HomeMy WebLinkAbout00-04964
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JAMES M. BOOHER, JR
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V AN1A
PLAINTIFF
V.
TERRI S. BOOHER
00-4964 CIVIL ACTION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, this 20th day of July ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Hnbert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on the ~ day of October , 2000, at 9:30 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.
FOR THE COURT,
By: Isl
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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James M. Booher, Jr.
v.
Terri S. Booher,
Defendant
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODYNISITATION
No. 00 -491.'1
C;o~l '--r~
ORDER OF COURT
And now, this day of ,2000, upon consideration of the attached
complaint, it is hereby directed that the parties and their respective counsel appear before
, the conciliator, at on the _ day of
, 2000, at _ _.m. for a Pre-Hearing Custody Conference. At such
conference, an effort will be made to resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the court, and to enter into a
temporary order. All children age five or older may also be present at the conference Failure to
appear at the conference may provide grounds for entry or a temporary or permanent order.
FOR THE COURT,
By:
Custody Conciliator
The Court of Common Please of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
YOUR SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BARR ASSOCIATION
2 Liberty Avenue
Carlisle, Pa 17013
(717)249-3166
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James M. Booher, Jr.
v.
Terri S. Booher,
Defendant
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
No. o-v _ '"I '1 {, 'I Cu;;;e 7.4-<A-
COMPLAINT FOR CUSTODY
1.
The Plaintiff is James M. Booher, Jr., an adult individual residing at 9546 Upper Strasburg
Rd., Upper Strasburg, Franklin County, Pennsylvania.
2.
The Defendant is Terri S. Booher, an adult individual residing at 232 East Orange St.,
Shippensburg, Cumberland County, Pennsylvania.
3.
Plaintiff seeks custody of the following children:
Name
Present Residence
Derek T. Booher
232 Orange St.
Shippensburg, Pa.
232 Orange St.
Shippensburg, Pa.
232 Orange St.
Shippensburg, Pa.
Amanda S. Booher
Daniel 1. Booher
Age
16
14
11
The children were born in wedlock. The children are presently in the custody of Terri S.
Booher, who resides as aforesaid.
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During the past five years, the children have resided with the following persons at the
following addresses:
Names Addresses Dates
a. James M. Booher, Jr. 9546 Upper Strasburg Rd., 1989 -
Terri S. Booher Upper Strasburg, Pa. Feb. 1999
b. Terri S. Booher 9546 Upper Strasburg Rd., Feb. 1999-
Bobbie Rowles Upper Strasburg, Pa. June 1999
c. Terri S. Booher 232 E. Orange St. June 1999-
Bobbie Rowles Shippensburg, Pa. April 2000
d. Terri S. Booher 232 E. Orange St. April 2000-
Shippensburg, Pa. present
The mother of the children is Terri S. Booher, currently residing as aforesaid. She is
married.
The father of the child is James M. Booher, Jr., who resides as aforesaid. He is married.
4.
The relationship of the Plaintiff to the children is that off ather. The Plaintiff currently
resides alone.
5.
The relationship of the Defendant to the children is that of mother. The Defendant
currently resides with the following persons:
Derek T. Booher
son
Amanda S. Booher
daughter
Daniel J. Booher
son
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6.
Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
Plaintiff has no information of a custody proceeding conceming the children pending in a
court ofthis Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the children.
7.
The best interest and permanent welfare of the child will be served by granting the relief
requested because
. The Plaintiff is able to care for the children.
. The Plaintiff can provide a stable environment for them.
. The Plaintiff works third shift and is therefore available to care for the children
during the day and evening.
. Plaintiff lives approximately 500 yards from his parents' residence, therefore
someone is nearby even at those times when Plaintiff is working.
. Despite Plaintiff's stricter discipline, the two older children advise Plaintiff that
they wish to live with him.
8.
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.
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9.
A copy of this Complaint has been forwarded to Defendant's former attorney of record,
Carol A. Redding, Esquire.
WHEREFORE, Plaintiff requests the Court to grant custody of the children to him.
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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
unsworn falsification to authorities.
Date:
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James M. Booher, Jr., Plaintiff
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JAMES M. BOOHER, JR.,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TERRI S. BOOHER,
Defendant
NO. 2000 - 4964 CIVIl.
