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06-3718
Date: 6/9/2006 41st Judicial District of PA, Perry County Branch Time: 10:50 AM ROA Report Page 1 of 1 Case: FC-FC-2006-00108 OL - 311 Current Judge: KATHY A. MORROW JEFFREY BENDER vs. CRYSTAL BENDER User: RUTH S (21 cjztTay-?l Date FAMILY CUSTODY Judge 4/5/2006 New Case filed. UNASSIGNED Complaint filed . Exit cc and time stamp copy to Atty. UNASSIGNED Filing: Complaint Custody Paid by: GARY L. KELLEY Receipt number: UNASSIGNED 0023176 Dated: 4/5/2006 Amount: $97.50 (Check) 4/7/2006 Order dated 04-07-06 filed. Hearing scheduled. Exit cc to parties on KATHY A. MORROW distribution, file. (CUSTODY CONFERENCE 04/07/2006 09:00 AM) Order dated 4-7-06 filed. Both parties to register and attend education KATHY A. MORROW program within 60 days after service. Exit cc to parties on distribution, file. 5/3/2006 Letter to Court Administrator from Atty. Gary Kelley dated 05/01/06. UNASSIGNED 5/5/2006 Defendant's Preliminary Objections To Venue and Order of Court filed. KATHY A. MORROW Exit to judge. 5/10/2006 5/11/2006 6/8/2006 6/9/2006 Order dated 05/03/06 filed. Hearing scheduled. Exit cc to parties on KATHY A. MORROW distribution, file. (HEARING 07/11/2006 09:00 AM) CONT'D FROM 05/09/06 Continuing Education Certificate certifying that JEFFREY BENDER has KATHY A. MORROW completed EDUCATION PROGRAM FOR SEPARATED PARENTS, filed, file. Order dated 05/09/06 filed. Hearing scheduled. Exit cc to parties on KATHY A. MORROW distribution, file. (HEARING 06/07/2006 08:15 AM) in re: Def. Preliminary Objections Hearing result for HEARING held on 05/09/2006 09:00 AM: CONTINUED KATHY A. MORROW to 7/11/06 at 9:00 a.m. Order dated 06/07/06 filed. Exit cc to parties on distribution, file. KATHY A. MORROW File transferred to Cumberland County per Judge Morrow's Order of KATHY A. MORROW 06/07/06 GRANTING Defendant's Preliminary Objections. File forwarded to Cumberland County Prothonotary's Office. CERTIFIED A TRUE COPY W-U 1' ; 4 477;,.,I/ h? ? s C i ut 1 M Al'd JEFFREY BENDER, : IN THE COURT OF COMMON PLEAS Plaintiff : PERRY COUNTY, PENNSYLVANIA V. . NO. FC, _ ? (o - l O R CRYSTAL BENDER, Defendant CIVIL ACTION -CUSTODY ORDER AND NOW, J?Pn- L 7 , 2006, the Court directs the parties to register and to attend the Education Program for Separated Parents by mailing the pre-printed "Education Program for ,5D Separated Parents" registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009. FAILURE TO REGISTER AND COMPLETE THE PROGRAM WITHIN SIXTY (60) DAYS WILL BE BROUGHT TO THE ATTENTION OF THE COURT AND MAY RESULT IN A FINDING OF CONTEMPT AND THE IMPOSITION OF SANCTIONS OR A CONTINUATION OF THE HEARING THAT HAS BEEN SCHEDULED IN THIS MATTER UNTIL BOTH PARTIES COMPLY. BY THE COURT: ?? JUDGE., L- o CJ? Y c.n Ql JEFFREY BENDER, : IN THE COURT OF COMMON PLEAS Plaintiff : PERRY COUNTY, PENNSYLVANIA V. NO. C CRYSTAL BENDER, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, Apni -7, , 200 upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before rn aJ , at the Perry County Courthouse, New Bloomfield, Penns vania, on the day of MOT 2006, at q.m P.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 shall also/shall not 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: JUDGE 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-7536 (800) 932-0356 c.n ...:' ?D o [? , O JEFFREY BENDER, : IN THE COURT OF COMMON PLEAS Plaintiff : PERRY COUNTY, PENNSYLVANIA cn r? V. NO. F C Zc?O to _ CRYSTAL BENDER, c i ca Defendant CIVIL ACTION - CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT AND NOW, comes the Plaintiff, Jeffrey Bender, by and through his attorney, Gary L. Kelley, and represents as follows: COMPLAINT FOR CUSTODY 1. Plaintiff is Jeffrey Bender who resides at 41 Morris Road, Duncannon, Pennsylvania 17020. 2. Defendant is Crystal Bender who resides at 103 Timber Lane, Shippensburg, Pennsylvania 17257. 3. Plaintiff seeks custody of the following child: Name Present residence Age Lynne Bender Shared between the parties DOB 2/26/02 4. The child was born during the course of marriage. The child is presently in the shared custody of the parties. 5. Since November 2005, the child has resided with the following persons and at the following addresses: Plaintiff Persons Addresses Dates Jeffrey Bender 41 Morris Road Duncannon Defendant Persons Addresses Crystal Bender 103 Timber Lane Alauria Christy Shippensburg Janay Christy November 2005 to present Dates November 2005 to present During the time in question, the parties have essentially shared custody of the minor child on an equal basis. 6. The mother of the child is Defendant. She is married to the father of the child, Plaintiff. The parties are presently separated. 7. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides with the following persons: Name Lynnze Bender Relationship Daughter 8. The relationship of Defendant to the child is that of mother. Defendant currently resides with the following persons: Name Relationship Lynne Bender Daughter Alauria Christy Daughter Janay Christy Daughter 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is a fit parent. Plaintiff has a close relationship with the child. The child views plaintiff as a source of love and affection. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant shared legal custody and primary physical custody of the child to Plaintiff. Respectfully submitted, Gary Kel ID No 46894 1119 Front Street, Suite B Harrisburg, PA 17102 (717) 238-1484 Attorney for Plaintiff VERMCATION I verify that the statements made in this Complaint 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 unworn falsification to authorities. JEFFREY BENDER, Plaintiff V CRYSTAL BENDER, Defendant : IN THE COURT OF COMMON PLEAS : PERRY COUNTY, PENNSYLVANIA : NO. FC 2006-108 CIVIL ACTION - CUSTODY ORDER AND NOW, this 3 day of May, 2006, upon the request of Plaintiffs counsel and the assent of Defendant's counsel thereto, it is hereby OgqRDERED and DECREED that the Pretrial Conference in the above matter scheduled for May; 2006 at 9:00 AM is hereby continued for sixty (60) days until7i iP--,-?? ?, 2006 at TOO AM/N* in Courtroom No. of the Perry County Courthouse. BY THE COURT bra 11?V JUDGE cam: Jeffrey Balder Crystal Bade' Cary L. Kelley. BsPiire Harry Henran air cW, agnxe File ?. N 4; ca ?C The Law Offices of Gary L. Kelley 1119 North Front Street, Suite B Harrisburg, PA 17102 (717) 238-1484 / Facsimile (717) 238-1761 May 1, 2006 Robin L. Lehman Court Administrator Perry County Courthouse Center Square New Bloomfield, PA 17068 Re: Bender v. Bender FC 2006-108 Dear Ms. Lehman: I represent Mr. Bender in the above matter. A Pretrial Custody Conference is scheduled for May A006 at 9:00 AM. I have spoken with opposing counsel in this matter, Hanna Herman Snyder, Esquire, and she agrees to a continuance in this matter. Additionally, by this letter, I am agreeing that she has not waived any potential issues regarding venue in this matter by agreeing to a continuance and that she may raise this issue later, if appropriate. I have enclosed an appropriate Order for the Court's signature. Thank you for your attention to this matter. Very leol ur t' G ey cc: Hanna Herman Snyder, Esq. ?1}3? '. rye-u P(eaw daces 4?L KA* 1? JEFFREY BENDER, : IN THE COURT OF COMMON PLEAS atQ Plaintiff : PERRY COUNTY, PENNSYLVANIA I? J V. : No. F.C. 2006-108 CRYSTAL BENDER, Defendant CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, this 7 day of May, 2006, upon review of the Preliminary Objections filed on behalf of Defendant, Crystal Bender, it is hereby ORDERED that a hemit[g / oral argument is scheduled for X.C? the 7"' day of l? at J !L5 N , By the Court, J. Hannah Herman-Snyder, Esquire Attorney for Defendant Gary L. Kelley, Esquire a Attorney for Plaintiff o c? JEFFREY BENDER, Plaintiff vi. CRYSTAL BENDER, Defendant IN THE COURT OF COMMON PLEAS PERRY COUNTY, PENNSYLVANIA No. F.C. 2006-108 CIVIL ACTION - CUSTODY DEFENDANT'S PRELIMINARY OBJECTIONS TO VENUE AND NOW comes Defendant, Crystal Bender, by and through her attorney of record, Hannah Herman-Snyder, Esquire and files the following Preliminary Objections: Defendant, hereinafter "Mother", is an adult individual currently residing at 103 Timber Lane, Shippensburg, Cumberland County, Pennsylvania. 2. Plaintiff, hereinafter "Father", is an adult individual currently residing at 41 Morris Road, Duncannon, Perry County, Pennsylvania. y _ 3. The parties are the natural parents of one (1) child, Lynnze Bender, born-? -y` r cn =, February 26, 2002. N 4. The parties separated on October 14, 2005 and Mother moved to her current c> address in Cumberland County, Pennsylvania at that time and has continuously resided at said address. Father has continued to reside in Perry County since the parties' separation. 6. Since the parties' separation, they have shared physical custody of the child such that in a two (2) week period, Mother has the child for eight (8) overnights and Father has the child for six (6) overnights. 7. Father filed for custody in Perry County on April 5, 2006, only nine (9) days shy of Mother living in Cumberland County for six (6) months. 8. By the time the issue presently before the Court is heard, Mother will have resided in Cumberland County for well over six (6) months. 