIT A. /,~ ] CAR~I.Yt',t A.,YOUI',IG, NO')'ARY PUgLIC ..~('"~,~[.~...~ ~,'/'J~ ._ j CARLISLE ~OROUGH, CU~!~RI~ND COUNTY ~ MY COMMISSION EXPIRES APRIL 22, 1997, LAURIE A. HATTHEWS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA VS. ) ) NO. 69 CIVIL 1987 A. BENDER, SR. ) DOUGLAS Defendant ) CUSTODY O~DEn AND NOW, this ~ 2"Jday of ! ~ , ]992, upon receipt of the conciliator's report in this matter, it appearing that the part.ies before the conciliator and agreed upon the entry of this order, we hereby order as follows: 1. Primar~ legal custody of the minor children, Doug]as A. Bender, born October 30, 1980, and Melanie a. Bender, born January 14, ]982, is awarded to their mother, the Plaintiff, Laurie A. Matthews. The inothe~' i~; directed, however, before m~king any important decisions or a non--emergency [~-~t~}r'e, to consult with the father o[ the children ...... the I)el~endant I)ougla~; .~ B(~nctei', Si' and to the extent', pc>,',"-lt)le, consider his desires and input: 2. Primary physic~al custod7 of the ~,i~or cl'ti!dren Js he~'eby awarded t.o t'heir mother, the Plaintiff, I.,aurie ~. gat. t.l~ews. ~ 3. The father of the children, the Defendant, Douglas A. Bender, S~'., i~; hereby ~awarded temporary custody of the chi]dr'eh on the fo]lowing schedule: A. ~ period of at least seven (7) day~; over the children's school vacation each December. In odd-numbered year's that p~:riod shall ;include at ].east eight. (8) hours on the 25th of December'. B. A period of three (3) consecutive week~; during the summer of 1993. Unless the parties agree otherwise, a l~ke per]od of three (3) consecutive weeks each su,nmet' thereaft~er until contemplated by t. he parties that, il' the :~mnm~.r perio(I of l;emporaF7 cusl:ody exercised in 1993 goes well, they ~'i]] atlempt, to (xpand the father's time with the children in subsequent summers. Th:is Court will retain jurisdiction o~ this matter for purposes of expand'in9 the summer visitation, as appropriate, in line with the provi~qions of th'is sub-pa['agraph. Unless the parties agree otherwise, the fat. her's period of lx~mporary ('~u~;l.ody w~th t. he children durin~ the summer shall ~:~mmen('.e on the second Salurdas, [ollowing the children's rel. ease from school in dune. 4. Th~s order ~s entered in the expectation that the mother will move, with the ~chJldren, to Nevada in August of 1992 and that t. he chi. ldren will be enrolled in school in Nevada which will operate on a normal 9-month schc~o] l,~rm. The parties r'eeoqn~ze there is some chance that the children's; sc]l(~¢~i ~;clic~(llle, ~>r t.l~e sc:bedu]e ~[~ one of the 'agreement, or we w~l] by order, modifs' ll~i~: ord,~r to give reasonable effect to it tJ. ght of the children's school c:alendar. 5 Each of the part.~es w~l] not;il~, the ol~r a to the wher~abouts of the children. The mot. her sha]i advise the father of her home addr'ess ~n Nevada, the names and addresses of the ~;ehools that the children ,~l.l. end in Nevada, and her home and work telephone numbers Jn Nevada. The father shall notJ~:[y t:he mother o[ h:is address and home and work telephone numbers and any c~hanges :in his address pron'ptly. The farther ~;hal] not~fy the mot. her of the address at. whi~:h the ch.ildren will be staying duri. ng each period o[ tempora~:~, custody at. the con~e[l(:elt~ell%, of prior LO the co[~fneIlce~[~eflt o[ :~each such period. 6. The par[ie~:; wJ. ll share transportat:ior~ equally. Unless; ti'my agree otherwise, each will be respon~-;ible to provide the t:~-an~;por'Lat, Jon when t. hey pi. ok up the children at either the commenc:ement of or the end of a period of tempc)rary custody. By the Court, IBrad.ley L. GrJffie, E~;quire ~I)ouglas A. Bender, S~'., p~'o ~;e ,"Defendant {o~] 'lnn~ c:,( 7/,). ~/,2,9 TRUE COPY FR~)M RECORD T~s 2o~ d~ of~~ 19. ?~ LAURIE A. MATTHEWS, ) ]N TrUE COURT OF COMMON Plaintiff. ) PI,EAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) NO. 69 CIVIl, 1982 DOUGLAS A. BENDER, SR., ) Defendanl: ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess (]3 Mai'ch ]987) CONCILIATOR CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIl, PROCEDURE }915.3-8(b), the undersigned Custody Conciliator submits the fo]lowing Feport: 1. The pertinent information concern'ing the children who are the subject of this ~lJtigatJon is as follows: NAHF BIRTHDATE r, '~ ..... .. the Pefendant appeared without counsel. 3. Items ~.:,~.lved'~-c by agreement: Al] ]s~u,:,x were 4. Both children have ].ived w~th the mother since ~;eparat~on. The present :1custody ai-rangement was confirmed by an order signed by Judge He~;~; in March of 198q. Jnce that time Jt appears that the father s contact wjtl~ the children has been irr'egular and spottxf. Typica]ly, each pa~'enl blames the other for that problem. 