HomeMy WebLinkAbout02-4088
LYNN C. BENNESE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 02 - l.{oPP CIVIL ACTION - LAW
v
RAYMOND G. BENNESE,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against
you by the Court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the
Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM
ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
717-249-3166
LYNN C. BENNESE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
; NO. 02 - '-loP? CIVIL ACTION - LAW
v
RAYMOND G. BENNESE,
Defendant
: IN DIVORCE
LYNN C. BENNESE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
NO. 02 - '-loP? CIVIL ACTION - LAW
v
RA YMOND G. BENNESE,
Defendant
IN DIVORCE
COMPLAINT
Plaintiff, Lynn C. Bennese, by her attorneys, Broujos & Gilroy, P.c., sets forth the following:
1
Plaintiff, Lynn C. Bennese, is an adult individual residing at 172 Springfield Road,
Shippensburg, Cumberland County, Pennsylvania.
2
Defendant, Raymond G. Bennese, is an adult individual residing at Roxbury Ridge
Apartments, 100 Meadow Drive, Shippensburg, Cumberland County, Pennsylvania.
3
The parties were married on August 7, 1993, in Johnstown, Cambria County, Pennsylvania.
4
Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania and
Cumberland County for at least six months prior to the commencement of this action.
5
There have been no prior actions for divorce or annulment in this or any other jurisdiction
within the knowledge of the Plaintiff.
6
In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is
irretrievably broken.
WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony
pendente lite, interim counsel fees, costs, and expenses, until final hearing and thereupon
award such additional counsel fees, costs, and expenses as deemed appropriate.
BROUJOS & GILROY, P.c.
By
Hubert X. Gilroy- squire
Attorney for P. intiff
Broujos & IIroy, P.c.
4 North Hanover Street
Carlisle, PA 17013
717 - 243-4574
I verity that the statements in the foregoing pleading 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.
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LYNN C. BENNESE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2002-4088
CIVIL TERM
RAYMOND G. BENNESE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, Thomas S. Diehl, Esquire, counsel for Defendant in the above-captioned matter, hereby
accept service of the Complaint in Divorce on behalf of Raymond G. Bennese, in full satisfaction
of the Pennsylvania Rules of Civil Procedure.
DATE: September 9,2002
mas S. Diehl, Esquire
Attorney for Defendant
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
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LYNN C. BENNESE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v
: 02 - 4088
CIVIL TERM
RAYMOND G. BENNESE,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on
August 28, 2002.
2. Defendant acknowledges receipt and accepts service of the Complaint on or about
September 17,2002.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree of divorce without notice.
5. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
6. I understand that I will not be divorced until a Divorce Decree is entered by the Court
and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary .
7. I have been advised of the availability of marriage counseling and understand that I
may request that the Court require counseling. I do not request that the Court require
counseling.
I verify that the statements made in this 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: :3 -7- 03
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LYNN C. BENNESE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v
: 02 - 4088
CIVIL TERM
RAYMOND G. BENNESE,
Defendant
IN DIVORCE:
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on
August 28, 2002.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of a final decree of divorce without notice.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
5. I understand that I will not be divorced until a Divorce Decree is entered by the Court
and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
6. I have been advised of the availability of marriage counseling and understand that I
may request that the Court require counseling. I do not request that the Court require
counseling.
I verify that the statements made in this 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:
.3J2~ /03
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PROPERTY SETTLEMENT AGREEMENT
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THIS IS AN Agreement made this d>3J- day of May, 2003, by and between LYNN C.
BENNESE, (hereinafter referred to as Wife) and RAYMOND G. BENNESE, (hereinafter
referred to as Husband).
WHEREAS, Husband and Wife were married on August 7,1993; and
WHEREAS, various differences have arisen between Husband and Wife, whereby they have
been living separate and apart; and
WHEREAS, the Wife has commenced a divorce action against Husband at Docket No. 2002-
4088 in Cumberland County, Pennsylvania; and
WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the
property rights of the parties and to dispose of the rights and obligations of each to the other
in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other
rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and
agreement of the parties that this Agreement be a full, complete and final settlement of all of
those rights and obligations under said Divorce Code; and
NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be
bound by the provisions hereof, the parties agree that their recitals form a part of this
Agreement and waive any right to counseling under the Dh'orce Code of 1980, as amended,
and right to counsel fees, costs, alimony, support, maintenance, and any other rights under
the said Divorce Code not provided for herein and agree as follows:
1
The parties agree that it shall be lawful for each party, at all times hereafter, to live separate
and apart from the other, at such place or places as he or she may, from time to time, choose
or deem fit. Each party shall be free from interference, authority or contact by the other, as
fully as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful existence, separate and apart,
from the other.
