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HomeMy WebLinkAbout84-2300 TAMMY K HOY-McCLUItE, : IN THE COURT OF COMMON PT F A 4 OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2300 CNIL 1984 GARY E. BUCF~ CIVII. ACTION -LAW Defendant :CUSTODY O~tDER OF COI~RT r AND Now, this ~~ day of ~ 1998 ,upon presentation and consideration of the within Stipulation and Agreement it is hereby made an Order of Court and all other Orders of Court are hereby vacated. BY THE COURT, ~ ~, ,~~ ` ~ J. ,rJ '! .... .. ., ~ .... ~ - TAMMY K. HOY-McCLURE, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2300 CIVIL, 1984 GARY E. BUCHER, :CIVIL ACTION -LAW Defendant :CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between the above-named parties, TAMMY' K. HOY- McCLURE, Plaintiff; (hereinafter referred to as "Mother") and GARY E. BUCHER, Defendant, (hereinafter referred to as "Father"}. WHEREAS, the parties are the natural parents of JENNIFER LYNN BUCHER, born Apri120, 1983 (hereinafter referred to as the "Child"), and WHEREAS, the parties are divorced and living separate and apart; and. WHEREAS, the child has resided for at least the past 11 years in Cumberland County, Pennsylvania; thus, vesting jurisdiction over the issue of custody in the Court of Common Pleas of Cumberland County; and WHEREAS, the parties wish to enter into a comprehensive Custody Stipulation and Agreement modifying their prior agreements in this matter and prior Agreements and Orders in this matter relative to physical and legal custody of the child; and WHEREAS, the parties wish to have the within Stipulation and Agreement entered as an Order of Court in this matter. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have shared or joint legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of temporary or partial physical custody of the child every other weekend from Friday evening between 4:00 and 6:00 p.m. when he shall pick the child up at Mother's residence until Sunday everting at 6:00 p.m. when he shall deliver the child to Mother's residence. These every other weekend periods of temporary physical custody began on January 30, 1998 and shall continue for alternating weeks thereafter. 4. During the Christmas holiday season, the child shall always be in Mother's physical custody from the last day of school before Christmas break until 1:30 p.m. on Christmas Day and shall always be with Father from 1:30 p.m. on Christmas Day until 6:00 p.m. on the last day of the Christmas break before school begins the next day. 5. During the Thanksgiving holiday season, the child shall always be with Mother from the beginning of the Thanksgiving school break until 3:00 p.m. on Thanksgiving Day and shall always be with Father from 3:00 p.m. on Thanksgiving Day until 6:00 p.m. on last day of Thanksgiving break before school begins the next day. 6. The parties will attempt to mutually agree upon other periods of time when the child shall be in Father's physical custody with the desires of the child being taken into consideration for these additional periods of time. 7. The parties acknowledge that the child has been engaged in family counseling with Father and the Father's wife at the Stevens Mental Health Center. Mother will see that the child is transported to the bi-weekly family counseling sessions at Stevens Mental Health Center and will continue to do so as long as the child's involvement is deemed necessary by the counselor at Stevens Mental Health Center, with the counselor's determination that the child. no longer needs to be involved in the counseling being communicated, in writing, to both parties' counsel. In the event Mother is not able to transport the child for the family counseling sessions, Mother must notify Father by no later than one hour before the session is to begin so that Father can make arrangements to transport the child to the session and return the child to Mother following the session. 8. The parties wish to have this Stipulation and Agreement entered as an Order of Court vacating all prior Orders in this matter. 9. The parties will keep each other advised immediately in the event of serious illness or medical emergency 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 parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the children. 