5. The mother now desires to move to Nevada wJl:h he~' new husband. Both o~ the,~ have arranged jobs in Nevada and they wj]] l~ve close to her new husband's family. imother has researched the move to Nevada competently and seems prepared to provide ~pro~eriy rot the children. 6. The parties ~greed upon an order which wou]d ~llow the mother to move to ]~Sevada and ~ive the father reasonable periods of temporary custody back here in ~,Pennsylvania. They even agreed to share Lhe ['['ansporLation, with each party ~[responsible to provide the transport, at. ion whe~ ~hev pick up the cb[l. dren at the beginning or the end of the visitation period:;. ~. With the exec. ution of the attached order, no hearing is necessar~ at this it i me. . :IN THE COURT OF CO ON PLmS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA : V :CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION O~ER OF CO~T ~D NOW, this ' ' , upon consideration of the attached complaint, it is hereby directed that the parties an~ their respective counsel appear before ~~'~ L. ~-~ ~ , M., for a Prehearing 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. Either pa~y may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or pe~anent order. FOR THE COURT: Custody Conciliator ~~/ 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (71 7) 240-6200 DOUGLAS A. BENDER, SR., IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND vs. O0~NTY, PENNSLVANIA LAURIE A. MATTHEWS, No. 69 CIVIL 1987 Defendant CUSTODY PETITION FOR CONTEMPT 1. The Defentant, Laurie A. Matthews, is in contempt under Order #3, with the temporary custody of.the children being awarded to the father, the Plaintiff, Douglas A. Bender, Sr. A. A period of three (3) consecutive weeks during the summer of 1993. Unless the parties agree otherwise, a like period of three (3) consedutive weeks each summer thereafter until £uther order of court. Unless the parties agree otherwise, the father's period of temo- orary custody with the children during the summer shall commence on the second Saturday following the children's release from school in June. The Defendant, Laurie A. Matthews, did not make any attempt to do so, The Olaintiff Douglas A. Bender, Sr., called and the Defendant would not talk or return his calls. 2. The Defendant, Laurie A. Matthews, is in Contempt under Order ~5. A. The Defendant, Laurie A. Matthews, did not notify the Olaintiff, Douglas A. Bender, Sr., of the childrens home address or phone number. The mother did not give the father the names and addresses o£ the schools in Nevada. The mother also did not give the father her work number. The father was not given any school reports either. AFFIDAVIT EXHIBIT A. W~,5 ~ ~ CARLISLE 80RO~JGIt. CUM2[Rt~NO CO~TY ~~ ~ ~ C~.ROLY,~ A. YOUr, G, NOTARY PUBLIC I :¥z j LAURIE A. MATTHEWS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : : CUMBERLAND COUNTY, PENNSYLVANIA V : : CIVIL ACTION - LAW : : NO. 69 CIVIL 1987~ : DOUGLAS A. BENDER, SR., : CUSTODY Defendant/Petitioner : IN RE: HEARING FOR JURISDICTION ORDER OF COURT AND NOW, this 6th day of December, 1993, at 10:25 a.m., after a brief hearing, unless and until jurisdiction of this case is accepted by the State of Nevada, this court retains jurisdiction over its prior order for the purpose of enforcement, without prejudice to the petitioner/defendant to file a certified copy of this decree in the appropriate venue in the State of Nevada pursuant to 52 Pa.C.S.A. 5356. In accordance with the petition in contempt filed hereto, a rule is issued upon the plaintiff/respondent to show cause why a citation in contempt should not be issued. Hearing thereon to be held on Thursday, January 6, 1994, at 9:00 a.m. It is noted that acceptance of service of this order will be made by counsel for the plaintiff/respondent. By the Court, Douglas A. Bender, Sr. Pro se For the plaintiff/respondent DOUGLAS A. BENDER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 69 CIVIL 1987 LAURIE A. MATTHEWS, : Defendant : CUSTODY ORDER AND NOW, this ~' day of November, 1993, it appearing that the defendant will be out of town on November 29, 1993, the hearing on the matter of jurisdiction is continued to Monday, December 6, 1993, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Douglas A. Bender, Sr. ~//' 318 Third Street West Fairview, PA 17025 ~ .o-~e.,~J,~'.,~. ,i / 8'/'/3, Laurie A. Matthews 275 W. Basic Road Henderson, NV 89015 DOUGLAS A. BENDER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 69 CIVIL 1987 LAURIE A. MATTHEWS, : Defendant : CUSTODY ORDER AND NOW, this ;Z-"t day of November, 1993, following the filing of the conciliator's report in the captioned matter, a hearing on the matter of jurisdiction is set for Monday, November 29, 1993, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Douglas A. Bender, Sr. ~, 318 Third Street // West Fairview, PA 17025 _ ('~ ~-~o~ i t / ~ iq 3, Laurie A. Matthews --0 - .