9. It is in the best interest of the child to transfer the case to Cumberland County as the child and Mother have the following significant connections with Cumberland County: a. The child is eligible and makes use of the WIC program through Cumberland County; b. The child receives her ACCESS card through Cumberland County; c. The child has always seen a physician, Dr. James Blacksmith of New Cumberland, in Cumberland County and is in the process of transferring to Family Physicians of Cumberland Valley in Franklin County as this particular practice accepts her health insurance; d. The child resides with her two older half-siblings, Alauria Christy and Janay Christy in Cumberland County; e. Mother resided in Cumberland County prior to marrying Father and her social network and family are in Cumberland and Franklin Counties as Mother's residence is on the border of Cumberland and Franklin Counties; f. Mother has a stable babysitter for the child and said babysitter watched the older half-siblings when Mother lived in Cumberland County prior to moving to Perry County; g. Mother's potential witnesses for a custody hearing primarily reside in Cumberland and Franklin Counties; h. Mother intends to enroll the child in gymnastics in Franklin County; and i. Mother has purchased a season pool pass for all three (3) of her children in Cumberland County. Wherefore, Mother requests this Honorable Court transfer the custody action initiated by Father to Cumberland County. Respectfully submitted, 5-4 -ot. %Lr hak °?l.onnftn-' to Date Hannah Herman-Snyder, Esqun •e Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing documents 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 unworn falsifications to authorities. DATE: S (C! ? L--' AL BENDER, Defendant JEFFREY BENDER, IN THE COURT OF COMMON PLEAS Plaintiff PERRY COUNTY, PENNSYLVANIA vii. : No. F.C. 2006-108 CRYSTAL BENDER, Defendant CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the 44", day of May, 2006, cause a copy of Defendant's Preliminary Objections to Venue to be served upon Plaintiffs counsel by first-class mail, postage prepaid at the following address: Gary L. Kelley, Esquire 1119 North Front Street, Suite B Harrisburg, PA 17102 DATE: 5-L4 - n1 , O_Nr a I n n n- a " 4 n Hannah Herman-Snyder, Esqui Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-555 I GPJFF1± &'.Ass0c'ATTS Attorneys and Counselors at Law 200 North Hanover Street Carlisle, PA 17013 Bradley L. Grift"ie, Esquire (717) 243-5551 Hannah Herman-Snyder, Esquire 100 Lincoln Way East, Suite D Robin J. Goshorn Chambersburg, PA 17201 Office Manager (717) 267-1350 (800) 347-5552 Reply to: Carlisle Fax (717) 243-5063 May 4, 2006 Prothonotary Perry County Courthouse Center Square New Bloomfield, PA 17068 RE: Jeffrey Bender v. Crystal Bender No. FC 2006-108 To Whom It May Concern: Kindly note that I represent Crystal Bender in regards to the above-captioned matter. I have enclosed Preliminary Objections on behalf of Crystal Bender. I ask that you file the original and three (3) copies and forward them to the Judge for signature. ?l 1, f Once the Orders are signed by the Judge, I ask that you return the documents to me in the enclosed self-addressed stamped envelope. (y(li V Please feel free to contact me if you have any questions. po Very truly yours, Hannah Herman-Snyder Enclosure o Cc: Crystal Bender { P, 3?+ I C-n - IV O es" it It tti r oil n, z f 9?t.8 Vv 01 AVugoOd ), " 'G. 4 `1a? 3 o? 0 z :Y BENDER :IN THE COURT OF COMMON PLEAS :OF THE 41sT JUDICIAL DISTRICT V. :OF PENNSYLVANIA - AL BENDER :PERRY COUNTY BRANCH :NO. FC-2006-108 ORDER AND NOW, June 7, 2006, the time and place being set for Argument on the Preliminary Objections to Venue, and after conversation with counsel, the is GRANTING the Defendant's Preliminary Objections. Therefore, this matter shall be transferred to Cumberland County. The Prothonotary of Perry County is hereby DIRECTED to make all the arrangements for transferring this file to Cumberland County. BY THE COURT, vL.Qf?i KATH A. MORROW, JUDGE Gary L. Kelley, Esq. Hannah Herman-Snyder, Esq. Court Administration File 7 *cs r ? O .<m Co o c? x' -o ,.wry ?.4 .r r? Q' ... .tr r JEFFREY BENDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW CRYSTAL BENDER, NO. 06-3718 CIVIL ACTION TERM Defendant IN CUSTODY ANSWER TO PLAINTIFF'S COMPLAINT FOR CUSTODY AND COUNTERCLAIM AND NOW comes Defendant, Crystal Bender, by and through her attorney, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates and in support of her Answer to Plantiff's Complaint for Custody avers as follows: 1. Admitted. 2. Admitted. 3. Admitted with clarification. In any given two week period, the child spends eight nights with Mother and six nights with Father. 4. Admitted. 5. Denied. Since the child's birth, she has resided with the following persons at the following addresses for the following periods of time: Name Address Crystal Bender 103 Timber Lane Alauria Christy Shippensburg, PA Janay Christy Jeffrey Bender RD 4 Box 4013 Crystal Bender Duncannon, PA Alauria Christy Janay Christy Dates October 2005 to Present Birth to October 2005 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. WHEREFORE, Defendant requests this Honorable Court deny Plantiff's request for primary custody. COUNTERCLAIM 12. Paragraphs 1 throughl l are incorporated herein as if set forth in their full text. 13. It is in the best interest and permanent welfare of the children to grant the relief requested because: a. The child is very close to her half sisters, who reside with Mother on a primary basis. b. The child's half sisters attend school in the Shippensburg school district, which is where the child will also attend school. C. Mother can provide the stability the child needs during the school year. e WHEREFORE, Defendant requests this Court schedule a conciliation conference, followed by a hearing, at which time she shall be awarded primary physical custody. Respectfully Submitted, rst . . a lr. _P?I , r sam cle n Hannah Herman-Snyder, Esgke Attorney for Defendant 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION 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 unworn falsification to authorities. r DATE: a ©(o C-??tAl A. BENDER JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW CRYSTAL BENDER, NO. 06-3718 CIVIL ACTION TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the It'` day of July, 2006, cause a copy of the attached Answer to Plaintiff's Complaint for Custody and Counterclaim to be served upon counsel by first-class mail, postage prepaid at the following addresses: Joanne Clough, Esquire 24 North 32°d Street Camp Hill, PA 17011 DATE: '3-1 ?. - O11 Hannah Herman-Snyder, Esq ire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 ? U? a U? ?v. a !^, r .< _ ?_ '? _ ?t ;; ; ?,, - - JEFFREY BENDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3718 CIVIL ACTION LAW CRYSTAL BENDER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 15, 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, September 21, 2006 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 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. VlanCustody 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 schedules' 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 d4NWASWId 91 :1 It WV 9 I snv 9Dot AUMNOH iUd Ni J0 i J OCT o s zoos?? r,. JEFFREY BENDER, Plaintiff v CRYSTAL BENDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3718 IN CUSTODY COURT ORDER AND NOW, this U day of October, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Courthouse on the 0 '1day of V-(4-A? , 2006 at'q.'DD A M. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following temporary Custody Order is entered: A. The father, Jeffrey Bender, and the mother, Crystal Bender, shall enjoy shared legal custody Lynnze E. Bender, born February 26, 2002. B. Physical custody shall be handled consistent with the schedule the parties have been working under the past year which, generally, consists of on a fourteen day basis mother having eight overnights and father having six overnights. The parties may modify this schedule as they agree. 4 3. In the event there are any problems with the custody schedule between the date of this Order and the hearing, the legal counsel for the parties may contact the Conciliator directly to address any issues. cj?4anne Harrison Clough, Esquire Hannah Herman-Snyder, Esquire BY THE COURT, h --t Judge c `, : I I <IV I 1 1-10 ;GGZ JEFFREY BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW CRYSTAL BENDER, : NO. 06-3718 Defendant : IN CUSTODY CONCILIATION CONFERENCE SUIVEVIARY 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: Lynne E. Bender, born February 26, 2002. 2. A Conciliation Conference was held on September 29, 2006, with the following individuals in attendance: The father, Jeffrey Bender, with his counsel, Joanne Harrison Clough, Esquire, and the mother, Crystal Bender, with her counsel, Hannah Herman-Snyder, Esquire. 3. The parties were living together in Perry County until October 2005 when mother relocated to Shippensburg. Father then initiated an action in Perry County after five to six months. That action was transferred to Cumberland County. The parties have been living under a Custody Agreement that has the child going back and forth on a two-week basis pursuant to a schedule the parties worked out. However, the father is now seeking primary custody. The mother is not in agreement. She believes she should have primary custody. The major issue will arise once the child starts school because the existing schedule will not accommodate a school schedule. 