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HomeMy WebLinkAbout03-0672PATRICK M. BUCHER, Plaintiff PATRICIA A. BUCHER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 6 7,2., CIVIL ACTION- LAW IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY Plaintiff is Patrick M. Bucher, an adult individual currently 106 Hampden Avenue, Camp Hill, Cumberland County Pennsylvania. 2. Defendant is Patricia A. Bucher, an adult individual currently residing at 11 B Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Andrew Patrick Bucher, who was born on January 3, 1996. The child was not born out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: The child resided with the parties at Plaintiff's address until they separated on January 10, 2000. Since that time, Plaintiff has had partial custody of the child whenever Defendant allowed him to do SO. 4. The relationship of the Plaintiff to the child is that of father. He is married and living separately. The Plaintiff currently resides with the following: Name Debbie Matthews Laura Phlegar Relationship Companion Ms. Matthews daughter 5. The relationship of the Defendant to the child is that of mother. She is married and living separately. The Defendant currently resides with the following: Name Relationship Andrew Patrick Bucher Son 6. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 7. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court. 8. The best interest and permanent welfare of the child will be served by granting custody to Plaintiffbecause: He can provide a stable and nurturing environment for his son. 9. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: February 13, 2003 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties ofl 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Patrick M. Bucher CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Custody Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joanne H. Clough, Esquire REAGER & ADLER 2331 Market Street Camp Hill, PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO Tricia-'D. ~ckenroa~ XT'ffan East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 13, 2003 PATRICK M. BUCHER PATRICIA ANN BUCHER Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-672 CIVIL ACTION - LAW IN CUSTODY DEFENDANT PATRICIA ANN BUCHER'S ANSWER TO PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that Plaintiff/Father seeks custody of the child, Andrew Patrick Bucher. It is specifically denied that it is in the best interest and permanent welfare of the minor child that he be in Plaintiff/Father's physical custody. To the contrary, the minor child, Andrew Patrick Bucher, has been in the primary physical custody of his mother, Patricia A. Bucher, since the parties separated in January 2000. Prior to that time, the minor child lived with both parties; however, Defendant/Mother was always the primary caretaker of the child. 5. 6. 7. 8. Admitted. Admitted. Admitted. Admitted. Denied. It is specifically denied that the best interest and permanent welfare of the child will be served by granting Plaintiff/Father primary physical custody of the minor child, Andrew Patrick Bucher. To the contrary, it is in the best interest and permanent welfare of the minor child that he be placed into the primary physical custody of his mother, Patricia A. Bucher, his primary caretaker since birth. Defendant/Mother can provide a more stable and nurturing environment for the parties' son than can Plaintiff/Father. NEW MATTER 10. Paragraphs one (1) through nine (9) are incorporated by reference as set forth here below. 11. Defendant Patricia A. Bucher has been the primary caretaker of the parties' minor child since his birth on January 3, 1996. 12. Since the parties separated on or about January 10, 2000, the child has resided in the de facto primary physical custody of Defendant and has been in the partial physical custody of Plaintiff/Father for purposes of visitation. 13. Plaintiff/Father has recently commenced cohabitation with a woman he met on the Internet and her daughter. It is in the best interest and permanent welfare of the minor child, Andrew Patrick Bucher, that he remain in the primary physical custody of his mother and that his Father exercise periods of partial physical custody with him for the purpose of visitation. Defendant/Mother is able to provide a more stable and nurturing home environment for the parties' son. WHEREFORE, Defendant, Patricia A. Bucher, respectfully requests this Honorable Court to set a time and place for a full Custody Hearing, after which Defendant requests the 2 Court grant her primary physical custody of the minor child, Andrew Patrick Bucher, and grant Plaintiff/Father, Patrick M. Bucher, periods of partial custody tbr purposes of visitation. Respectfully submitted, REAGER & ADLER, PC/ By: ~"~~//( JoanneXlqarrison Clought l~squire I.D. No. 36461 ~) 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 3 VERIFICATION I, Patricia A. Bucher, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 0t~ ~' 0~/-~ ~ PA!FRICIA A. BUCHER CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Dated: Jacqueline M. Verney, Esquire Custody Conciliator 44 South Hanover Street Carlisle, PA 17013-330{ JOANNE HARRISON CLOUGH, JUL U T PATRICK M. BUCHER, Plaintiff V. PATRICIA A. BUCHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-672 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~' day of ~ ~', 1~. 20~ · . -,~,~,¥'-~ , o~, upon consideration of the attached Custody Conciliation Report,~it is ordered and directed as follows: 1. The Father, Patrick M. Bucher, and the Mother, Patricia A. Bucher, shall have shared legal custody of Andrew Patrick Bucher, bom January 3, 1996. 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 his health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: A. Alternating weekends from Friday to Monday at times agreed by the parties. B. One overnight per week, the day and times as agreed by the parties. C. One full week in the summer as agreed by the parties. 4. Holidays shall be shared or alternated as agreed by the parties. 5. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this O.~fer by mutual consent. In the absence o f mutual consent, the terms o,f ,?i~s, Ord,6{~-~//~ff~ntrol. cc: Thomas J. Williams, Esquire, Counsel for Father ~ Joanne Harrison Clough, Esquire, Counsel for Mother~ '~ ~ t~3 PATRICK M. BUCHER, Plaintiff V. PATRICIA A. BUCHER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-672 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Andrew Patrick Bucher January 3, 1996 Mother 2. A Conciliation Conference was held in this matter on July 3, 2003, with the following individuals in attendance: Father's counsel, Thomas J. Williams, Esquire and Mother, Patricia A. Bucher, with her counsel, Joanne Harrison Clough, Esquire. 3. Father filed a custody complaint seeking primary physical custody of the child when Mother intended to relocate to Steelton, Dauphin County, Pennsylvania. As Mother has cancelled her relocation plans, Father is no longer seeking primary physical custody. 4. The parties agreed to the entry of an Order in the form as attached. Date Custody Conciliator