~.¢. 275 W. Basic Road Henderson, NV 89015 DOUGLAS A. BENDER, SR., ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 69 CIVIL 1987 LAURIE A. MATTHEWS, ) Defendant ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess CONCILIATOR CONFE~CE SUIg{A~¥ ~d~PORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: CURRENTLY IN NAME BIRTHDATE CUSTODY OF Douglas A. Bender, Jr. 30 October 1980 Defendant/Mother Melanie A. Bender 14 January 1982 Defendant/Mother 2. A Conciliation Conference was held on 27 September 1993. The father appeared without counsel. The mother did not appear. She resides in Nevada and had advised my office prior to the conference that she disputed jurisdiction and would not appear at the conference. 3. The Plaintiff's position on custody is as follows: The father wants to enforce the current custody order so that he may have reasonable periods of temporary custody with his children. 4. The Defendant's position on custody is as follows: The mother contends that the courts of Pennsylvania have no jurisdiction over the case since she has resided in Nevada since the summer of 1992. 5. This matter came before me in the early summer of 1992. At that time the had plans to move to Nevada with both children and the parties agreed upon a custody schedule which would allow her to move to Nevada and still provide the father with reasonable time with the children. That agreement resulted in the present order which was signed by Judge Hess. 6. The mother moved to Nevada in July or August of 1992 and has resided there with the children ever since. 7. The father has not seen the children since they moved to Nevada with the mother. He contends all of the problems have been caused by the mother and that she simply refuses in allowing him to see the children. Apparently there was a dispute over who was to provide the transportation during the Christmas holiday in 1992, each party reading the order differently. The mother eventually refused to transport the children to Pennsylvania and the father, who believed the transportation to Pennsylvania was the mother's responsibility, did not provide that transportation and so he did not see the children. He contends that, since that time, the mother has flatly refused to transport the children, or allow him to transport the children, back to Pennsylvania. 8. The father claims that he pays support through the Domestic Relations Office on a regular basis. The transportation from Nevada to Pennsylvania, by airline, is approximately $550.00 per child per trip. Even that can only be accomplished if the mother will cooperate to get the children to and from the airport. The father claims that the mother refuses to do so. 9. The threshold issue here is jurisdiction. The mother apparently feels that the present order cannot be enforced by the courts of Pennsylvania. She claims she cannot afford an attorney here to represent her interests. 8he also denies the father's claims that the problem with the present order is all her fault (see her letter of 30 August 1993 which is attached to this report). 10. There appears to be little dispute about the factual basis of jurisdiction and I believe the Court probably can decide that issue based upon the information provided in this report. There is no doubt that the mother has resided in Nevada for more than a year, with the children, and that the father has not seen the children pursuant to the current order. Accordingly, I suggest the Court first schedule a hearing on the issue of jurisdiction and, if the Court is satisfied it has jurisdiction, it can then proceed directly to the underlying issues. In the meantime, since both parties did not attend the conference, I could not do much conciliation. 