4. A hearing is required which should take one day. 5. The Conciliator recommends an Order in the form as attached. lo_:)_U(.0 DATE aax Hubert X. Gilroy, quire Custody Conciliat r JEFFREY BENDER, :IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CRYSTAL BENDER, 06-3718 CIVIL TERM Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, this 27th day of December, 2006, after hearing in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the parties will prepare proposed Findings of Fact, Conclusions of Law, supported by legal memorandum, and file it with the Court on or before the close of business on January 26, 2007. IT IS FURTHER ORDERED AND DIRECTED that in the interim the present agreement between the parties shall remain in effect with custody being exchanged in Carlisle, Pennsylvania. ?doa.nne Clough, Esquire ??For the Plaintiff ?_annah Herman-Snyder, Esquire For the Defendant . mt f A? By the Court, O w JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CRYSTAL BENDER, NO. 06-3718 CIVIL ACTION TERM Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF: REQUEST FOR RECORD TO BE OPENED AND NOW comes Petitioner, Hannah Herman-Snyder, Esquire, and petitions the Court as follows: 1. Petitioner is attorney of record for the above named Defendant, Crystal Bender. 2. A custody hearing was held in the above captioned matter on December 27, 2006 and the record was closed on said date. 3. A support appeal hearing was held in regards to the above captioned parties on July 25, 2006 and at the request of Joanne Clough, Esquire, counsel for the above named Plaintiff, Jeffrey Bender, the record was reopened and a second hearing was held on January 2, 2007. 4. Information was revealed at the support appeal hearing held on January 2, 2007 that was not revealed during the custody hearing that has direct bearing on the custody matter. 6. Petitioner contacted Attorney Clough and Attorney Clough does not concur in the request that the record be reopened for the limited purpose of admitting the transcripts from the support appeal hearing. WHEREFORE, Petitioner requests this Honorable Court open the record for the limited purpose of admitting the transcripts from the support appeal hearing first heard on July 25, 2006 and heard for the second time on January 2, 2007. Respectfully Submitted, Hannah Herman-Snyder, E quire Attorney for Defendant Griffie and Associates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CRYSTAL BENDER, NO. 06-3718 CIVIL ACTION TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the nth day of January, 2007, cause a true and correct copy of Plaintiff's Petition for Special Relief: Request for Record to be Opened to be served upon Plaintiff by his attorney of record by first-class mail, postage prepaid at the following address: Joanne H. Clough, Esquire 24 North 32nd Street Camp Hill, PA 17011 DATE: i. _. ,n cy-1 `1*I l'ir?t+? Gi h _ 0 h r+t n r. ? tY?,l (? D "Hannah Herman-Snyder, Esquire Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 VERIFICATION 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 falsifications to authorities. DATE: o 6.1 w HANNAH HERMAN-SNY J ER, ESQUIRE r _ -.._a ?; ?a ,_ ?? j ?yt. ??4 .___ ,?, tw:, rti ?. 4? .. ti: ' JEFFREY BENDER, Plaintiff V. CRYSTAL BENDER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3718 CIVIL ACTION TERM IN CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF OF DEFENDANT'S REQUEST FOR RECORD TO BE OPENED AND NOW comes the Plaintiff Respondent, Jeffrey L. Bender, by and through his attorney, Joanne Harrison Clough, Esquire, and files the following response to Defendant Mother Crystal Bender's Petition for Special Relief: Request for Record to be Opened and in objection to their request avers as follows: 1. Admitted. 2. Admitted. By way of further explanation said hearing was a full day custody trial at which point all parties had ample opportunity to admit evidence. 3. Admitted. 4. Denied. It is specifically denied that any information "was revealed at the Support Appeal Hearing on January 2, 2007 that was not revealed during the custody hearing that has a direct bearing on the custody matter". Defendant Mother had ample opportunity to question Plaintiff Father regarding his income or work hours at the custody trial. 6.(sic)Admitted. Attorney Clough does concur nor request that the custody trial record be reopened "for the limited purpose of admitting the transcript from the Support Appeal Hearing". NEW MATTER 7. On or about January 10, 2007, counsel for Defendant Mother Crystal Bender contacted Plaintiff Father's counsel and requested that she agree to reopen the custody record for the limited purpose of admitting the transcript from the Support Appeal Hearing. 8. When counsel for Plaintiff Jeffrey Bender inquired as to what evidence she wished to introduce from the Support Hearing, Attorney Hannah Herman- Snyder indicated she wished to introduce Plaintiff Father's testimony regarding part-time jobs he had applied for but in fact had not been hired for. 9. Attorney Clough indicated she did not agree to reopen the record for the purpose of introducing this testimony because Plaintiff Father had not in fact secured any part-time or other employment, and that in the event Father would ever secure additional employment, Defendant Mother could petition the Court to modify the Custody Order if she felt any future employment Plaintiff Father received warranted a modification of the Custody Order. 10. It is inappropriate to reopen the custody record in this case to introduce a transcript from a support proceeding where Father simply testified that he had applied for some part-time employment to supplement his landscaping business income but had not in fact received any additional employment. 11. The parties participated in a full day custody trial where each had sufficient opportunity to introduce any evidence in support of his or her request for primary custody of the child and/or an opposition to the other parties request for primary custody of the child. It is inappropriate to permit a party to reopen a custody litigation to introduce transcripts from a support hearing. Each of the parties testified during the custody trial about their work hours and reopening the record to introduce evidence of speculative future part-time employment of Plaintiff Father is inappropriate. Under no circumstances should the record be reopened to submit the transcripts from the July 25, 2006 hearing because Defendant Mother had five months to have said transcripts prepared and the opportunity to try to introduce the transcript into evidence at the December 27, 2006 Custody trial and she failed to do so. WHEREFORE, Plaintiff Respondent Father respectfully requests this Court deny Petitioner Defendant Mother's request to reopen the custody record "for the sole purpose of admitting the transcript of the Support Appeal Hearing held on July 25, 2006 and January 2, 2007; or in the alternative, if the Court does reopen the record, Petitioner Defendant Mother should be required to submit an offer of proof regarding any additional evidence she wishes to introduce and it shall be introduced to the form of live testimony so Plaintiff Father and his counsel are accorded any and all opportunity to examine or cross examine any such additional testimony as it relates to this particular custody action. Respectfully Submitted, JOANNE HARRISON CLOUGH, P.C. Dated: (- 0- Q9 Joanne Harrison Camp Hill, PA 17011 (717) 737-5890 Attorney I.D. #36461 24 N. 32nd Street CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Hanna Herman-Snyder, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Date: L - n- 0A Esquire Attorney ID No. 3 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff, Jeffrey Bender r`M CO rn f co _ -_ . ? spa =j rri JEFFREY BENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CRYSTAL BENDER, NO. 06-3718 CIVIL ACTION TERM Defendant IN CUSTODY ANSWER TO NEW MATTER AND NOW comes Petitioner, Hannah Herman-Snyder, Esquire, and files the following response to Respondent's New Matter filed in regards to Petitioner's Petition for Special Relief: Request for Record to be Opened and avers as follows: 7. Admitted. 8. Denied. It is denied that when counsel for Plaintiff, Jeffrey Bender inquired as to what evidence Petitioner wished to introduce from the Support Hearing, Petitioner indicated she wished to introduce Plaintiff father's testimony regarding part time jobs he applied for but in fact had not been hired for. It is averred that this was not the testimony presented, nor the assertion made by counsel. By way of further response, Petitioner did not set forth a specific reason she wished for the record to be opened in her Petition as it is not proper for the Court to have before it facts not currently of record. However, now that asserted facts are before the Court, it is even more important that the record be opened to clarify the actual testimony of the above Plaintiff, Jeffrey Bender. 9. Admitted. By way of further response, again, it is not Petitioner's recollection that Jeffrey Bender testified that he "had not in fact secured any part time or other employment." It is further averred that the testimony of Jeffrey Bender before the Support Master seven (7) days following his testimony before the Honorable Court could weigh heavily in a matter decided on credibility. 