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Home My WebLink About07-6156PETER C. BUCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007- 4 ls6 ?cQ --r^- LISA L. BUCH, CIVIL ACTION -LAW Defendant CUSTODY COMPLAINT FOR SHARED CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, PETER C. BUCH, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff is PETER C. BUCH, whose address is 4971 Saddlebrook Drive, Harrisburg, Dauphin County, Pennsylvania, effective September 10, 2007. 2. Defendant is LISA L. BUCH, whose address is 1275 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are married and are the parents of three children, MADISON T. BUCH, born May 24, 1996, SYDNEY T. BUCH, born July 31, 1998 and CHASE A. BUCH, born November 18, 2003. 4. The best interests and welfare of the minor children require that shared physical and legal custody be with both parents, on an equal basis. 5. The minor children have resided at 1275 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania with both parents until the parties' separation on September 10, 2007. Since that date they have resided with Mother. 6. Plaintiff does not have any information of any custody proceeding concerning said minor children in any court in Pennsylvania or any other State, other than an action filed by Plaintiff on September 7, 2007, entered to No. 2007-5367, Court of Common Pleas of Cumberland County, which was discontinued by Praecipe filed on September 21, 2007. 7. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor children in Pennsylvania or any other State, except as otherwise noted above. 8. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor children or who claims to have custody or visitation rights with respect to them. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that shared physical and legal custody of the minor children, MADISON T. BUCH, SYDNEY T. BUCH and CHASE A. BUCH, be placed with both parents. Respectfully submitted, Date: October 15 , 2007 MAX J. SMITH, , squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. HI Z) Lo Q?l f !y l a J ? ?=- N J tY-? d cyl PETER C. BUCH PLAIN V. LISA L. BUCH IN THE COURT OF COMMON PLEAS OF F CUMBERLAND COUNTY, PENNSYLVANIA • 2007-6156 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, it is hereby directed that r at 4th Floor, Cumber for a Pre-Hearing Custod, if this cannot be accompli order. All children age fi, provide grounds for entry The court hereby Special Relief orders, an Thursday, October 25, 2007 , upon consideration of the attached. Complaint, arties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, and County Courthouse, Carlisle on Thursday, December 06, 2007 at 8:30 AM Conference. At such conference, an effort will be made to resolve the issues in dispute; or ;hed, to define and narrow the issues to be heard by the court, and to enter into a temporary ,e or older may also be present at the conference. Failure to appear at the conference may of a temporary or pennanent order, directs the parties to furnish any and all existing Protection from Abuse orders, d Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act f 1990. For information about accessible facilities and reasonable accommodations available to disable individuals having business before the court, please contact our office. All arrangements must be made at lea t 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heari g. YOU SH ULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTOR EY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW T FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 L.O-S?'01 fll.t?'ti? ? 1V 9? 3V 1 ? .Z Pd -Z € 3Q LOOZ '-]HI JO SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P. C. Paige Macdonald-Matthes, Esquire Attorneys for Defendant. Pa. Attorney I.D. No. 66266 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 635-2952 (facsimile) --------------------------------------------------------------------------------------------------------------------- PETER C. BUCH : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2007-6156 CIVIL TERM V. LISA L. BUCH, CIVIL ACTION- LAW Defendant :CUSTODY DEFENDANT'S ANSWER TO CUSTODY COMPLAINT TOGETHER WITH COUNTERCLAIM FOR CUSTODY AND NOW, comes Defendant, Lisa L. Buch, by and through her counsel, Serratelli, Schiffman, Brown & Calhoon, P. C., and files her Answer To Plaintiff's Complaint for Shared Custody, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that the "best interests and welfare of the minor children require that shared physical and legal custody be with both parents, on an equal basis." 5. Admitted in part and denied in part. It is admitted that the minor children have resided at 1275 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania with both parties until the parties' separation. Defendant is without knowledge sufficient to form a belief as to the truth of the balance of the averments set forth in paragraph 5 of the Complaint for Custody and strict proof of the same, if relevant, is demanded at the time of hearing. 6. Admitted. 7. Admitted. 8. Admitted. WHEREFORE, Defendant, Lisa L. Buch respectfully requests that this Honorable Court deny Plaintiff's Complaint for Shared Custody, award her primary physical custody of the parties' minor children, and further award Defendant all such other relief as is proper and just. COUNTERCLAIM FOR CUSTODY 9. The averments set forth in paragraphs 1 through 8 are incorporated herein as if more fully set forth at length herein. 