26 October 1993 o~_l~_~__~'-'~l~ Custody Conciliator August 30, 1993 Mr. Samuel Andes 525 N. 12th Street Lemoyne, PA 17043 Dear Mr. Andes: With respect to the order of the court dated July 30, 1993, ordering me to appear before you at 4 p.m. on September 16, 1993; per my attorne? some things need to be clarified. First it is importa'~ to understand that I cannot afford to have Mr. Griffie represent me. His need for a $500.00 retainer is entirely out of my reach. Flying back for the hearing is also not an option. My attorney was kind enough to give me some guidelines. I object to Cumberland County hearing this matter due to the fact the children have resided in the State of Nevada for more than a year. It is my belief that the State of Nevada now has jurisdiction over custody. I would like to respond to the statements Mr. Bender made in his petition. In response to lA, he indicates that I did not make any attempt to see that the kids were with him. Despite the fact that Mr. Bender had our address and phone number, there was no contact with me to make arrangements for the travel of the children, which was his responsibility. I have spoken with him on the phone, as have the children, none of which resulted in him providing any arrangements to get traveling tickets to the children. It should be noted that the majority of the telephone contact is between the children and their grandmother or aunt (his mother and sister) not with him. Relative to his issued 2A, he and his family do have our address and phone number. (Proof - I received the court papers). We do occasionally receive telephone calls and mail from them. I do not have an address or phone number for him because he has always used his parents' address and phone, where he does not reside. I object to him having my telephone number or address at work as that is irrelevant since I have a home phone number with an answering machine. He has also not provided the same information to me. I do not need it or want it from him. ~ith respect to school reports, no request was made of him, but the children have repeatedly provided information to their grandmother and aunt concerning Continued . August 30, 1993 ~ .. 'Mr.. Samuel Andes Page 2 their schooling. They freely pass on this information to them because they are closer to them than they are to their father. Also in the past, Mr. Bender has made no attempts to secure any information concerning the children's schooling even when he lived down the road from where they lived. In closing, I respectfully request the Court of Cumberland County order this matter to be heard in the State of Nevada. Please allow me your findings in this matter. Sincerely, '~tLaurie A. Matthews 275 W. Basic Road Henderson, NV 89015 LAURIE A. MATTHEWS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : : CUMBERLAND COUNTY, PENNSYLVANIA : V. : CIVIL ACTION - LAW : NO. 69 CIVIL 1987 DOUGLAS A. BENDER, SR., : CUSTODY Defendant/Petitioner : .IN RE: TRANSCRIPT OF PROCR~nING~; Proceedings held before the Honorable KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, January 6, 1994, in Courtroom Number Four. APPEARANCES: DOUGLAS A. BENDER, SR. Pro se BRADLEY GRIFFIE, Esquire For the Plaintiff/Respondent I MR. GRIFFIE= Your Honor, in this case Mr. 2 Bender is pro se and filed a petition for contempt. There 3 is a court order dated July 22, 1992, which details the 4 parties, relationship relative to the two children. And 5 based upon some modifications that I am authorized on behalf 6 of my client, Laurie Matthews, to accept, Mr. Bender 7 indicated he is willing to withdraw his petition for 8 contempt. I will recite them, I already asked him to please 9 listen, although we have gone over it, to please listen as I 10 say it. 11 THE COU~T= Is the intention then that that 12 be reduced to a court order? 13 MR. GRIFFIE= Yes. What I will be reciting 14 will modify the order of July 22, 1992. 15 THE COURT= Okay. I think what we will do 16 then is have what is said here transcribed, and then I will 17 go ahead at my leisure reduce it to the form of an order 18 rather than trying to stumble through something. 19 MR. ~RIFFIE= That's fine. Because it does 20 modify a couple different paragraphs. It would probably be 21 best to do it that way. I will simply indicate the 22 intention is two-fold. First, to remove some of the 23 flexibility that these parties unfortunately have been 24 unable to manage. And number two, to put some teeth into 25 this long distance visitation arrangement to try and allow, 2 I particularly Mr. Bender at this point, to be able to pursue 2 this matter further through other contempt if Ms. Matthews 3 fails to comply. 4 First, paragraph 3-A, with deals with 5 Christmas, previously provided for a period of time that was 6 not detailed but rather referred to seven days over the 7 Christmas break and referenced another period during odd 8 numbered years. I am authorized to agree for my client. 9 Mr. Bender has agreed at 3-A the paragraph on Christmas will 10 be modified to read that during each Christmas vacation 11 season the children will be with their father from the 12 period December 26 through January 2 of each such period. 