10. Denied. It is denied that it is inappropriate to reopen the custody record in this case to introduce a transcript from a support proceeding where Jeffrey Bender J r. simply testified that he had applied for some part time employment to supplement his landscaping business and had not in fact received any additional employment. It is averred that this was not Mr. Bender's testimony and that the testimony set forth at the Support Hearing was relevant and should have been raised, with all due cantor to the Court, at the custody hearing held only seven (7) days before the Support Hearing. 11. Admitted in part. Denied in part. It is admitted that the parties participated in a full day custody trial where each had sufficient opportunity to introduce any evidence in support of his or her request for primary custody of the child and/or an opposition to the other parties request for primary custody of the child. It is denied that it is inappropriate to permit a party to reopen the custody litigation to introduce transcripts from a Support Hearing. It is averred that if complete information was revealed at the Support Hearing that should have been revealed at the custody hearing or if contradictory testimony was presented at the Support Hearing, with the hearings being held only seven (7) days apart, it is appropriate for the record to be opened as the Court should have a full picture of both parties' financial situation and information to judge credibility. It is admitted that each of the parties testified during the custody trial about their work hours. It is denied that reopening the record to introduce evidence of future part time employment of Plaintiff is inappropriate. It is again averred that there was nothing speculative about Mr. Bender's testimony at the Support Hearing. It is denied that under no circumstances should the record be reopened just to submit the transcripts from the July 25, 2006 hearing because Defendant/Mother had five months to have transcripts prepared in the opportunity to try to introduce transcript into evidence at the December 27, 2006 custody trial and she failed to do so. It is averred that the only reason for both parts of the transcripts to be submitted is so that there is a full understanding of what happened at the second support hearing held on January 2, 2007. As the relevant testimony took place on January 2, 2007, the Court may wish to Order only that transcript be admitted to the record. r. WHEREFORE, Petitioner requests your Honorable Court reopen the custody record for the sole purpose of admitting the transcript of the support appeal hearing held on July 25, 2006 and January 2, 2007; or should the Court wish to have only the relevant testimony may Order only the transcripts of January 2, 2007 be admitted to the record. Respectfully Submitted, Hannah Herman-Snyder, Esq ire Attorney for Defendant GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 r JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CRYSTAL BENDER, NO. 06-3718 CIVIL ACTION TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE CA - I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the .11j day of January, 2007, cause a true and correct copy of Answer to New Matter to be served upon Plaintiff by his attorney of record by first-class mail, postage prepaid at the following address: Joanne H. Clough, Esquire 24 North 32"d Street Camp Hill, PA 17011 DATE: I -,a - a-1 Hannah Herman-Snyder, Esq re Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 r„ VERIFICATION 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 unworn falsifications to authorities. DATE: - - c? 1 HANNAH HERMAN-SNYD R, ESQUIRE Le Ci^t ren f JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3718 CIVIL CRYSTAL BENDER, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 29th day of January, 2007, upon consideration of the Defendant's Petition for Special Relief to Open the Record and the Plaintiff's Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that Counsel for the Defendant shall submit to the Court a written offer of proof describing the specific facts from the Support Hearings of July 25, 2006 and January 2, 2007 she wishes to be introduced into evidence and the relevance thereof to the Custody matter now pending. This offer of proof shall be provided to the Court on or before February 9, 2007. By the Court, k A,_ M. L. Ebert, Jr., J. v°Uanne Harrison Clough, Esquire Attorney for Plaintiff Xannah Herman-Snyder, Esquire Attorney for Defendant bas ?,ti 13 JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION LAW CRYSTAL BENDER, NO. 06-3718 CIVIL ACTION TERM Defendant IN CUSTODY OFFER OF PROOF At the Support Appeal Hearing held on January 2, 2007, Jeffrey Bender, hereinafter referred to as "Father," testified that he had a second job lined up, and had in fact had this arranged for a month. He testified that he would be working 25-30 hours a week for $11.00 an hour. This job had not yet started at the time of the hearing as there was a licensing issue with the employer, but he confirmed that he did have a part time job in addition to his full time employment. He also testified that within the week prior to the hearing, he had applied for 3-4 other part time jobs, for which he was available to work 25-30 hours per week, as he was a bit frustrated that the first job was not actually starting due to the licensing issue. He made it clear that his plans are to be available for 25-30 hours a week, year round, for a job in addition to his full time job. Counsel for Crystal Bender, hereinafter referred to as "Mother," believes this information is relevant and should have been revealed at the Custody Hearing held on December 27, 2006. Rather than revealing the above information to the Court, Father testified at the time of the Custody Hearing that he was only working his full time job as a self-employed lawn care worker. There was no indication to the Court that he actually had a second job lined up at that time and would be working additional hours. In fact, he represented his job as being very flexible. Father's testimony at the Support Appeal Hearing held on January 2, 2007 is relevant for two reasons. First, it goes to the credibility of Father. Second, in a case where the Court is being asked to consider who should exercise primary custody of the child during the school year, the parties' work schedules are important in regards to who will be more available for the child. The first part of the Support Appeal Hearing was held on July 25, 2006, after which counsel for Father asked that the record be reopened as he had said that he borrowed $35,000.00 from family and friends, and his attorney wanted to enter into evidence the source of the money, as it was all from his girlfriend. At the beginning of the January 2, 2007 hearing, Father's counsel asked Father to clarify why he had not spoken truthfully at the first hearing, and he explained that he was embarrassed with the circumstances and did not want to admit that all of that money came from a girlfriend. This, again, goes to the credibility of Father. In the Answer to New Matter filed on January 23, 2007, undersigned counsel stated that all relevant testimony could be retrieved by the Court from review of the transcript from the January 2, 2007 Support Appeal Hearing. I 4 No additional testimony is necessary on these matters as their relevance to the custody case goes solely to the fact that the statements were made and not to any further testimony Father might provide. Respectfully Submitted, Hannah Herman-Snyder, Esq re GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-1350 JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3718 CIVIL CRYSTAL BENDER, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this gth day of February, 2007, upon consideration of the Defendant's Petition for Special Relief to Open the Record, the Plaintiff's Answer thereto and after review of the Offer of Proof submitted by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that the Record will be Opened. Additional live testimony will be taken from both parties on Monday, April 2, 2007 at 1:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The additional hearing will be limited to no more than 2 hours. By the Court, \-V\ -k, L" - M. L. Ebert, Jr., J. Joanne Harrison Clough, Esquire Attorney for Plaintiff Hannah Herman-Snyder, Esquire Attorney for Defendant a.v9-o 7 4- bas ?'? 8 4 "A JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3718 CIVIL CRYSTAL BENDER, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 22nd day of August, 2007, after hearing, and consideration of the Proposed Findings of Fact and Conclusions of Law submitted by each parry, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: The parties, Jeffrey Bender and Crystal Bender, shall have shared legal custody of the minor child, Lynnze Bender, born February 26, 2002. 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 her physical health, mental health, education, extracurricular activities and religion. Major decisions regarding these categories shall be made by the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. Pursuant to the terms of 23 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 (to include report cards), and the residence address of the child and of the other parent. 