2
Husband agrees to convey the marital home of the parties located at 172 Springfield Road,
Shippensburg, North Newton Township, Cumberland County, Pennsylvania (Real Estate) to
Wife. Husband agrees to execute a deed to that effect.
3
The parties acknowledge that there is an existing mortgage on the Real Estate which Husband
is conveying to Wife as set forth in Paragraph 2 above. Wife agrees to assume said mortgage
payments, and Wife agrees to indemnify and hold Husband harmless with respect to all
matters relating to the mortgage.
4
The parties acknowledge that they have equitably divided all other items of personal
property, and both parties waive any claim on any items of personal property in the
possession ofthe other party.
5
Each party waives any claim they may have against thc other party's retirement plan.
6
Each party hereby represents that they have disclosed all of the marital assets to the other
party in the negotiations for the consummation of this Agreement.
7
The parties agree to execute the Consent Affidavits in order to finalize the divorce, the Wife
agrees to proceed with finalizing the divorce case.
8
Both parties shall incur their own legal expenses with respect to this divorce litigation.
9
The parties agree that they will not contract or incur any debt or liability for which the other
party might be responsible and shall indemnify and save the other party harmless from any
and all claims or demands made against that party by reason of such debts or obligations
incurred by the other party.
10
Should a decree, judgment or order of separation or divorce be obtained by either of the
parties in this or any other state, country, or jurisdiction, each of the parties hereby consents
and agrees that this Agreement and all of its covenants shall not be affected in any way by any
such separation or divorce; and that nothing in any such decree, judgment, order or further
modification and revision thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry, it being understood by and between
the parties hereto that this Agreement shall survive and shall not be merged into any decree,
jndgment, or order of divorce or separation. It is specifically agreed, however, that a copy of
this Agreement or the substance of the provisions thereof, may be incorporated by reference
into any divorce, judgment or its decree. This incorporation, however, shall not be regarded
as a merger, it being the specific intent of the parties to permit this Agreement to survive any
judgment and to be forever binding and conclusive upon the parties.
11
Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the
other and the estate of such other, for all time to come, and for all purposes whatsoever, from
any and all rights, title and interest, or claims in or against the estate of such other, of
whatever nature and wherever situate, which he or she now has or at anytime hereafter may
have against such other, the estate of such other or any part thereof, whether arising out of
any former acts, contracts, engagements or liabilities of such other or by way of dower or
courtesy of claims in the nature of dower or courtesy, or widow's or widower's rights, family
exemption or similar allowance or under the intestate laws; or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or
other rights of the surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of Pennsylvania, any state, commonwealth or territory of the United
States, or any other country or any right which either party may now have or at anytime
hereafter have for past, present or future support or maintenance, alimony, alimony pendente
lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except and only except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision
thereof. It is the intention of Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any
kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire,
except and only except all rights and agreements and obligations of whatsoever nature arising
or which may arise under this Agreement or for the breach of any provision thereof.
12
Each party individually covenants and agrees that he or she will individually assume the full
and sole responsibility for legal expenses for his or her attorney and court costs in connection
with any divorce action which may be brought by either' party and shall make no claim
against the other for such costs or fees.
13
Each of the parties shall, from time to time, at the request of the other, execute, acknowledge
and deliver to the other party any and all further instruments or documents that may be
reasonably required to give full force and effect to the provisions of this Agreement.
14
A modification or waiver of any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of
either party to insist upon the strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of the same or similar nature.
15
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth
herein.
16
It is specifically understood and agreed by and between the parties thereto that each
paragraph hereof shall be deemed to be a separate and independent agreement.
17
If either party breaches any provision of this Agreement, tht, other party shall have the right,
at his or her election, to sue for damages for such breach or seek such other remedies or relief
as may be available to him or her and the party breaching this Agreement shall be responsible
for payment of legal fees and costs incurred by the other in enforcing the rights under this
Agreement, or in seeking such other remedies or relief as may be available to him or her.
