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Home My WebLink About07-5062 MICHAEL BUCHENAUER Plaintiff v. RENEE HESS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.4~!-S°~CIVIL TERM CIVIL ACTION -CUSTODY CUSTODY STIPULATION /ORDER h AND NOW, this ~yt day of ~ ~ ~~1~ , 2007, it is hereby Ordered as follows: 1. Makayla Buchenauer, born November 6, 2000, is the natural child of Michael Buchenauer (Father) and the natural child of Renee Hess (Mother). LEGAL CUSTODY 2. The Father, Michael Buchenauer, and the Mother, Renee Hess, shall enjoy shared legal custody of Makayla Buchenauer. Major decisions conceming the Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each party shall not impair the other party's rights to shared legal custody of the Child. Each party shall not alienate the affections for the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 3. While in the presence of the Child, neither parent shall make or permit to ,, C'f} :~~ ~:l,~~ '~ :~#s'd ~l~Z 1 be made by any person, any remarks or actions which could in any way be construed as derogatory or uncomplimentary to the other parent, or in any way injure the opinion of the child as to the other parent. It shall be the responsibility of each parent to uphold the other parent as one to whom the child owes love and respect. 4. Both parents shall have liberal and reasonable telephone contact with the Child when the Child is in the custody of the other parent. PHYSICAL CUSTODY 5. Primary physical custody of the Child shall be in the Father subject to the following period of partial custody with the Mother: a. Beginning Wednesday, August 15, 2007 at 5:00 p.m. Mother shall have custody of the child until Friday August 17, 2007 at 5:00 p.m. On Wednesday August 22, 2007 at 5:00 p.m. Mother shall have custody of the child until Sunday August 26, 2007 at 7:00 p.m. The two-week cycle shall repeat itself. b. Mother's overnight visits with the child are contingent upon Mother possessing a lease or deed to the subject residential property limited to the occupancy of Mother and child unless otherwise agreed upon by Father. 6. Alternating Holidays: In even numbered years, the Mother shall have custody of the Child from 9:00 a.m. until 8:00 p.m. on Easter, July 4t" and Thanksgiving, and the Father shall have custody of the child from 9:00 a.m. until 8:00 p.m. on Memorial Day, Labor Day and the Friday after Thanksgiving. In odd numbered years, the Mother shall have custody of the Child from 9:00 a.m. until 8:00 p.m. on Memorial Day, Labor Day and the Friday after Thanksgiving, and the Father shall have custody of the Child from 9:00 a.m. until 8:00 p.m. on Easter, July 4t", and Thanksgiving. 7. Custody of the Child shall be alternating and rotating for Christmas Eve, Christmas Day and the day after Christmas according to the following: a. Father will have the Child from 8:00 p.m. on Christmas Eve to 8:00 p.m. on Christmas Day in odd-numbered years. b. Mother will have the Child from 8:00 p.m. on Christmas Eve to 8:00 p.m. on Christmas Day in even-numbered years. .~ . ; c. Father will have the Ghild from 8:00 p.m. on Christmas Day to 8:00 p.m. on the day following Christmas in even-numbered years. d. Mother shall have the child from 8:00 p.m. on Christmas Day to 8:00 p.m. on the day following Christmas in odd-numbered years. 8. Father's/Mother's Day: Father shall have physical custody of the Child from 9:00 a.m. until 8:00 p.m. on Father's Day and Mother shall have physical custody of the Child from 9:00 a.m. until 8:00 p.m. on Mother's Day. 9. Child's Birthday: In every year, the Father shall have custody of the child on the child's birthday until 5:30 p.m. and the Mother shall have custody of the child from 5:30 p.m. until 8:00 a.m. the following morning. 10. The parties shall have four weeks of uninterrupted vacation time with the Child. a. The four weeks shall be non-consecutive. b. Notice of at least ten days prior to the vacation shall be provided to the other party the requesting party must provide the following to the non- vacationing party: i. A complete itinerary of the vacation, ii. A list of alf parties accompanying the Child on the vacation, and iii. Contact telephone numbers for the Child. 11. The non-custodial parent shall provide transportation for the exchange of custody. 