2. Physical Custody. A. School Year: The Mother shall have primary physical custody of the child during the school year subject to the Father's right of partial custody as follows: (i) Father shall be entitled to 3 weekends per month. Mother shall provide notice of the date of her weekend at least 30 days prior to the beginning of that month. (ii) Father shall be entitled to one weekday evening each week, Monday through Thursday, from after school until 9:00 p.m. Father shall provide all transportation for such visits and shall advise the Mother by the Sunday evening two weeks in advance of each visit. B. Summer: The Father shall have primary physical custody of the child during the summer school recess from the first Monday after conclusion of the school year until 4 days before school begins, subject to the Mother's right of partial custody as follows: (i) Mother shall be entitled to 7 uninterrupted days during the summer provided she gives the Father advance notice by May 1 each year. (ii) Mother shall be entitled to one weekend per month in the summer, dates to be determined by the Mother with the Father being given notice of the dates at least 30 days in advance. C. Holidays: (i) Thanksgiving - The Thanksgiving Holiday will run from Wednesday at 7:00 p.m. until Sunday at 7:00 p.m. Mother shall have custody of the child for Thanksgiving in even numbered years. The Father shall have custody of the child for Thanksgiving in odd numbered years. (ii) Christmas/New Years - The Christmas/New Years holiday shall be divided into Segment A which shall run from noon on December 23 through noon on December 27, and Segment B which shall run from noon December 27 until noon one day prior to the start of school. In even numbered years Father shall have custody of the child for Segment A and Mother shall have custody during Segment B. In odd numbered years, Mother shall have custody of the child for Segment A and Father shall have custody during Segment B. (iii) Easter - The Father shall have custody of the child from 1:00 p.m. on the first day of the public school holiday recess until 6:00 p.m. on the last day of the public school holiday recess during odd numbered years. The Mother shall have custody from 1:00 p.m. on the first day of the public school holiday recess until 6:00 p.m. on the last day of the public school holiday recess in even numbered years. (iv) Mother's Day - The child will always be in custody of the Mother for Mother's Day weekend. (v) Father's Day - The child will always be in custody of the Father for Father's Day weekend. (vi) Other Holidays: The following holidays shall be considered 3 day weekends beginning Friday night and ending Monday by no later than 6:00 p.m. HOLIDAYS ODD YEARS EVEN YEARS Martin Luther Kin Da Father Mother Presidents' Day Mother Father Memorial Day Father Mother Labor Da Mother Father Columbus Da Father Mother Veterans' Da Mother Father 3. Transportation: Transportation shall be shared such that the receiving party shall transport unless otherwise agreed. 4. Nonalienation: Neither parent 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. 5. Telephonic Contact: Both parents shall have liberal and reasonable telephone contact with the child while the child is in the custody of the other parent. In the event that either party has a change in their telephone number or terminate telephone service, they will inform the other party within 24 hours of the change. By the Court, M. L. Ebert, Jr., J. 0 8 4 *Z lid ZZ OTl HE hi s? I u' , - a U 40 Joanne Harrison Clough, Esquire Attorney for Plaintiff Hannah Herman-Snyder, Esquire Attorney for Defendant bas JEFFREY BENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. C7 r -z CASE NO. 2006-3718 ; Y 9 CRYSTAL BENDER, CD Defendant IN CUSTODY ={ r.> MOTION TO MODIFY CUSTODY ORDER AND NOW, comes Defendant/Petitioner Crystal Bender, by and through her attorney, Sheri D. Coover, Esquire and files the following MOTION TO MODIFY CUSTODY ORDER and in support thereof avers as follows: 1. On or around August 22, 2007, the Honorable Judge Ebert entered an Order of Court which granted Defendant Crystal Bender (hereinafter referred to as "Mother") primary physical custody of Lynnze Bender (DOB 2/26/2002) and granted Plaintiff Jeffrey Bender (hereinafter referred to as "Father") periods of partial custody of the minor child. (A true and correct copy of the August 22, 2007 Order is hereby attached as Exhibit 1). 2. That Order also stated that the parties were to share legal custody of the children. 3. Since 2008, the parties have modified the custody arrangements by agreement during the summer to provide that Father and Mother have custody of the child on an alternating weekly basis. 4. Between 2009 and September 2010, the parties modified the custody arrangements by agreement to provide that Father have custody of the child on alternating weekends instead of three weekends per month. t 70, 0 0/ °( r ct yob. S. On or around September 2010, Father notified Mother that he wanted to resume the arrangements for custody provided by the custody Order because the arrangement suited the schedule of his and his paramour. 6. Mother wants to modify the current custody Order to provide that the custody should continue to be on an alternating weekly basis over the summer and on alternating weekends because the schedule worked well for all parties during the time period that they followed it and the child stated that she liked the custody arrangement which was followed by the parents because then she was not away from either parent for too long of a period of time during her summer vacation. 7. Because Father works during the summer, the minor child often is with a babysitter or Father's girlfriend rather than being with Father. 8. Mother is also seeking to have the custody Order amended to have the party who normally has custody of the child on the Martin Luther Kings Day, Memorial Day, Labor Day, Columbus Day and Veterans' Day to have custody of the children on those days because of the planning necessary to make these custody exchanges. 9. Mother believes that the modification to the custody Order requested is in the best interest of the minor child. 10. Mother is also seeking a provision in the Order regarding the authority of the parties to get the child a drastic haircut or high light without the other parties' permission. MOTION TO MODIFY CUSTODY 11. Defendant/Petitioner incorporates paragraphs 1 through 10 above as contained herein in their entirety. 12. Mother requests modification of the August 22, 2007 Custody Order for the following reasons: a). The alternating week schedule during the summer and alternating weekends schedule worked well during the three previous summers that the parties followed it; b). The child has expressed that she liked the alternating weekend schedule during the summer and visitation with Father on alternating weekends; c). Mother and child have a strong relationship and the modification requested prevents child from being away from Mother for a long stretch of time. d). Father works during the summer and often leaves the child in the care of a babysitter or new girlfriend during his working hours; e). Father has a new girlfriend who has minor children and Father is not able to give Lynnze much individual attention during his periods of custody. WHEREFORE, Mother respectfully requests that this Court modify the current custody Order to grant her primary physical custody of the minor child and Father periods of partial custody on alternating weekends during the school year and alternating weeks during the child's summer vacation from school. Ily submitted, ?Syeri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 JEFFREY BENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2006-3718 CRYSTAL BENDER, Defendant IN CUSTODY VERIFICATION I, Crystal Bender hereby certify that I have reviewed the statements contained in the foregoing MOTION TO MODIFY CUSTODY ORDER and hereby verify that the statements contained therein are true and correct to the best of my knowledge, information and belief. I understand that I can be subject to the penalties of perjury, both civilly and criminally under federal and Pennsylvania law for any false statements contained herein. CZ4?Al- BENDER JEFFREY BENDER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. CASE NO. 2006-3718 CRYSTAL BENDER, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 4th day of March, 2011, 1 caused the foregoing DEFENDANT'S MOTION TO MODIFY CUSTODY to be served upon Respondent's counsel via United States First Class mail addressed as follows: Joanne H. Clough 3820 Market Street Camp Hill, PA 17011 bmitted, Shcsri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 .IEFFREY BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-371s CIVIL V_ CRYSTAL BENDER. ?nt CIVIL ACTION - CUSTODY QRDER OF CO= AND NOW. this 22nd day of A%Wst, 2007, after hearing. and consideration of the proposed Findings of Fad and Conclusions of Law submitted by each party, IT tS HEREBY ORDERED AND DIRECTED that 1. LecRi Custody: Ttie p• Jeffrey gender and Crystal fend", shall hawse shared legal custody of the nvnor gild. Lyrmxe Bender, born Febrriary 26, 2002• Each parent shall have an equal right, to be emvised jointly with the other parent to make *i major non-emW99n,cy decisions ali?eectlng the child's general well-being Wuding, but not limited to, ark decisions regarding her physicai health, mental health, education, extraairria+lar ScbVffieS and religion. Major decisions rega'dWV these categories shall be made by the parents 1 , alter d bn and consultation wMh each other and WM a view toward obtaining and fopowing a harmonious porky in the child's best ingest. pursuant to the terms of 23 Pa.C.S. §5309. each parent sw be erMitled to an records and inforrrratian pertaining to the child including, but not krn tBd to, medical, dental, reiigious or school records (to include report cards), and the residence address of the chid and of the other parent. 