IN CUSTODY
COURT ORDER
AND NOW, this / '1 -fA day of October, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in ~;mroom No. 5" of the Cumberland County
Courthouse on the .J.. 9 day of NIJ V ~)J ve ,
2000, at /: IJ /I .M. at which time testimony will be taken in this case. At
this hearing, the Father, James M. Booher, Jr., shall be the moving party and shall
proceed initially with testimony. Counsel for the parties, or the parties themselves if
they do not retain legal counsel in connection with these matters, 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, each parties position on these issues,
a list of witnesses who will be called by that party and a summary of the anticipated
summary of the testimony of each witness. This memorandum shall be filed at least
five (5) days prior to the mentioned hearing date.
2. Pending further Order of this Court, the parties shall continue under the existing
custody arrangement which provides for the Mother to have primary physical
custody and the Father to have liberal periods of temporary physical custody of the
minor children.
BY
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Anne M. Shepard, Esquire
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Terri S. Booher
232 East Orange Street
Shippensburg, P A 17257
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JAMES M. BOOHER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
TERRI S. BOOHER,
Defendant
NO. 2000 - 4964 CIVIL
IN CUSTODY
Prior Judge:
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WIlli THE CUMBERLAND COUNTY CML RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Derek T. Booher, born January 8, 1984; Amanda S. Booher, born April 27, 1986; and
DanielJ. Booher, born February 15, 1989.
2. A Conciliation Conference was held on October 5, 2000, with the following individuals in
attendance:
The Father, James M. Booher, Jr., with his counsel, Anne M. Shepard, Esquire; and the
Mother, Terri S. Booher, who appeared without counsel.
3. The parties are going through a divorce. Mother has had primary custody of the minor
children for over a year. Father suggested that the two older children desire to live with him.
Mother suggested that the two older children have expressed a desire to remain with her
and, especially, remain in the Shippensburg school district. Mother asserts that Father's
motivation in this matter is to reduce his support obligation. Father suggests his motivation
is to accommodate the needs of the children.
4. The parties cannot reach an agreement and a hearing is required.
5. The parties have handled custody on an informal basis over the last year with the Father
enjoying liberal periods of custody pursuant to an agreement of the parties. The Conciliator
recommends that existing custody arrangement remain in place pending a hearing in this
matter.
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6. The Conciliator recommends the entry of an order in the form as attached.
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DATE
Hubert X. Gilroy, Esquire
Custody Conciliator
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James M. Booher, Jr.
Plaintiff
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NO.00-4964 Civil Term
IN THE COURT OF COMMON
PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
v.
CUSTODY/VISITATION
Terri S. Booher,
Defendant
ORDER OF COURT
AND NOW, this , ~ day of ~ tIf. J"'*1 ,2000, upon receipt of
praecipe to withdraw Plaintiff's custody complaint and vacate the October 17, 2000
Order scheduling a hearing on the complaint for November 29, 2000 at 1: 15 p.m. in
Courtroom #5 of the Cumberland County Courthouse,
It is ordered and directed that Plaintiff's custody complaint shall be withdrawn
and the October 17, 2000 Order vacated.
Edward E. Guido, 1.
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CUMpr:H'-'i ii,i,' """U'''Y
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PENNSYLVANIA
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James11.Boohe~Jr.
Plaintiff
v.
Terri S. Booher,
Defendant
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IN THE COURT OF COMMON
PLEAS
OF CUl\1BERLAND COUNTY
PENNSYL VANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
No.00-4964 Civil Term
PRAECIPE TO WITHDRAW CUSTODY COMPLAINT
AND now comes Plaintiff, by and through his attorneys, Anne M. Shepard,
Esquire and Kaminski & Hawbaker, and prays this Court will allow the withdrawal ofthe
Complaint for Custody filed to the above-captioned number and will vacate the Order
dated October 17, 2000 scheduling the custody trial for Wednesday, November 29, 2000
in Courtroom #5 of the Cumberland County Courthouse, Carlisle, Pa.
Respectfully submitted,
Kaminski & Hawbaker
k1Sh(!:! ~
.' Attorney for Plamtiff
221 Lincoln Way East
Chambersburg, Pa. 17201
717-263-4400
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