18
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
19
If any term, condition, clause or provision of this Agreement shall be determined or declared
to be void or invalid in law or othelWise, then only that term, condition, clause or provision
shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid
and continue in full force, effect and operation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
WITNESS
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LYNN C. BENNESE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO. 02 - 4088 CIVIL ACTION - LAW
RAYMOND G. BENNESE,
Defendant
IN DIVORCE
A FFTnA VIT OF SF.RVICF.
I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the
Complaint and Notice to Plea filed in the above referenced matter was served on Defendant,
Raymond G. Bennese, by his attorney, Thomas S. Diehl. A copy of the Acceptance of Service is
attached hereto and marked Exhibit A,
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Hubert X. Gilro , Esquire
Attorney for aintitT
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, PA 17013
717 - 243-4574
Sworn and subscribed
before me this
\DH
day of July, 2003
~.~~L&CeF~
Notary Pub 'c
Notarial Seal
Bridget Ann Corcoran. Notary Public
Carlisle Boro, Cumberland County
My Commission Expires June 10.2006
Member, PennsylvanlaAssociationotNolarte8
LYNNe. BENNESE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2002-4088
CIVIL TERM
RAYMOND G. BENNESE,
Defendant
: CIVIL ACTION .. LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, Thomas S. Diehl, Esquire, counsel for Defendant in the above-captioned matter, hereby
accept service of the Complaint in Divorce on behalf of Raymond G. Bennese, in full satisfaction
of the Pennsylvania Rules of Civil Procedure.
DA IE: September 9, 2002
Attorney for Defendant
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
EXHIBIT
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LYNN C. BENNESE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO. 02 - 4088 CIVIL ACTION - LAW
RAYMOND G. BENNESE,
Defendant
: IN DIVORCE
PRAF.CJPF. TO TRANSMIT RF.CORO
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
1. Ground for Divorce: Irretrievable breakdown under Section (X)3301(c) ()3301(d)(I) of
the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: Septemb{~r 4, 2002, First Class Mail upon
Thomas S. Diehl, Esquire, attorney for the Defendant.
3. (Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce
Code: By Plaintiff: March 28, 2003; Defendant: March 7,2003.
(b) (I) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the
Divorce Code:_; (2) Date of service of the Plaintiffs affidavit upon the Defendant:_.
4. Related claims pending: None.
5. Complete either (a)(b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce: was filed with the Prothonotary:
April 7, 2003.
(c) Date Defendant's Waiver of Notice in ~3302(c) Divorce was filed with the Prothonotary:
March 13, 2003. "
Hubert X. i1roy, Esquire
Attorne for Plaintiff
Broujos & Gilroy, PC
4 North Hanover Street
Carlisle, P A 17013
717-243-4574
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
LYNN C. BENNESE
PLAINTIFF
VERSUS
RAYMOND G. BENNESE
DEFENDANT
AND NOW,
PENNA.
NO.
02 - 4088
DECREE IN
DIVORCE
1~
LYNN C. BENNESE
DECREED THAT
AND
RAYMOND G. BENNESE
If.,"
, ~oo.3, IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOL.LOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
Property Settlement Agreement dated May 23, 2003 is incorporated
.
into this Order.
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By THE COU;~{
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PROTHONOTARY
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LYNN C. BENNESE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v
: NO. 02 - 4088
CIVIL ACTION - LAW
RAYMOND G. BENNESE,
Defendant
STIPULATION
The parties to the above captioned action, Lynn C. Bennc:se (Mother) and Raymond G.
Bennese (Father) hereby stipulate and agree as follows:
I. Mother and Father are the parents of Kristian G. Bennese, born May 9,
1994; Cheyenne R. Bennese, born November 24, 1995; and Noelle R.
Bennese, born April 19, 2000.
2. The parties agree that they shall enjoy shared legal custody of the minor
children.
3. The parties agree that Mother shall enjoy primary physical custody of the
minor children.
4. The parties agree that Father shall enjoy liberal periods of temporary
physical custody/visitation with the minor child at such time as the parties
agree.
5. The parties agree that this Stipulation may be filed with the Cumberland
County Court and that the court may issue an order incorporating the terms
of this Stipulation as a custody order.