10. Neither parent nor any family member shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. 11. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein mentioned. Teresa R. McCormack, Esquire .,~ i ~ .•'° ate Tammy K. oy-McClur ,~ V` ~ Date Gary E. Bucher WITNESSES: ~- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this the .:~~~~ day of~~_~ L~~ ~ ~~ ~ ~ ~~ G f~ , 1998, before me, the undersigned officer, personally appeared TAMMY K. HOY-McCLURE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ _ _ _ Notarf~l c3er+I _~.. Leah A. Miller, hot2ry r"'ubfi~ ~_ Carlisle Boro, Cumberland County My Commission Expires ~~pril t7, 2~t17;?~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this the / ~~ day of , 1998, before me, the undersigned officer, personally appeared GARY E. BUCHER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. -J NOTARIAL SEAL GLORIA J. COPPERSiWITFt, Notary Pufra~ic Camg~ HiN 6aro, Cumb®rlartd Coveefiy, PA My Cr~mr~sisrion Expires Jir!e~ ~1, 1~' cd~~ ~ ~ ~ ~~~ ~a. ~ w~~ ~:, -. TAMMY K. HOY-McCLURE, Plaintiff vs. GARY E. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2300 CIVIL 1984 CIVIL ACTION -LAW CUSTODY ORDER AND NOW, this ~~ day of ~..~, , 1997, upon receipt of the Conciliator's Report, it appearing that the parties have not reached an agreement and that a hearing in this matter is necessary, it is hereby ordered and directed as follows: A hearing is scheduled for the 3 n`~ day of ~.ee, 1997, at GI"•Oc~ o'clock ~- .M., in Court Room Number z- of the Cumberland County Court House, Carlisle, Pennsylvania. Both parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony. Additionally, both parties will submit their proposal for a resolution of the matter. ~• BY THE COU i EDGAR B. BAYLEY,~. Bradley L. Griffie, Esquire -- ~,L,~'~=Q~. `~~i.~~ 9`~• Teresa R. McCormack, Esquire ..~ ~'~" mlb ~s , ~, ~,' •, _ C:. ; _. . : - _.: . ` _ ~' ~ ~ ,.~ c~ ,_ L) TAMMY K. HOY-McCLURE, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2300 CIVIL 1984 GARY E. BUCHER, ) Defendant ) CIVIL ACTION -LAW CUSTODY JUDGE PREVIOUSLY ASSIGNED: The Honorable Edgar B. Bayley CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHRATE CURRENTLY IN CUSTODY OF Jennifer Lynn Bucher May 20, 1983 Defendant 2. A Conciliation Conference was held on August 27, 1997, and the following individuals were present: the Plaintiff and her attorney, Bradley L. Griffie, Esquire; the Defendant appeared with his attorney, Teresa R. McCormack, Esquire. 3. Items resolved by agreement: None. 4. Issues yet to be resolved: An ultimate custody schedule. 5. The Plaintiff s position on custody is as follows: Plaintiff indicated that the parties' youngest child, Jennifer, who is 14 years old, who is the only subject of this custody hearing, wants to move with her mother. Plaintiff says that she has expressed a strong desire to live with her because she does not get along with Father's paramour which is compounded by the fact that Father travels regularly and that she is alone with the paramour herself. In addition, her oldest sister is apparently going to go into the military next year and therefore she will be there in the house by herself. 6. The Defendant's position on custody is as follows: Defendant says that the custody order has been working fine and that the child has not expressed any strong desire to him to move to the Mother's house. He believes that if the child does want to leave, it is because that Mother has less restrictive rules than he does. Furthermore, he does not believe that the child should be removed from the current school district which she has been in all of her life to the Middletown School District. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. A hearing in this matter will take two hours. 