12. The provisions in this Order shall be strictly adhered to unless otherwise agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. 1n other words, both parties must consent on what shall be the new terms of the custody arrangement or visitation schedule; in the absence of mutual agreement the terms of this Order shall control. 13. In the event either party wishes to modify this Stipulation/Order, they may petition to have the case scheduled with the Court. Michael uchen r 1 ee Hess fitness Hess °- r' BY THE COURT, ~- o? Date c.c. ~ n R. Waltz, Esquire enee Hess, Pro Se ~ r QY°" 0 o$% ii .) MICHAEL BUCHENAUER : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - ~S'Q(De'~CIVIL TERM RENEE HESS, :CIVIL ACTION -CUSTODY Defendant COMPLAINT FOR CUSTODY 1. Plaintiff Michael Buchenauer, an adult individual residing at 251 Pine Hill Road, Carlisle, Pennsylvania 17013. 2. Defendant is Renee Hess, an adult individual residing at 63 North Middleton Road, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks custody of his child, Makayla Buchenauer, born November 6, 2000, currently residing at 251 Pine Hill Road, Carlisle, Pennsylvania 17013. 4. The child is presently in the custody of the Plaintiff. 5. The child has lived at the following addresses: Name Address Dates Makayla M. Buchenauer 251 Pine Hill Rd., Carlisle, PA 17013 5 Years 6. The relationship of the Plaintiff to the child is that of natural father. 7. The relationship of the Defendant to the child is that of natural mother. 8. The plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. The best interest and permanent weffare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 11. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, plaintiff requests your Honorable Court grant the Plaintiff s request for Shared Legal Custody and Primary Physical Custody of the child. Respectfully Submitted, ~ ~ ~~ ~ Date C'lalen R. Waltz, Esc Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the fonrgoing Custody Complaint 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. - 2 ~ O7 `,.~~- Date Michael Buchenauer CERTIFIC~-TE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Complaint for Custody upon Renee Hess by depositing the same in the United States Mail, first class, postage pre-paid on the twenty-fourth day of August, 2007, from Carlisle, Pennsylvania, addressed as follows: Renee Hess 63 North Middleton Road Carlisle, PA 17013 TURD LAW OFFICES Carlisle, PA 17013 (717) 245-96+88 Attorney for Plaintiff h '~ c ~ ~ o c- W ~.~ +..r -~, K wi '~..:. ~'OR1 r ~~+ 41! /~1~ 1 ' ` ~ `T ~~''} ~ Imo( ~ ~ f r+" :~ ~. ~~ r..+ r ~ ...i L.,? .r' `-~ .l t ~ '"~ .~t1 !,~ ;~. ~~:~ ~? ern .~ ~ ~ . .3 MICHAEL BUCHENAUER, : IN THE COURT OF COMMON:PLEAS OF Plaimiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :Civil Action- Law No. 07-5062 RENEE HESS, Defendant IN CUSTODY PETTI'IUN TO MU~.IIFY CUSTt3~Y AND NOW, comes Renee Hess by and through her counsel, Michael J. Where, Esquire and in support of her Petition to Modify Custody avers as follows: 1. Petitioner is Renee Hess, an adult individual who resides at 251 Pine Hill Road, Carlisle, Pennsylvania 17013. 2. Respondeirt is Michael Buchenauer, an aduh individual who resides at 251 Pine Hill Road, Carlisle, Pennsylvania 17013. 3. The parties are the parents of Makayla Buchenauer, bom November 6, 2000. 4. On August 24, 2007, the Honorable Judge M.L. Ebert, Jr., entered a custody order based on an agreement emered imo by the parties. (Attached as Exhibit A) 5. Since the entry of said Order, there has been a significam change in circumstances in that: a) Mother desires to have primary physical custody of the child because she has undertaken and performed the primary parental responsibilities for the child since birth. b) Mother is best able to provide the care and nurture which the child needs for healthy development. c) Mother would like to exercise her custody rights at her new home but is unable to do so under the current custody order because Father will not allow it. 6. The best irnerest of the child will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant modification of the Custody Order as follows: Mather shall have primary physical custody of child subject to periods of partial physical custody every other weekend in Father. Respectfully submitted, Date: ~ ~% ~ -~ 11Tchael