WITNESS
Date: 111 ~I 0 ':;7
. Bennese
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Date: ')(tS/03
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LYNN C. BENNESE,
Plaintiff
v
RAYMOND G. BENNESE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 2002 - 4088 CIVIL ACTION - LAW
: IN DIVORCE
COURT ORDER
AND NOW, this (, # day of~" , 2003, upon
consideration of the attached Stipulation filed in the above matter, the terms of the
Stipulation are incorporated herein as a Court Order.
cc:
~ert X. Gilroy, Esquire
~ond G. Bennese
516 Meadow Drive
Shippensburg, PA 17257
BY THE COURT,
By:
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MARIA P. COGNETTJ & ASSOCIATES
KRISTOPHER T. SMULL, ESQUIRE
Attorney I.D. No. 69140
210 Grandview A venue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant/Petitioner
LYNN C, GRAY,
f/kla LYNN C. BENNESE
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 02 - 4088
RA YMOND BENNESE,
DefendantlPetitioner
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR CONFIRMATION OF CUSTODY
AND NOW, comes the Defendant, Raymond Bennese, by and through his attorney,
Kristopher T. Smull, Esquire, with this Petition for Confirmation of Custody and hereby avers as
follows:
1. Petitioner is Raymond Bennese (hereinafter "Father") an adult individual currently
residing at 516 Meadow Drive, Shippensburg, Franklin County, Pennsylvania.
2. Respondent is Lynn Gray (hereinafter "Mother"), an adutt individual currently
residing at 9 Butternut Lane, Mechanicsburg, Cumberland County, Pennsytvania.
3. Father seeks to confirm the custodiat schedule with regard to the following minor
children: Kristian Bennese, born May 9, 1994, age eleven (II); Cheyenne Bennese, born
November 24, 1995, age ten (10); and Noelle Bennese, born April 19,2000, age five (5).
4. The parties hereto entered into a Stipulation as to custody of the parties' three (3)
children on July 13,2003. A true and correct copy of said Stipulation is attached hereto, made a
part hereof and marked Exhibit" A."
5. Pursuant to paragraph 4 of the Stiputation the custody schedule regarding the
children was to be agreed upon by the parties and allowed Father liberal periods of temporary
physical custody.
6. For the past two (2) years the parties have operated under the fotlowing custody
schedule: Monday through Friday with Mother; every other weekend from Friday evening until
Sunday evening with Father; one (I) evening visit per week with Father.
7. Mother recently decided that Father should have less time with the children and
unilaterally eliminated his alternating Friday overnight.
8. Father seeks to confirm the custody schedule that the parties had followed for the
past two (2) years.
9. The children were not born out ofwedtock. The children are presently in the
custody of Mother.
10. During the last five (5) years the children have resided with the following persons
at the following address:
Name Address Dates
Mother and Father 172 Springfield Road, Birth - April 2002
Shippensburg, P A
Mother 9 Butternut Lane, May 2002 - June 2005
Mechanicsburg, P A
Mother and Daniel Gray 9 Butternut Lane, July 2005 - Present
Mechanicsburg, P A
11. The relationship of Mother to the children is that of natural parent. Mother
currently resides with the children and her husband, Daniel Gray at 9 Butternut Lane,
Mechanicsburg, New Cwnberland, Cwnberland County, Pennsylvania. She is divorced from
Father.
12. The relationship of Father to the chitdren is that of natural parent. Father
currently resides alone at 516 Meadow Drive, Shippensburg, Franklin County, Pennsylvania. He
is divorce from Mother.
13. Father has not participated as a party or a witness, or in any other capacity in other
litigation concerning the custody of the children in this or any other Court.
14. Father has no information ofa custody proceeding concerning the children
pending in a court of this Commonwealth.
15. Father does not know of a person not a party to the proceedings who has physical
custody ofthe children or claims to have custody or visitation rights with respect to the children.
16. The best interest and permanent welfare of the children will be served by granting
the relief requested.
17. 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, Father requests the Court to confirm the current custody status of shared
legal custody and partial physical custody of the child with Father.
Date: J I ,:J.. J /0 (.
By:
Respectfully Submitted:
MART PlrNEm & ASSOCIAl'ES
I V
KRI E T. SMULL, ESQUIRE
Attorney 1.0. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant/Petitioner
LYNN C. BENNESE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v
: NO. 02 - 4088
CIVIL ACTION - LAW
RAYMOND G. BENNESE,
Defendant
STIPULATION
The parties to the above captioned action, Lynn C. Bennese (Mother) and Raymond G.
Bennese (Father) hereby stipulate and agree as follows:
1. Mother and Father are the parents of Kristian G. Bennese, born May 9,
1994; Cheyenne R. Bennese, born November 24, 1995; and Noelle R.
Bennese, born April 19, 2000.