13 Paragraph 3-B provides for contact with the 14 children during the summer. That paragraph will remain the 15 same providing for three weeks visitation. However, the 16 last sentence of that paragraph which begins unless the 17 parties agree otherwise shall be modified to remove that 18 phrase. The last sentence will then read the father's 19 period of temporary custody with the children during the 20 summer shall commence on the second Saturday following the 21 children, s release from school in June. 22 The next modification is in paragraph 6, 23 which provides for shared transportation. Paragraph 6 will 24 now read as follows. The parties will share transportation 25 equally. Each party shall provide transportation of the 3 I children to their local airport and from their local airport 2 during any periods of temporary custody when the children 3 are using air flight as a means of transportation. 4 The party who is receiving custody of the 5 children (for example, the father at the beginning of the 6 periods of temporary custody or the mother at the end of the 7 periods of temporary custody) shall be responsible for 8 providing airline tickets or other means of transportation 9 for the children to begin or end their period of temporary 10 custody. Nothing provided for herein shall in anyway 11 prohibit the parties from reducing their joint expense by 12 sharing the cost of a round trip airline ticket. 13 Then there will be a new paragraph 7 that 14 provides if either party fails or refuses to provide for the 15 children to be transported during or after any periods of 16 temporary custody, after that party has received airline 17 tickets or funds for airline tickets as provided for in 18 paragraph six, judgment shall be entered against that party 19 in an amount equal to two times the cost of the airline 20 tickets purchased but not used. 21 That's the end of the modifications. And I 22 would just point out to the court, like I said, we removed 23 language such as unless otherwise agreed between by the 24 parties so that we don't -- obviously the parties can agree 25 to something beyond the court order. But as the order i reads, that allowed flexibility for one party to say we 2 agreed to one thing and the other one to say we agreed to 3 something else. So there is a question of whether they 4 agree now. There can be no question as to what their 5 responsibilities are. 6 Mr. Bender, I think, understands if he gets 7 tickets and sends them out for the second Saturday in the 8 summer of '94 and the children don't come he will be back in 9 here with his certified receipt probably showing he sent it 10 certified mail with his bill for what he paid for. I didn't 11 specifically provide that he could use that judgment for any 12 support arrearages or anything like that, but we did talk 13 about that. And he realizes there is some means he may be 14 able to collect that money. 15 THE COURT= I only had one question. You 16 said the person who would be commencing their period of 17 custody with the children would procure the ticket for that 18 transportation. And then I think you went on to say to 19 begin or end something to that. It couldn, t be the end. It 20 could only be the beginning. Give that to me again. 21 MR. GRIFFIE: The party who is receiving -- I 22 am sorry. You are right. The party who is receiving 23 custody of the children, and then I gave my example in 24 parentheses, shall be responsible for providing airline 25 tickets or other means of transportation for the children. 5 I Yes. That should be the period. 2 THE COURT= It can't be beginning and ending, 3 because it would always be the beginning. 4 M~. GRIFFIE= You are right. And in our 5 discussions -_ 6 THE COURT= I didn't mean to sharp-shoot you. 7 I thought maybe I had overlooked something. 8 MR. GRIFFIE= No. That is correct. And I 9 will tell you that in discussions with Mr. Bender, who is 10 not represented, about these changes, he raised the issue 11 with me that if we agreed to this he would withdraw his 12 petition for contempt. And I am today providing him with 13 her work telephone number, which was another problem. He 14 felt he needed that in case of an emergency. And I think I 15 am authorized to give that. If I am not, that's my problem. 16 I am giving him the work number. 17 THE COURT= Well, I will just make it all 18 part of the same order, that the petition in contempt is 19 deemed withdrawn in accordance with the following agreement 20 and modifications to the order. Do you have any questions, 21 Mr. Bender, about what's going on here today? 22 MR. BENDER: No, sir. 23 (End of proceedings.) 