10. Other matters or comments: This is a case involving a 14 year old child who has been in the primary custody of her Father for her entire life. It is incumbent upon the Mother to show why that custodial situation should be changed. If the daughter truly expresses a strong desire to move in with her Mother, the court will have to ascertain if she has legitimate reasons for wanting to make the move and if those reasons are legitimate if they are truly in her best interest. The move will involve a significant change for her, not only in the fact that she has resided with her Father primarily all of her life, but also it will entail a completely different school district and subsequent change of friends and social surroundings. The court should note that there is a previous Order in this case which it had entered in 1990 affirming the custodial situation with Father. ~' _~ Date: September 8, 1997 Mic ael L. Bangs Custody Conciliator ... ORDER OF COURT AND NOW, this 16th day of January, 1998, pursuant to the order of December TAMMY K. HOY-McCLURE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GARY E. BUCHER, DEFENDANT 2300 CIVIL 1984 23, 1997, and on the motion of plaintiff, a hearing on the within case is rescheduled for 8:45 a.m., Thursday, February 26, 1998, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Co~r1 Edgar'B.`Bay~y, J. Bradley L. Griffie, Esquire For Plaintiff Teresa R. McCormack, Esquire For Defendant Y-~ saa ~, ';~' " GRIFFIE & ASSOCIATES Attorneys and Counselors At Law Bradley I.. Grii$e 200 North Hanover Street MicheIIe R Calvert Carlisle, PA 17013 Anne M. Shepard (717) 243-5551 Thomas S. Diehl 1(800) 347-5552 FAX 717-243-5063 Robin J. Goshorn OtIIce Manager Chamberebnrg Trost Bidlding Spite 550,14 North Main Street Chambersbarg, PA 17201 (717) 267-1350 January 14, 1998 Reply to: car8sle Honorable Edgar B. Bayley Judges' Chambers One Courthouse Square Carlisle, PA 17013 RE: Hoy-McClure v. Bucher No. 2300 Civil 1984 Dear Judge Bayley: The record in the above-captioned action will reflect that we continued this case from a hearing that was scheduled for December 3, 1997 based upon the parties and counsels' understanding that we had reached an agreement. To date we have not been able to formalize this agreement and my client and I are concerned that this matter will continue to linger without resolution. Therefore I respectfully ask that the court reschedule this matter for cone-half day hearing as the court calendar allows. Opposing counsel, Teresa R. McCormack, was previously advised that I would be forwarding this correspondence to you and is being provided with a copy of this correspondence. BLG/lam cc: Tammy K. Hoy-McClure Teresa R. McCormack, Esquire e TAMMY K. HOY-McCLURE, PLAINTIFF V. GARY E. BUCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2300 CIVIL 1984 ORDER OF COURT AND NOW, this 23rd day of December, 1997, upon agreement of counsel the hearing scheduled for December 3, 1997, IS CANCELLED. The hearing may be rescheduled at the request of any party. By the Courr; Bradley L. Griffie, Esquire For Plaintiff Teresa R. McCormack, Esquire For Defendants Edgar B. Bayley, J. ~. ~s ~~. ~~Y~ ~ M Bradley I.. Gritlse Michelle R Calvert Anne M. Shepard Thomas S. Diehl Robin J. Goshom Office Manager GRIFFIE & ASSOCIATES Attorneys and Counselors At Law December 2, 1997 The Honorable Edgar B. Bayley Judges' Chambers One Courthouse Square Carlisle, PA 17013 RE: Hoy-McClure v. Bucher No. 2300 Civil 1984 Dear Judge Bayley: 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 1(800) 347-5552 FAX 717-243-5063 Chsmbersbarg Trost Building Suite 550,14 North Main Street Chambersburg, PA 17201 (717) 267-1350 Reply to: Carlisle We in fact have reached a final agreement in the above-captioned action and, therefore, the hearing scheduled for December 3, 1997 will not be necessary.. While we have not yet been able to process the final written agreement which will be signed by both parties, we anticipate that that will be able to be concluded in the immediate future. Therefore, with this in mind and with the consent of opposing counsel, Teresa McCormack, Esquire, we ask that the hearing in this matter scheduled for December 3, 1997 at 9:00 be continued generally to allow us to either reschedule the matter if we encounter some unexpected difficulty or finalize the matter through the entry of an order based upon agreement. Your attention and courtesy in this situation is greatly appreciated. BLG/lam cc: Teresa R. McCormack, Esquire Tammy Hoy-McClure Bradley L Gril'Se Michelle R Calvert Anne M. Shepard Thonus S. Dkhl Robin J. Goahorn l)fBce Manager ORIFFIE & ASSOCIATES Attorneys and Counselors At Law 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 1(800) 347-5662 FAX 71?