2. phv. &K Custodv. 4. Sq of Year: The Mother shah have primary physical VAtody of the ew during the school year sAect to the Father's right of partial custody as foNowa= (i) Father shaft be anWAOd to 3 weekends Per month. Mother shy Provide notice of the date of her weekend at least 30 days Pte' ?O the bogW*V d that month. (a'j Father shop be entitled to one weekday even"V Bach vvaek. Monday through Thursday, *am Stier sdwot until 9.00 p.m. Father OWN Pie al trar"portation for such visit and shalt advise the Mother by the Sunday evening two weeks in advance of each visit. 07 B. Summer: The Father shall have primary physical custody of the child during the summer school recess from the first Monday after conclusion of the school year until 4 days before school begins, subject to the Mother's right of partial custody as follows: (i) Mother shall be entitled to 7 uninterngAed days during the summer provided she gives the Father advance notice by May 1 each year. (ii) Mother shalt be entitled to one weekend per month in the summer, dates to be determined by the Mother with the Father being given notice of the dates at least 30 days in advance. C. H li : (i) Thanker - The Thanksgiving Holiday will run from Wednesday at 7:00 p.m. until Sunday at 7:010 p.m. Mother shall have custody of the child for Thanksgiving in even numbered years. The Father shall have custody of the child for Thanksgiving in odd numbered years. (ii) Christmes/New Years - The Christmas/New Years holiday shall be divided into Segment A which shall nn from noon on December 23 though noon on December 27, and Segment B which shall run from noon December 27 until noon one day prior to the start of school. in even numbered years Father shall have custody of the child fbT Segment A and Mother shall have custody during Segment B. In odd numbered years, Mother shall have custody of the child for Segment A and Father shall have custody during Segment B. (iii) Easter - The Father shall have cusiody of the child from 1:00 p.m. on the first day of the public school holiday recess until 6:00 p.m. on the last day of the public school holiday ragas during odd numbered years. The Mother shall have custody from 1:00 p.m. on the first day of the public school holiday recess untk 6:00 p.m. on the last day of the public school holiday recess in even numbered years. (iv) Mother's DaY - The child will aivraya be in custody of the Mother for Mother's Day weekend. (v) Father's Day -- The child wi0 always be in custody of the Father for Father's Day weekend. (A) other Ho es: The following holidays shad be considered 3 day weekends beginning Friday night and ending Monday by no later than 6:00 P.M. HOLIDAYS ODD YEARS EVEN YEARS Martin Luther Da Father Mother Presidents' Day Mother Father Memorial Day Father Mother Labor Da Mother Father Cohxnbus Da Father Mother Veterans'Day Mother Fatter 3. Tr@ Transportation shell be shared such that the reeving party shall transport unless otherwise agreed. 4. Nonalienation: Neither Parent Shah do or say w7thkg, which may estrange the child from the other parent, iqure 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. 5. T2h5elg is Contacts Both parents shall have liberal and reasonable telephone contact with the child while the child is in the custody of the other parent. In the event that either party has a change in their telephone number or terminate telephone service, they will inform the other party within 24 hours of the Change. By the Court. 1?a ??. M. L. Ebert. Jr., J. ?e - men ` Joanne Harrison Clough, Esquire Attorney for Plaintiff Hannah Herman-Snyder, Esquire Attorney for Defendant bas JEFFREY BENDER PLAINTIFF V. CRYSTAL BENDER DEFENDANT AND NOW, Thursday, Ma it is hereby directed that parties and their re at 4th Floor, Cumberland County Cour for a Pre-Hearing Custody Conference. At if this cannot be accomplished, to define an order. Failure to appear at the conference n The court hereby directs the parti Special Relief orders, and Custody order IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA. -' :-j 2006-3718 CIVIL ACTION LAW F C:) CD C y IN CUSTODY CA ORDER OF COURT 10, 2011 , upon consideration of the attached Complaint, >ective counsel appear before Hubert X. Gilroy, Esq. the conciliator, louse, Carlisle on Friday, April 15, 2011 at 8:30 AM ich conference, an effort will be made to resolve the issues in dispute; or narrow the issues to be heard by the court, and to enter into a temporary y provide grounds for entry of a temporary or permanent order. s to furnish any and all existing Protection from Abuse orders, to the conciliator 48 hours prior to scheduled hearing. THE COURT, 13{: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas ?f Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infor nation about accessible facilities and reasonable accommodations available to disabled individuals havin? 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 HAVE AN ATTORNEY OR CAT FORTH BELOW TO FIND OUT PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET tE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 e Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY BENDER, CIVIL ACTION AT LAW Case No. 2006-3718 Plaintiff V. CRYSTAL BENDER, Defendant IN CUSTODY ORDER AND NOW, this 1 day of c? 2011, after consideration of the Parties Joint Motion for Court Order, it is hereby ORDERED that the STIPULATION entered into between Plaintiff and Defendant as an Order of Court. Distribution List: 1V A ?10?ilej yes 141 of 11 ? ,, ?? / Jeffrey Bender, pro se COP ? Sheri D. Coover, Esquire (Attorney for Defendant) 44 S. Hanover Street, Carlisle, PA 17013 r'a ?i f r= -.- t "'C f. w.#© CD s` +w9 - S w =w, JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYb6VAN IA c o rr vs. CIVIL ACTION - LAW i? ,_ zr -orn CRYSTAL BENDER, NO. 2006-3718 ?> © C) ° Defendant IN CUSTODY <CD : V-n > 3 Q y ORDER y4 / AND NOW, this day of April, 2011, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Es re Custody Conciliato JEFFREY BENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2006-3718 CRYSTAL BENDER, CIVIL ACTION AT LAW Defendant IN CUSTODY v� <C-, -� STIPULATION ' . 1. Plaintiff, Jeffrey Bender(hereinafter referred to as "Father") and Defendant, Crystal Bender(hereinafter referred to as "Mother") shall have shared legal custody of the minor child, LYNNZE BENDER, DOB 2/26/2002. The parties shall have an equal right 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 23 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, make copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Father shall have primary physical custody of the minor Child with Mother having periods of partial custody as follows: A. Mother shall be entitled to three (3) weekends per month, unless other arrangements have been made. Father shall provide notice of the date of his weekend(s)to Mother at least two (2) weeks prior to the beginning of that month. B. During the school year, Mother shall have custody on Wednesday evenings, with custody exchange times beginning after school and ending at 7:15 PM. C. Mother shall have custody of the Child on alternating weeks during the Child's summer vacation from school. The custody exchange for the summer visitations is to take place on Mondays at or before 7:00 PM. 3. Holidays: A. Thanksgiving--The Thanksgiving holiday will run from Wednesday at 5:30 PM until Sunday at 7:00 PM. Mother shall have custody of the child for Thanksgiving in even numbered years. Father shall have custody of the child for Thanksgiving in odd numbered years. In odd numbered years, Mother will have custody of the child for two weekends in November. B. Christmas/New Years -- The Christmas/New Years holiday shall be divided into Segment A which shall run from 5:00 PM on the first day of the child's holiday vacation from school until noon on Christmas Day, and Segment B which shall run from moon on December 25 until 7:00 PM on the last day of the child's vacation from school. In odd- numbered years, Father shall have custody of the child for Segment A, and Mother shall have custody during Segment B. In even-numbered years, Mother shall have custody of the child for Segment A, and Father shall have custody during Segment B. C. Easter-- Father shall have custody of the child from 5:00 PM on the first day of the public school holiday recess until 7:00 PM on the last day of the public school holiday recess during odd-numbered years. Mother shall have custody from 7:00 PM on the first day of public school holiday recess until 7:00 PM on the last day of the public school holiday recess in even-numbered years. D. Mother's Day -- The child will always be in the custody of Mother for Mother's Day weekend. E. Father's Day -- The child will always be in the custody of Father for Father's Day weekend. F. The following holidays shall be considered three (3) day weekends beginning Friday night at 5:00 PM and ending Monday by no later than 7:00 PM. Holidays Odd Years Even Years Martin Luther King Day Father Mother President's Day Mother Father Memorial Day Mother Father Labor Day Mother Father Fourth of July Father Mother Columbus Day Father Mother Veteran's Day Mother Father 4. Transportation shall be shared such that the exchange shall occur at a location that is a mutual halfway point for both parties. 