10. Defendant/Counterclaim Plaintiff (hereinafter "Defendant") seeks primary physical custody and shared legal custody of the following children: Name Present Residence Awe Madison T. Buch 1275 Windsor Road, Mechanicsburg, PA (DOB 5.24.96) Sydney T. Buch 1275 Windsor Road, Mechanicsburg, PA (DOB 7.31.98) Chase A. Buch 1275 Windsor Road, Mechanicsburg, PA (DOB 11. 18.03) 11. The children are not born out of wedlock. The children are currently in the custody of Defendant. 12. During the past five (5) years, the children have resided with the following persons and at the following addresses: Persons Address Dates Mother 1275 Windsor Road, Mechanicsburg 09/2007 to present Mother and Father 1275 Windsor Road, Mechanicsburg 04/2005 to 09/2007 Mother and Father 710 Alberta Avenue, Mechanicsburg 08/2000 to 04/2005 13. The mother of the children is Lisa L. Buch. She is married to, but separated from, the father of the children, Peter C. Buch. 14. The relationship of Defendant to the children is that of Mother. Defendant resides with the children. 15. The relationship of Plaintiff/Counterclaim Defendant (hereinafter "Plaintiff") to the children is that of Father. Plaintiff presently resides alone. 16. Defendant 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. Defendant has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 17. Defendant does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 18. The best interest and permanent welfare of the children will be served by granting Defendant the relief she requests because: a. Defendant has always been the children's primary caregiver; b. The children look to Defendant/ as a constant source of love, stability and support; c. Defendant has at all times relevant placed the physical, emotional, and spiritual needs of the children ahead of her own; d. During the past several years, Plaintiff has spent little, if any, quality time with the children; e. Since the parties' separation, Plaintiff has demonstrated his willingness to place his own physical and emotional needs ahead of the children. Specifically, Plaintiff has invited a female companion to spend the night with him while the parties' youngest child, Chase, was staying with him for the weekend. Not only was Plaintiff indiscrete about his liaisons with this woman, but the children were severely traumatized by the report they received from their brother that a woman who was not their mother was "sleeping in their father's bed". The parties' oldest child, Madison was so distraught by her father's indiscretion that she told someone at school that "she wanted to kill herself." As a direct and proximate result of this statement, the school guidance counselor contacted Defendant to alert her to Madison's statement and to discuss Madison's apparent emotional crisis; and f. Placing primary physical custody with Defendant will maintain the continuity, stability and certainty in the children's lives. 19. 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, Defendant/Counterclaim Plaintiff respectfully requests that this Honorable Court grant her primary physical and shared legal custody of the parties' three children. Respectfully submitted, ?,., G.?,a?.o '`ate Paige Macdonald-Matthes, Esquire Attorney ID No. 66266 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Date: November, 2007 VERIFICATION I verify that the statements made in the foregoing Answer to Complaint for Shared Custody and Counterclaim for Custody 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: Lisa L. Buch CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Defendant/Counterclaim Plaintiff in the above captioned matter, certify that I this day served a copy of the foregoing Answer To Complaint for Shared Custody with Counterclaim for Custody upon the person(s) indicated below by United States First Class ' Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Jeffrey S. Shank, Esquire Gingrich Smith Klingensmith & Dolan 222 S Market, Suite 201 P.O. Box 267 Elizabethtown, PA 17022 Date: November , 2007 `??? J? Paige Macdonald-Matthes, Esquire ::-4 ?.ti - FAI y t ??7 1 71 Ci 1 ^? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PETER C. BUCH, Plaintiff No. 2007-6156 vs ) LISA L. BUCH, ) CUSTODY Defendant ) PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Max J. Smith, Jr., Esquire of James, Smith Dietterick & Connelly, on behalf of the above-named Plaintiff and enter the appearance of Jeffery S. Shank, Esquire of Gingrich, Smith, Klingensmith & Dolan Date: I ( 1 4 By: GINGRICH, SMITH, KLINGENSMITH & DOLAN Date: Noj ) 2, 2-0 07 72-Y ?oiizum, rsquire, Ill #74471 2 South Market Street, Suite 201 Elizabethtown, PA 17022 717-36-1370 By: Max Smith, Jr., E ire, ID # 211 `f James, Smith Dietterick & Connelly P.O. Box 650 Hummelstown, PA 17036 o O C C= -n ITI C=) :33 Fil C, N ? £7 F^`., r r ? - co J o J DEC E 72007 0/'S PETER C. BUCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION -LAW LISA L. BUCH, : NO. 2007-6156 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Lisa L. Buch, and the father, Peter C. Buch, shall enjoy shared legal custody of Madison T. Buch, born May 24, 1996, Sydney T. Buch, born July 31, 1998, and Chase A. Buch, born November 18, 2004. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: (a) For the Christmas holiday, on Sunday, December 23, 2007, from 11:00 a.m. until 3:00 p.m. and on Monday, December 24, 2007, from 10:00 a.m. until 4:00 p.m. (b) Starting the first weekend of January, 2008, the father shall have custody on alternating weekends from Saturday at 10:00 a.m. until 8:00 p.m. and Sunday from 10:00 a.m. until 5:00 p.m. (c) During father's periods of custody in December and running through March, father shall exercise custody with the minor children without father's girlfriend or his girlfriend's children participating in any of the custody arrangements. (d) On the Wednesday following father's weekend of custody, he shall have custody with the minor children from 4:30 p.m. until 7:00 p.m. 4. Starting in April 2008, father's periods of alternating weekends shall continue as set forth above subject to the understanding that father may introduce his girlfriend to the children during the month of April and the girlfriend may participate in the custody arrangements. 5. Starting in May 2008, father's periods of alternating weekends shall be expanded to include overnights with the understanding that there shall be no prohibition with respect to the children being with the father's girlfriend or the girlfriend's child. 6. The parties shall engage themselves, as required, and the three minor children, in counseling to address any emotional issues currently existing with the minor children. Cost of these counseling sessions shall be shared between the parties. The counselor shall be independent and shall have the ability to share with both parents and their attorneys the results of these counseling sessions. 7. The attorneys for the parties shall conduct a telephone conference with the custody conciliator on Thursday, March 20, 2008 at 8:30 a.m. In this conciliation, it is anticipated that the counselor for the children shall have provided a report in advance to the attorneys, and the Conciliator will address any issues pertaining to the children that may bear upon the custody arrangement as set forth above. In the event there is any recommendation made by the counselor, the Conciliator shall have the authority to recommend modification of the Order on issues such as the girlfriend and the girlfriend's child being involved when the father has custody of the minor children. 8. For the Easter 2008 holiday, father shall have custody of the children on Easter Saturday, and mother shall have custody on Easter Sunday. 9. The parties may modify the above custody schedule and any restrictions contained therein as they may agree. Absent an agreement, the schedule set forth above shall control. In the event there are any issues that arise that need to be addressed by the court, legal counsel for the parties may contact the Custody Conciliator directly to schedule another custody conciliation conference. 10. The non-custodial parent shall enjoy reasonable telephone access with the minor children at all times. Judge cc: Jeffrey S. Shank, Esquire t kX rrQ ( LZ / Paige MacDonald-Matthes, Esquire am ity U!\lri N Id f 1 :8 WV Z- Nvr OCR h i"?(1 C} ti i i. a 3Hi J0 30E O--CM- 14 PETER C. BUCH, Plaintiff v LISA L. BUCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2007-6156 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Madison T. Buch, born May 24, 1996, Sydney T. Buch, born July 31, 1998, and Chase A. Buch, born November 18, 2003. 2. A Conciliation Conference was held on December 17, 2007, with the following individuals in attendance: The father, Peter C. Buch, with his counsel, Jeffrey S. Shank, Esquire, and the mother, Lisa L. Buch, with her counsel, Paige MacDonald-Matthes, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: !a ?2 Hubert X. ilroy, Esq re Custody Conciliator PETER C. BUCH Plaintiff V. LISA L. BUCH, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6156 CIVIL TERM : CIVIL ACTION- LAW :CUSTODY PRAECIPE TO WITHDRAW APPERANCE AND ENTER APPEARANCE ON BEHALF OF DEFENDANT, LISA L. BUCH TO THE PROTHONOTARY: Kindly withdraw the appearance of Serratelli, Schiffman, Brown & Calhoon, P. C. and Paige Macdonald-Matthes, Esquire as counsel for Defendant, Lisa L. Buch, and enter the appearance of the Law Office of Samuel L. Andes and Samuel L. Andes, Esquire as counsel for Defendant, Lisa L. Buch. Respectfully submitted, amuel L. Andes, Esquire Attorney I.D. # 17225 Law Office of Samuel L. Andes 525 N. 12th Street. Lemonye, PA 17043 717-761-5361 phone 717-761-1435 fax Respectfully submitted, Paige Macdonald-Matthes, Esquire Attorney I.D. # 66266 Serratelli, Schiffman, Brown & Calhoon, P.C. 2080 Linglestown Road Harrisburg, PA 17110 717-540-9170 phone 717-540-5481 fax CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw Appearance and Enter Appearance has been served upon all parties of interest by placing the same in the United States Mail, first-class, postage pre-paid, at Harrisburg, Pennsylvania on this 26th day March, 2008, and addressed as follows: Jeffrey S. Shank, Esquire Gingrich Smith Klingensmith & Dolan 222 S Market, Suite 201 P.O. Box 267 Elizabethtown, PA 17022 Samuel L. Andes, Esquire Law Office of Samuel L. Andes 525 N 12th Street PO Box 168 Lemoyne, PA 17043 aig acdonald-Matthes, Esquire ?°} r-? ?? ? ?[i ?? ? ?, ?? .. ? ? ? ? ? ,;, _? {'T1 r ; ; ? ?,a ? .. CJ