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HomeMy WebLinkAbout01-05293~ a r4 CHRISTOPHER M. AND BECKY M. THIIMMA- : IN THE COURT OF COMMON PLEAS OF BUCHER ; CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 01-5293 CIVIL ACTION LAW V. HILDA F. BAKER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 19, 2001 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacque9ine M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 17, 2001 at 10:30 a.m. for aPre-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: is~ jaccluelane M. Verney Esc~~ Custody 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 scheduled 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :. _.-.-4~ ~. ..ea. ,,^i-r s. . ,u, ...-s: ,.n:.~+,.f. .. .... M ~&ar_ - ~1Yeu 3~1f -.._ . mi'Nluee'aeb~#W6~ -~ . ~ ~ ~~ ~~ ~ ~~~~ /G~ 6/b d,N~.~,~c+~.>nmt r_, ~ ~~J ; 4 t,, ~. ~; ; =~ -~~"- .. ..o.i_~ _.., . ~'' ~ \' SEP 1 ~ 2001 v ,~1pf~ r~s~ph:~ V~~~11C{~ ~ °~ ~~ ~ ~i~vtma_~~ : IN THE COURT OF COMMON PLEAS OF lain iff :CUMBERLAND COUNTY, PENNSYLVANIA V ; CIVIL ACTION LAW f ~~ ~ ~ II`^ : NO.4~-~93 CIVIL 20 ~ f~ r Defendant : CUSTODY/VISITATION ORDER OF COURT AND NOW, this _ day of ,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 , 20 , at M., for a Prehearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard 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: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO POUR LAVV`fER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 1-800-990-9108 ~ Y 1~~ Christopher M. Bucher and Becky M. Thumma-Bucher, Plaintiff NO. 2001 - v. Hilda F. Baker, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No.2001 CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Christopher M. Bucher and Becky M. Thumma-Bucher. residing at 1401 Creek Road Boiling Springs. PA 17007. 2. The Defendant is Hilda F. Baker, residing at 20 South Hiah Street Newville, PA 17241. 3. Plaintiff seeks custody and/or visitation of the following child NAME PRESENT ADDRESS AGE Mackenzie Love Bucher 20 South Hiah Street 5 years old Newville, PA 17241 DATE OF BIRTH September 24, 1995 The child was born out of wedlock. The child is presently in the custody of Hilda F.Baker, who resides at 20 Sout Hiah Street Newville, PA 17241. During the past five years, the child has resided with the following persons and at the following addresses: LIST ALL PERSONS Fred Sr.Love, Hilda Fred & Pat Baker Christopher M. Bucher & Hilda F.Baker Hilda F.Baker & Husband name unknown) ADDRESSES DATES 65 Kissme Road 9-24-95- Newville. PA 17241 6-9-98 517 South Pitt Street 6-9-98- Carlisle, PA 17013 1-1-00 20 South Hiah Street 1-1-00- Newville. PA 17241 Present The mother of the child is Hilda F. Baker currently residing at 20 South Hiah Street Newville, PA 17241. She is married. The father of the child is Christopher M.Bucher, currently residing at 1401 Creek Road Boiling Springs. PA 17007. He is married. ,; ~:. >.~~.rt, 4. The relationship of Plaintiff to the child is father and step other. The Plaintiff currently resides with NAME Becky M.Thumma-Bucher Lois M. Chronister Walter F. Chronister RELATIONSHIP Spouse Step-mother's grandmother Step-mother's grandfather 5. The relationship of Defendant to the child is mother. The defendant currently resides with NAME Mackenzie Love Bucher Hilda's husband RELATIONSHIP Daughter Sten-father to child 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this minor 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 claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because we are able to ,provide a more stable environment for Mackenzie. 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. WHEREFORE, Plaintiff requests this court to grant custody and/or visitation of the child to the Plaintiff. Respectfully submitted, Da a lain iffs i r. ~ ...~ ~ ~ ~ ~. n ~ ~~ cn r*t ~ ~~ O zc- -rte cnr~ ~, sc~ , ~ C ~ ~Il ~ . y~ e. ~~ ~ ~E> "~ A `F~ `~ 3 1 A 1\ 1 ~~~~ ~~ _.. DEC 0 6 2001 ~~ CHRISTOPHER M. BUCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2001-5293 CIVIL TERM HILDA F. BAKER, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of 1~""' , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Becky M. Thumma, wife of Plaintiff, Christopher M. Bucher, lacks standing to bring this action and is hereby deleted from the caption of the case. 2. The Father, Christopher M. Bucher, and the Mother, Hilda F. Baker, shall have shared legal custody of Mackenzie Love Bucher, born September 24, 1995. 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 health, education and religion. The Mother shall have primary physical custody of the child. 4. The Father shall have the following periods of partial physical custody: A. Sunday, December 9, 2001 from 2:00 p.m. to 6:00 p.m. B. Monday, December 24, 2001 from 10:00 a.m. to 6:00 p.m. C. Saturday, January 5, 2002 from 10:00 a.m. to Sunday, January 6, 2002 at 7:00 p.m. D. Alternating weekends thereafter beginning Friday, January 18, 2002 at 7:00 p.m. to Sunday, January 20, 2002 at 7:00 p.m. and continuing thereafter on an alternating weekend schedule at the same times. E. Two hours on Thanksgiving at times agreed by the parties. F. Every Christmas Day beginning Christmas, 2002 from 8:00 a.m. to 1:00 p.m. 5. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day, at times agreed by the parties 6. The parties shall alternate the following holidays: Memorial Day, July 4`h and Labor Day. Father shall have July 4`" in 2002, at times agreed by the parties. 7. The parties shall share transportation such that Mother will drop off the child to Father and Father will return the child to Mother, unless otherwise agreed. 8. Father may take the child out of state during his periods of partial custody, provided he notify Mother of the location and telephone number where the child will be. 9. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 10. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that 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. 11. 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. BY COU , J. cc: Christopher M. Bucher, pro se ~~ 295 Kutz Road (_^' Z~~J Carlisle, PA 17013 ~ S Michael A. Scherer, Esquire, Counsel for Mother ,i,~~e_~,~,~- F ~ ~„ 'i i_% r..,. . CHRISTOPHER M. BUCHER, Plaintiff V. HILDA F. BAKER, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-5293 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 Mackenzie Love Bucher September 24, 1995 Mother 2. A Conciliation Conference was held in this matter on December 5, 2001, with the following individuals in attendance: The Father, Christopher M. Bucher, pro se, and the Mother, Hilda F. Baker, with her counsel, Michael A. Scherer, Esquire. 3. Father's wife, Becky M. Thumma-Bucher was also present and listed as a Plaintiff in the Custody Complaint. I find that Becky M. Thumma-Bucher has no standing to bring the complaint. She was excluded from the conference. 4. The parties agreed to entry of an Order in the form as attached. Date acq line M. Verney, Esquire ~- Custody Conciliator