J. Whare, squire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff: MICHAEL BUCHENAUER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :Civil Action- Law No. 07-SOb2 RENEE HESS, Defendant IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statemems herein are made subject to the penahies of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date:~~ Renee Hess, Petitioner MICHAEL BUCHENAUER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~, :Civil Action- Law No. 07-5062 RENEE HESS, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Where, Esquire, attorney for Plaintiff, do hereby certify that I this day mailed a copy of the within Petition to Mo~ci?ify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Galen R, Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 Dated: 9 -/y- ° 7 ~ ~^'~ Michael J. Where, Esquire Attorney for Plaintiff MICHAEL BUCHENAUER Plaintiff v. RENEE HESS, Defendant AND NOW, this follows: 2007, it is hereby Ordered as 1. Makayla Buchenauer, bom November 6, 2000, is the natural child of Michael Buchenauer (Father) and the natural child of Renee Hess (Mother). LEGAL. CUSTODY 2. The Father, Michael Blachenauer, and the Mother, Renee Hess, shall enjoy shared legal custody of Maka~rla Buchenauer. Major decisions concerning the Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shill be made by them jointly, after discussion and consultation with each other, with a ',view toward obtaining and following a harmonious policy in the Child's best interest. E~,ach party shall not impair the other party's rights to shared legal custody of the Child. each party shall not alienate the affections for the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their child ~~~that could reasonably be expected to be of concern to the parent then having physical ciustody. With regard to any emergency decisions that must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 3. While in the presence of the Child, neither parent shall make or permit to IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D?'~ CIVIL TERM CIVIL ACTION -CUSTODY be made by any person, any remarks or actions which could. in any way be construed as derogatory or uncomplimentary to the other parent, or in any way injure the opinion of the child as to the other parent. It shall be the responsibility of each parent to uphold the o#her parent as one to whom the child owes love and respect. 4. Both parents shall have liberal and reasonable telephone contact with the Child when the Child is in the custody of the other parent. PHYSICAL CUSTODY 5. Primary physical custody of the Child shall be in the Father subject to the following period of partial custody with the Mother: a. Beginning Wednesday, August 15, 2007 at 5:00 p.m. Mother shall have custody of the child until Friday August 17, 2007 at 5:00 p.m. On Wednesday August 22, 2007 at 5:00 p.m. Mother shalt have custody of the child until Sunday August 26, 2007 at 7:00 p.m. The two-week cycle shall repeat itself. b. Mother's overnight visits with the child are contingent upon Mother possessing a lease or deed to the subject residential properly limited to the occupancy of Mother and child unless otherwise agreed upon by Father. 6. Alternating Holidays: In even numbered years, the Mother shall have custody of the Child from 9:00 a.m. until $:00 p.m. on Easter, July 4th and Thanksgiving, and the Father shall have custody of the child from 9:00 a.m. until 8:00 p.m. on Memorial Day, Labor Day and the Friday after Thanksgiving. In odd numbered years, the Mother shall have custody of the Child from 9:00 a.m. until 8:00 p.m. on Memorial Day, Labor Day and the Friday after Thanksgiving, and the Father shall have custody of the Child from 9:00 a.m. until 8:00 p.m. on Easter, July 4th, and Thanksgiving. 7. Custody of the Child shall be alternating and rotating for Christmas Eve, Christmas Day and the day after Christmas according to the following: a. Father wi{I have the Child from 8:00 p.m. on Christmas Eve to 8:00 p.m. on Christmas Day in odd-numbered years. b. Mother wi{I have the Child from 8:00 p.m. on Christmas Eve to 8:00 p.m. on Christmas Day in even-numbered years. c. Father will have the Child from 8:00 p.m. on Christmas Day to 8:00 p.m. on the day following Christmas in even-numbered years. d. Mother shall hive the child from 8:00 p.m. on Christmas Day to 8:00 p.m. on the day following Christmas in odd-numbered years. 