5. Telephone access to the child shall be afforded to all non-custodial parties at all reasonable times. 6. No party, nor members of any party's family, shall do anything which may estrange the child form the other party or that party's family, injure the opinion of the child as to the other party or that party's family, or which may hamper the free and natural development of the child's love and affection for the other party or that party's family. 7. No party shall relocate the child if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation or(b)the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337 as set forth in Exhibit A attached to this order. 8. The parties are free to modify the terms of this Order by agreement. G )Je . L stal ender . Kin g, Es f ender EXHIBIT A REQUIREMENTS REGARDING RELOCATION OF RESIDENCE A relocation is a move or change of residence that will significantly impair the ability of the non- relocating party to easily exercise periods of custody. You cannot relocate with the child(ren) without following these procedures. If you are contemplating such a move, you are strongly urged to seek the advice of an attorney to make sure that you are following the procedures. You are not permitted to relocate your residence without either: The consent of every individual who has custody rights to the child(ren)to the proposed relocation OR the court approves the proposed relocation. NOTICE 1. The party proposing the relocation must notify every other party who has custody rights to the child(ren) of the proposed move by certified mail, return receipt requested. You should complete the attached"Notice of Proposed Relocation to Be Completed by Party Intending To Relocate" and send the notice to all other parties by certified mail, return receipt requested. 2. Notice must be given 60 days before the date of the proposed relocation OR 10 days after the date that the party knows about the relocation only if the individual did not know and could not have reasonably known about the relocation in time to comply with the 60 days notice or it is not reasonably possible to delay the date of relocation to comply with the 60 day notice. 3. You must include with this mailing the attached"Counter-Affidavit Regarding Relocation". The other parties must complete this form to indicate their position with regard to the proposed move. WHAT DO(ES) THE OTHER PARTY(IES) DO WHEN THEY RECEIVE THE NOTICE AND COUNTER-AFFIDAVIT? 1. If you receive a notice and a counter-affidavit, you must complete the counter-affidavit and file with the Prothonotary's Office this completed counter-affidavit within 30 days from the day you receive the notice and counter-affidavit. If you fail to file this counter-affidavit within the 30 days, you will be foreclosed from objecting to the relocation. 2. If the counter-affidavit is timely filed and the party objects to the proposed relocation or objects to the proposed modification of the custody order, a hearing will be held. 3. You must serve the other party with the Counter-Affidavit by certified mail, return receipt requested. 4. If notice of the proposed relocation has been properly given and no objection to the proposed relocation has been filed with the Prothontoary, then it will be presumed that the non- relocating party has consented to the proposed relocation. 5. If a party who has been given proper notice does not file with the court an objection to the relocation within 30 days after receipt of the notice but later petitions the court for review of the custodial arrangements, the court shall not accept testimony challenging the relocation. WHAT DO I DO IF NO OBJECTION TO THE PROPOSED RELOCATION IS FILED? The party proposing relocation shall file the following with the Prothonotary prior to relocation: 1. An affidavit stating that the party provided notice to every individual entitled to notice, the time to file an objection to the proposed relocation has passed and no individual entitled to receive notice has filed an objection to the proposed relocation. 2. Proof that proper notice was given in the form of a return receipt with the signature of the addressee and a copy of the full notice that was sent to the addressee. 3. A petition to confirm the relocation and modify any existing custody order, and 4. A proposed order containing the information in the notice. WHAT DO I DO IF A COUNTER-AFFIDAVIT IF FILED WITH THE PROTHONOTARY THAT INDICATES THERE IS NO OBJECTION TO THE PROPOSED RELOCATION AND NO OBJECTION TO THE MODIFICATION OF THE CUSTODY ORDER CONSISTENT WITH THE PROPOSAL FOR A REVISED CUSTODY SCHEDULE? The court may modify the existing custody order by approving the proposal for a revised custody schedule submitted with the Notice. You should submit a proposed order with distribution and attach a copy of the notice and the courter-affidavit. WHAT DO I DO IF A COUNTER-AFFIDAVIT IS FILED WITH THE PROTHONOTARY WHICH INDICATES THAT THE NONRELOCATING PARTY OBJECTS EITHER TO THE PROPOSED RELOCATION OR TO THE MODIFICATION OF THE CUSTODY ORDER? You should file a motion for a hearing with the Prothonotary's Office. The matter will be assigned to a judge for the scheduling of a hearing and disposition. Plaintiff : IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA V. NO. Defendant : CIVIL ACTION : IN CUSTODY NOTICE OF PROPOSED RELOCATION TO BE COMPLETED BY PARTY INTENDING TO RELOCATE parent of intend to move on and answer the following questions as follows. 1. What is the address of the intended new residence? 2. What is the mailing address of the intended new residence? 3. What are the name(s) and age(s) of all individual(s) who will be living at this new residence? 4. What is the home telephone number of the intended new residence? 5. What is the name of the new school and the new school district? 6. What is the date of the proposed relocation? 7. What are the reasons for the proposed relocation? 8. How do you proposed to change the custody schedule that is currently in effect? 9. Is there any other information that is relevant to the proposed relocation? 10. I have included a counter-affidavit that you can use to object to the proposed relocation. WARNING TO NON-RELOCATING PARTY IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION,YOU MUST FILE THIS COUNTER-AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN THIRTY(30) DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE FORECLOSED FROM OBJECTING TO THE RELOCATION. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date Signature Print Name Address Telephone No. Plaintiff IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA V. NO. Defendant CIVIL ACTION : IN CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION The party objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty(30) days of receipt of the Notice of Proposed Relocation. 1, ,file this counter-affidavit regarding the proposed relocation. I received the Notice of Proposed Relocation on 1. What are the names and ages of the child(ren)affected by the proposed relocation? 2. Where do this/these children) currently reside? Check one of the following boxes: ❑ 1 do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice. ❑ 1 do not object to the relocation, but I do object to modification of the custody order and I request that a hearing be scheduled. ❑ 1 request that a hearing be scheduled ❑ a. Prior to allowing the children)to relocate. ❑ b. After the children)relocate. ❑ I do object to the relocation and I do object to the modification of the custody order, and I request that a hearing be held on both matters prior to the relocation taking place. I understand that I must file this counter-affidavit with the Prothonotary's Office and that I must mail a copy to the other party by certified mail, return receipt requested. I understand that if I fail to file this counter-affidavit and mail a copy to the other party within thirty (30) days of receipt of the proposed relocation notice, I shall be prevented from objecting to the relocation. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date Signature Print Name Address Telephone Number t � JEFFREY BENDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2006-3718 CRYSTAL BENDER, CIVIL ACTION AT LAW Defendant IN CUSTODY ORDER AND NOW,this n� day of r , 2013, upon stipulation of the parties, it is hereby ORDERED and DECREED that the terms, conditions and �a provisions of the attached Stipulation for custody entered into by the parties, and executed by the parties and their counsel, are adopted as an Order of Court. BY THE COURT: J. C= W rn _> r C) Y LO t'�2t P JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2006-3718 CIVIL ACTION-LAW � CRYSTAL BENDER, =MCD M M Defendant IN CUSTODY CD xs C:) PRIOR JUDGE: The Honorable M.L. Ebert C71 5c= COURT ORDER 2_1 AND NOW, this %AX day of June, 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 5' day of August, 2013 at 1:45 p.