2. The parties agree that they shall enjoy shared legal custody of the minor
children.
3. The parties agree that Mother shall enjoy primary physical custody of the
minor children.
4. The parties agree that Father shall enjoy liberal periods of temporary
physical custody/visitation with the minor child at such time as the parties
agree.
5. The parties agree that this Stipulation may be filed with the Cumberland
County Court and that the court may issue an order incorporating the terms
of this Stipulation as a custody order.
WITNESS
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Date: 1/1?;J( 6 '::;
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Lynn'-C. Bl{ nese
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Date: 7(15/0,:;'
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VERIFICATION
I, Raymond Bennese, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to
unsworn verification to authorities.
Date:
~_\ ~~
R mond Bennese
CERTIFICATE OF SERVICE
!, Kristopher T. Smull, Esquire, Attorney for Raymond Bennese, Defendant/Petitioner
herein, do hereby certify that on this date I served the foregoing Complaint via certified mail and
by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid,
addressed as follows:
Lynn Gray
9 Butternut Lane
Mechanicsburg, PA 17050-7943
Respondent
Respectfully Submitted:
Date: 3 j 02 :; ! D ~
By:
\l~ TNF.V & ASSOCIAT,^
KRISTOP Ell: T. SMUL , ESQUIRE
Attorney J.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant/Petitioner
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LYNN C. ORA Y FIK/A LYNN C. BENNESE
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
02-4088 CIVIL ACTION LAW
RAYMOND BENNESE
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW,
Tuesday, April 04, 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~~!.h,Floor, Cumberland County Courthonse, Carlisle on
Thursday, May 18, 2006
at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference mav
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any aud 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: Isl
Hubert X GilroL E~----+J'{fl
Custody Conciliator VI
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 omce. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE 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
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LYNN C. GRAY FIKIA LYNN C. BENNESE,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2002-4088 CIVIL ACTION - LAW
RAYMOND BENNESE,
DefendantJPetitioner
: IN CUSTODY
ORDER OF COURT
AND NOW, this 1'- day of ,-., "i ' 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated August 6, 2003 is hereby vacated.
2. The Father, Raymond Bennese and the Mother, Lynn C. Gray F/K1A Lynn
C. Bennese, shall have shared legal custody of Kristian Bennese, born May 9, 1994,
Cheyenne Bennese, born November 24, 1995 and Noelle Bennese, born April 19, 2000.
Each parent shall have an equal right, to be exercised jointly with the other parent, to
make all major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health, education and religion.
Pursuant to the terms ofPa.C.S. ~5309, each parent shall be entitled to all records and
information pertaining to the children including, but not limited to medical, dental,
religious or school records, the residence address ofthe children and the other parent. To
the extent one parent has possession of any such records or information, that parent shall
be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the other
parent. Both parents shall be entitled to full participation in all educational and
medical/treatment planning meetings and evaluations with regard to the minor children.
Each parent shall be entitled to full and complete information from any physician, dentist,
teacher or authority and copies of any reports given to them as parents including, but not
limited to: medical records, birth certificates, school or educational attendance records or
report cards. Additionally, each parent shall be entitled to receive copies of any notices
which come from school with regard to school pictures, extracurricular activities,
children's parties, musical presentations, back-to-school nights, and the like.
3. Mother shall have primary physical custody of the children.
4. Father shall have periods of partial physical custody as follows:
A. Alternating weekends beginning May 27, 2006 from Saturday at 10:00
a.m. to Sunday at 8:30 p.m.
B. While school is in session, one evening per week from 4:30 p.m. to .
8:30 p.m. The evening per week will alternate Tuesday and Thursday,
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the Tuesday shall be the same week Father has weekend custody and
Thursday shall be the week Father does not have weekend custody.
C. During the summer, every Wednesday from 7:30 a.m. to 8:30 p.m.
D. Such other times as the parties agree.
5. Transportation shall be shared such that the receiving party shall transport.
6. The parties shall cooperate with and participate in the children's
counseling. In this regard, the parties shall sign any and all releases requested by the
counselor so that information may be exchanged between the parties and the parties'
attorneys. Mother shall notify the counselor of Father's interest in participating in the
counseling.
7. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control. Another
Custody Conciliation Conference is scheduled for July 18,2006 at 8:30 a.m.