24 25 6 1 2 3 CERTIFICATION 4 5 6 I hereby certify that the proceedings are 7 contained fully and accurately in the notes taken by me on 8 the above cause and that this is a correct transcript of 9 same. 10 12 Barbara E. Graham Official Stenographer 13 14 15 The foregoing record of the proceedings on the 16 hearing of the within matter is hereby approved and directed 17 to be filed. 18 20 ~a~e~ /~ ~ / ¢~ ~ Kev~n A. Hess, J. 21 ~th Judicial District 22 23 24 25 7 LAURIE A. MATrHEWS, : IN THE COURT OF COMMON PI.F. AS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 69 CIVIL 1987 DOUGLAS A. BENDER, SR., : Defendant/Petitioner : CUSTODY IN RE: PETITION FOR CONTEMPT ORDER AND NOW, this 6th day of January, 1994, by agreement of the parties, the within petition for contempt is deemed withdrawn. It is further ordered and directed that our order of July 22, 1992, be modified. 1. Paragraph 3(a) thereof, dealing with Christmas visitation, shall now provide that the children will be with their father for the period December 26th through January 2nd of each such Christmas period· 2. Paragraph 3(b) of our order of July 22, 1992, dealing with summer visitation, is modified to provide that the father's period of partial custody with the children during the summer shall commence on the second Saturday following the children's last day of school in June. 3. Paragraph 6 of our order of July 22, 1992, is modified to provide that each party will share transportation equally. The parties shall provide transportation of the children to and from their local airport when air travel is being used as a means of transportation. In addition, the party who is receiving custody of the children (for example, the father at the beginning of his p~tti~ 6~rtial: '~.~ody or the mother at the end of said periods of partial custody) shall bq~gesLr~or~bl~ for_providing airline tickets or other means of transportation for the £1 children to be~in their period of custody in the parent receiving them. Nothing herein, however, shall prohibit the parties from reducing their expense by sharing the cost of a roundtrip airline ticket. 4. Our order of July 22, 1992, is further amended to provide that if either party fails or refuses to provide for the children to be transported after that party has received airline tickets or funds for airline tickets, judgment shall be entered against that party in an amount equal to two times the cost of the airline tickets purchased but not used. BY THE COURT, Laurie A. Matthews 275 W. Basic Road Henderson, NV 89015 / Douglas A. Bender, Sr. 318 Third Street West Fairview, PA 17025 :rim I I ! I ,Id o~1,, ~1 ~ < ~ '~ 4 ~1 ~ _1 ~1 J <i ' '~' LAURIE A. MATTHEWS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 69 CIVIL 1987 DOUGLAS A. BENDER, SR., : Defendant : CUSTODY ORDER OF COURT AND NOW, this ~(~t day of C <~-~'~~' ,~1994, upon presentation and consideration of the within Petition, IT IS HEREBY ORDERED AND DECREED that Bradley L. Griffie, Esquire, attorney of record for Laurie A. Matthews, the Plaintiff in the above captioned action is hereby given leave of court to withdraw as Plaintiff's counsel. BY THE COURT, H OLD El SHEELY, Fd LAURIE A. MATTHEWS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 69 CIVIL 1987 DOUGLAS A. BENDER, SR., : Defendant : CUSTODY PETITION TO WITHDRAW AS COUNSET AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, attorney of record for the above named Plaintiff, Laurie A. Matthews, and petitions the court as follows: 1. As the records in the above captioned action reflect, Bradley L. Griffie, Esquire, is the attorney of record for Laurie A. Matthews in the above captioned custody proceeding. 2. There are no pending actions in this matter as the last proceedings resulted in an agreement and an Order of Court dated January 6, 1994, confirming several modifications to the Custody Order between the parties. 3. Plaintiff is now a resident of the State of Nevada and has limited contact with Pennsylvania. 4. Plaintiff, by executing this Agreement, confirms her approval of Petitioner,s request to withdraw as her counsel. 5. There are no pending actions in this matter and no actions contemplated in the immediate future. WHEREFORE, Petitioner requests your Honorable Court to authorize his withdrawal as counsel for Plaintiff in the above captioned action. Respectfully submitted, GRIFFIE & ASSOCIATES ~quire Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I, Laurie A. Matthews, Plaintiff in the above captioned action, hereby authorize and request that the Court approve the withdrawal of her prior counsel, Bradley L. Griffie, as her counsel of record in the above captioned action. L~urie A? Matthews '- I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~.auri~ A. Matthews