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of April 2, 2013, shall remain in place. 3. Upon agreement of the parties,legal counsel for the parties may select a counselor for the minor child and each party shall cooperate with respect to insuring that the child attend counseling sessions. The purpose of these sessions shall be, primarily, to determine if the child voices a significant preference as to where she would like to be in custody during the school year. In the event the results of this counseling generates a desire for the parties to have a second Custody Conciliation Conference prior to the hearing scheduled above,counsel for either party may contact the Custody Conciliator directly. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation.Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, *�011,' U), \I M. L. Ebert, Judge cc: � F.Ding,Esquire u eff Lawrence Esquire 41x4/1,3 JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2006-3718 CIVIL ACTION-LAW CRYSTAL BENDER, Defendant IN CUSTODY PRIOR JUDGE: The Honorable M.L. Ebert CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL 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: Lynne Bender,born February 26,2002. 2. A Conciliation Conference was held on June 13,2013,with the following individuals in attendance: The father, Jeffrey Bender, with his counsel, John F. King, Esquire, and the mother, Crystal Bender,with her counsel, Jeff Lawrence,Esquire. 3. Back in March father had filed a Petition to obtain primary custody. Before Conciliation was held the parties agreed to a stipulation which was incorporated as an Order of Court on April 2,2013,which gave father primary custody during the school year and the parties week on/week off over the summer. Prior to April, mother had primary custody during the school year. 4. Mother has now relocated to Greencastle and is of the opinion that the child should be with her during the school year on a full-time basis. The father does not agree, and a hearing is necessary. The Conciliator recommends an Order in the form as attached. Date: June 2013 Hubrt X. G' Esquire Custody C 4ciliator JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 06-3718 CRYSTAL BENDER, CIVIL ACTION - LAW Defendant IN CUSTODY IN RE: CUSTODY CHECKLIST ORDER OF COURT AND NOW, this 5th day of August, 2013, after hearing in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the parties may submit their opinion with regard to custody checklist as it pertains to their client on or before the close of business August 9th, 2013 . By the Court, M.L. Ebert, Jr. , J. John F. King, Esquire For the Plaintiff ✓ Jeff Lawrence, Esquire For the Defendant :mlc ~` MCO -<> Cn C F t-7_' -? 3 Cy. CD - JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND. COUNTY, PENNSYLVANIA V. CRYSTAL BENDER, DEFENDANT NO. 06-3718 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 23rd day of August, 2013, upon consideration of Jeffrey Bender's Petition for Modification of Custody Order, the memorandums filed by the parties and after hearing, pursuant to 23 Pa.C.S.A. §5323(d) the Court states the following reasons in support of the Custody Order issued in this case: 1. Both parties are likely to encourage and permit frequent and continuing contact between the child and the other party. 2. Both parties are capable of performing parental duties on behalf of the child. 3. The child's need for stability and continuity in her education, family life and community life will now be best promoted by staying with her Father during the school year. 4. The child has good sibling relationships with all of the offspring of both Mother and Father and their new partners. 5. The child has voiced an opinion that at this time she would like to stay with her Father and attend school in Carlisle where she has been since March 2013. The Court does find that this is a well-reasoned opinion based upon the child's perception of the stability currently present in Father's home. I Y i.� 6. Both parties are likely to maintain a loving stable consistent and nurturing relationship with the child which will be adequate for the child's emotional needs. 7. The parties now reside 57 miles apart from each other. Such a distance does not support the ability to share physical custody on an equal basis. 8. Given the fact that Father's new wife, Lori Bender, is a stay at home mother, Father at this time has the better ability to provide continual appropriate child care. 9. The level of conflict between these parties is low and they have demonstrated the ability to cooperate with each other in the past. By the Court, M. L. Ebert, Jr., J. /John F. King, Esquire Attorney for Plaintiffs ✓Jeff Lawrence, Esquires ► ; Attorney for Defendant -< ' w ' J r- ' bas c a 0� L. JEFFREY BENDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CRYSTAL BENDER, DEFENDANT NO. 06-3718 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 23" day of August, 2013, upon consideration of Jeffrey Bender's Petition for Modification of Custody Order, the memorandums filed by the parties and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: Plaintiff, Jeffrey Bender (hereinafter referred to as "Father") and Defendant Crystal Bender (hereinafter referred to as "Mother") shall have shared legal custody of the minor child, Lynnze Bender, DOB: 2/26/2002. The parties shall have an equal right 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 23 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 their 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, make copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: A. Father shall have primary physical custody of the minor child during the school year. Mother shall have partial physical custody three weekends per month, unless other arrangements have been made. Father shall provide notice of the date of his weekend(s) to Mother at least two weeks prior to the beginning of that month. B. Summer Vacation: The parties shall alternate week on/week off physical custody during the summer vacation. Mother shall begin her first week of physical custody at 7:00 p.m. on the first Sunday following the conclusion of the school year. 3. Holidays: A. Thanksgiving: The Thanksgiving holiday will run from Wednesday at 5:30 p.m. until Sunday at 7:00 p.m. Mother shall have custody of the child for Thanksgiving in even numbered years. Father shall have custody of the child for Thanksgiving in odd numbered years. In odd numbered years, Mother will have custody of the child for two weekends in November. B. Christmas/New Year's: The Christmas/New Year's holiday shall be divided into Segment A which shall run from 5:00 p.m. on the first day of the child's holiday vacation from school until noon on Christmas Day, and Segment B which shall run from noon on December 25 until 7:00 p.m. on the last day of the child's vacation from school in odd numbered years, Father shall have custody of the child for Segment A and Mother shall have custody during Segment B. In even numbered years, Mother shall have custody of the child for Segment A and Father shall have custody during Segment B. r C. Easter: Father shall have custody of the child from 5:00 p.m. on the first day of the school holiday recess until 7:00 p.m. on the last day of the public school holiday recess during odd numbered years. Mother shall have custody from 7:00 p.m. on the first day of school holiday recess until 7:00 p.m. on the last day of the school holiday recess in even numbered years. D. Mother's Day: The child will always be in the custody of Mother for Mother's Day weekend. E. Father's Day: The child will always be in the custody of Father for Father's Day weekend. F. The following holidays shall be considered three (3) day weekends beginning Friday night at 5:00 p.m. and ending Monday by no later than 7:00 p.m. Holidays Odd Years Even Years Martin Luther King Day Father Mother Presidents Day Mother Father Memorial Day Mother Father Independence Day Father Mother Labor Day Mother Father Columbus Day Father Mother Veteran's Day Mother Father 4. Transportation shall be shared such that the exchange shall occur at a location that is a mutual halfway point for both parties. 5. Telephone access to the child shall be afforded to all non-custodial parties at all reasonable times. 6. No party, nor members of any party's family,, shall do anything which may estrange the child from the other party or that party's family, injure the opinion of the child as to the other party or that party's family, or which may hamper the free and natural development of the child's love and affection from the other party or that party's family. 7. No party shall relocate the child if such relocation will significantly impair the ability of to non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation or(b) the Court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. By the Court, M. L. Ebert, Jr., J. C /John F. King, Esquire C= Attorney for Plaintiff =.-n M _wM /Jeff Lawrence, Esquire Attorney for Defendant 4 bas