BY THE COURT,
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LYNN C. GRAY F/KIA LYNN C. BENNESE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2002-4088
CIVIL ACTION - LAW
RAYMOND BENNESE,
DefendantIPetitioner
: IN CUSTODY
PRIOR JUDGE: Kevin A. Hess, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Kristian Bennese
Cheyenne Bennese
Noelle Bennese
May 9, 1994
November 24, 1995
April 19, 2000
Mother
Mother
Mother
2. A Conciliation Conference was held in this matter on May 18, 2006, with
the following in attendance: The Father, Raymond Bennese, with his counsel, Kristopher
T. Smull, Esquire, and the Mother, Lynn C. Gray F/KIA Lynn C. Bennese, with her
counsel, Marylou Matas, Esquire.
3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated
August 6,2003 providing for shared legal custody with Mother having primary physical
custody and Father having periods of partial physical custody as agreed.
4.
The parties agreed to an Order in the form as attached.
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Date
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Custody Conciliator
JUll 9 2006 ~
~
LYNN C. GRAY FfKJA LYNN C. BENNESE, : IN THE COURT OF COMMON PLEAS OF
PlaintifflRespondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2002-4088 CIVIL ACTION - LAW
RAYMOND BENNESE,
DefendantIPetitioner : IN CUSTODY
ORDER OF COURT
AND NOW, this '],'" day of ~~ , 2006, upon
consideration of the attached Custody Conciliat n eport, it is ordered and directed as
follows:
1. The prior Order of Court dated May 19, 2006 shall remain in full force
and effect with the following modifications and additions:
2.
following:
Paragraph 4 shall be deleted and replaced in its entirety with the
A. Father shall have periods of partial physical custody as follows:
1. Father shall have one uninterrupted week of vacation with all
three children in the summer, provided he give Mother one
week prior notice.
2. Alternating weekends from Saturday at 10:00 a.m. to Sunday at
8:30 p.m. However, once Father relocates closer to
Mechanicsburg, Father's alternating weekends shall be from
Friday to Sunday with the two younger children at times agreed
by the parties.
3. While school is in session, one evening per week from 4:30
p.m. to 8:30 p.m. The evening per week will alternate Tuesday
and Thursday, the Tuesday shall be the same week Father has
weekend custody and Thursday shall be the week Father does
not have weekend custody.
4. During the summer, all three children every Wednesday from
7:30 a.m. to Thursday at 5:00 p.m. or 5:30 p.m.
5. Such other times as the parties agree.
3. Mother shall have one uninterrupted week in the summer, provided she
give Father one week prior notice. For 2006, Mother's week shall be August 20 through
August 26.
4. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
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consent. In the absence of mutual consent, the terms of this Order shall control. Another
Custody Conciliation Conference is scheduled for September 27,2006 at 9:30 a.m.
.
BY THE COURT,
Ad-
J.
cc: Kristopher T. Smull, Esquire, Counsel for Father
Marylou Matas, Esquire, Counsel for Mother
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LYNN C. GRAY FIKJ A LYNN C. BENNESE, : IN THE COURT OF COMMON PLEAS OF
PlaintifffRespondent : CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 2002-4088
CIVIL ACTION - LAW
RAYMOND BENNESE,
DefendantJPetitioner
: IN CUSTODY
PRIOR JUDGE: Kevin A. Hess, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Kristian Bennese
Cheyenne Bennese
Noelle Bennese
May 9,1994
November 24,1995
April 19, 2000
Mother
Mother
Mother
2. A Conciliation Conference was held in this matter on July 18, 2006, with
the following in attendance: The Father, Raymond Bennese, with his counsel, Kristopher
T. Smull, Esquire, and the Mother, Lynn C. Gray FIKJA Lynn C. Bennese, with her
counsel, Marylou Matas, Esquire.
3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated
May 19, 2006 providing for shared legal custody with Mother having primary physical
custody and Father having periods of partial physical custody alternating Saturday to
Sunday and one evening per week.
4. The parties agreed to an Order in the form as attached.
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Date
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acq line M. Verney, EsqUlre
Custody Conciliator
SEP 2 6 2006
L___ -,";
LYNN C. GRAY FIK/A LYNN C. BENNESE,
Plaintiff /Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2002-4088
CIVIL ACTION - LAW
RAYMOND BENNESE,
DefendanUPetitioner
: IN CUSTODY
ORDER OF COURT
AND NOW, this 26th day of September, 2006, being advised that the parties do
not require another Conciliation Conference, the Conciliator hereby relinquishes
jurisdiction in this matter.
FOR THE COURT,
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