8. Father's/Mother's Day: Father shall have physical custody of the Child from 9:00 a.m. until 8:00 p.m. on Father's Day and Mother shall have physical custody of the Child from 9:00 a.m. until 8:00 p.m. on Mother's Day. 9. Child's Birthday: In every year, the Father shall have custody of the child on the child's birthday until 5:30 p.m. and the Mother shall have custody of the child from 5:30 p.m. until 8:00 a.m. the following morning. 10. The parties shall have four weeks of uninterrupted vacation time with the Child. a. The four weeks shat{ be non-consecutive. b. Notice of at least ten days prior to the vacation shall be provided to the other party the requesting party must provide the following to the non- vacationing party: i. A complete itinerary of the vacation, ii. A list of all parties accompanying the Child on the vacation, and iii. Contact telephone numbers for the Child. 11. The non-custodial parent shall provide transportation for the exchange of custody. 12. The provisions in this Order shalt be strictly adhered to unless otherwise agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that both parties must be in complete agreement to any new terms. In other words, both parties must consent on what shall be the new terms of the custody arrangement or visitation schedule; in the absence of mutual agreement the terms of this Order shall control. , 13. In the event either party wishes to modify this Stipulation/Order, they may petition to have the case scheduled with the Court. Michael uchen~r ~ ee Hess ` /,,~'~ ~tness ~ Hess ---~- 7 Date BY THE COURT, S , J. c.c. Galen .R. Waltz, Esquire Renee-Hess, Pro Se , TR~lE COSY FROM RRCORD In T tiirNny vvhereaf l here , nt~ set 'my 1~ t ~ffliiof rt Aisle, f~a.. r ....c.~.'1..~ day •f..... •, ~"'T o ~ ~ ~ ~ -~,! ,~. h `~ , , ,_, V' ~ t? ~ ~~ ?~ (y ~ ~ ~ ° --.. MICHAEL BUCHENAUER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RENEE HESS DEFENDANT • 2007-5062 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 19, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 23, 2007 at 8:30 AM 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: /s/ ac ueline M. Verne Es . 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 offce. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~`~' ~o~. e~~~n`~srv~v~d 1r.Wf~n~ ~r.~ r ~~,~~'d(1J I ~ `~ Wd b 1 d3S tQOZ R~b'1GtV~N.t~d ~FLL ~G -~. OCT 2 g~OD1 '~'`~ MICHAEL BUCHENAUER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VI. :2007-5062 CIVIL ACTION -LAW RENEE HESS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 3t~~ day of ~ c.~ 01p~J' , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court shall remain in full force and effect with the following modifications: 2. Father agrees to permit Mother and the child to live with Eric. 3. Paragraph 7 (a) and (b) are modified such that where it states "8:00" shall be changed to "4:00." 4. This Order is entered pursuant to 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 Conciliation Conference is scheduled for Thursday, January 24, 2008 at 8:30 a.m. or sooner if necessary. BY THE COURT, M. L. Ebert, Jr. J. cc: Michael J. Whare, Esquire, Counsel for Mother ~ ~~~~ ~~~~ Galen R. Waltz, Esquire, Counsel for Father < <~~~v7 ~~ W~~ Vt.. Ravi ~i !~.11.a~.~ ri~ ~iV -. MICHAEL BUCHENAUER, Plaintiff V. RENEE HESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-5062 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Makayla Buchenauer DATE OF BIRTH CURRENTLY IN CUSTODY OF November 6, 2000 Father 2. A Conciliation Conference was held in this matter on October 25, 2007 with the following individuals in attendance: The Mother, Renee Hess, with her counsel, Michael J. Whare, Esquire, and Father, Michael Buchenauer, with his counsel, Galen R. Waltz, Esquire. 3. The Honorable M.L. Ebert, Jr. entered an Order of Court dated August 24, 2007 providing for shared legal custody, Father having primary physical custody with Mother having periods of partial physical custody Wednesday to Friday one week and Wednesday to Sunday the second week on a rotating basis, provided Mother had stable housing and only lived with the child unless Father approved otherwise. 4. The parties agreed to an Order in the form as attached. ~ 7 ~ ~ - ~S~ • U Date ac line M. Verney, Esquire Custody Conciliator