-243-5063 Chamberabar8 Trast Buildin= Spite 550,14 North Main Street Chambersbar~, PA 17201 (717) 267-1350 Reply to: Carlisle February 24, 1998 The Honorable Edgar B. Bayley Judge's Chambers Cumberland County Courthouse One South Hanover Street Carlisle, PA 17013 Re: Hoy-McClure vs. Bucher No. 2300 Civil 1984 Dear Judge Bayley: This is to notify you that the parties in the above-captioned action have, in fact, finally reached a comprehensive agreement. The Agreement has been signed by the Defendant, is in my hands, and should be signed and in your hands imminently. This will negate the need for the hearing as scheduled for Thursday, February 26, 1998 at 8:45 a.m. Your attention and courtesy in this matter is appreciated. Very truly yours, SOCIATES Griffie BLG/jml cc: Tammy Hoy-McClure Teresa McCormack, Esquire SUITS, 19 ` 10:32 A Case # -S 230o Date of Entry Tammy Kaye Bucher Appearances: Plaintiff: Defendant: Gary Eugene Bucher i~~ Aug 14 1984 at M. Entry by Summons ( ) Complaint ( X ) Petition ( ) Appeal ( 1 Revival ( ) ( ) d ~/ 8/21184, Order of Court, fled. You, Gary Eugene Buc23er and Lrnest and Anna Bucher, defendants, have been sued in Court to obtain custody of the Children, Jessica Lynn Bucher, D.O.B. August 28, 197 age 4 years 11 months, and Jennifer Lynn Bucher, D.O.B. play 20, 1983, age 1 year 3 months. You are ordered to appear in person at Courtroom No. 3, 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, the 28th day of Sept., 1984, at x:30 A.M., for a hearing, and to have said children also present. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be =ntered against you and declaratory relief given as requE or the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, J. 8/24/84, ORDER OF COURT, FILED. AND NOW, Aug 24, 1984,rit appearing that the abov action in custody to 2300 Civil 1984 had been set to be ieard on Sep 28, 1984 before Judge Hoffer, and th~action 0 2392 Covil 1984 had been set to be heard on Aug 30, .984, before Judge Bayley. The two cases shall be consolidated and shall be set n Courtroom II. Action in Assumpsit ( ) Trespass ( ) Habeas Corpus ( ) Divorce ( X ) Grounds Equity ( ) Mortgage Foreclosure ( ) Ejectment ( ) Quiet: Title ( ) ste~plevin ( ) Condemnation ( ) ( e ) ~j~ ervice by SHF: a# of ~ R eturn: ~~ ~ for Aug 30,1984 at 2:30 pm By the Court, Edgar B Bayley, J. 9/5/84, Order of Court filed. AND NOW, August 30, 1984, upo : a~;reernei~t of the parties, who were present in court together with counsel, custody of Jessica Lynn Bucher ar~d Jennifer Lynn Bucher shall be joint legal custody shared between the mother and the father. Physical custody of the girls shall be with their father and temporary custody sh be with their father and temporary custody shall be with the mother under the foll^wing arrangement: every other weekend from 9:00 o'clock each Saturday morn- ing through 2:00 o'clock p.m. the following Monday, with weekend visitation comme cing on the weekend after Labor Day 1984; on the alternate holidays from 9:OC a.n unti_ x:00 p.m. of Labor Day, with the mother starting Labor Day 1984, New Years Day, Presidents Day, Easter, Memorail Day, July 4th, Halloween; on Thanksgiving each year the parties to have one-half of each Thanksgiving Day, alternating mornings and evenings; alternating each year on Christmas Eve and Christmas Day; and at such other times as the partie s may agree, it bein~7 understood that the mother and father will cooperate, the mother to see her children upon reasonable ', notice as long as there are no conflicting plans. It is understood that it is the purpose of both parties that all r~randparents shall have regular contact with and input with their grandchildren, and this is understood to be in t~`:e best interest of the children and will be fostered by the parents. B the Court, Ed ar B Ba ley, J. ~ ~~~ ~~ Taxation of Costs Receipt of Fees $85.50 pd atty Weeks ~i d 4 r3-~ -~ A pr Apr ~Cpr Apr 22, 1987, 22, 1887, 22, 1987, 22, 1987, Plffs affidavit of consent, filed. Plffs affidavit, filed. Defts affidavit, filed. L~ fts affidavit of consent, filed. S~ ~~~ a-2 ~J ,/~~ ~~1 ~~ J Sep 3, 1987, Not iceje~° election to retake maiden name, filed. Tammy K. Bucher to be known as Tammy K. Hoy Feb. 12, 1990, Petition To Modify Order Of Custody, and Order of Court, filed. YO(J, GARY EUGENE BUCHER, Defendant, have been sued in Court to abtaa_n custody of the children, Jessica Lynn Bucher and Jennifer Lynn Bucher.. You are ordered to appear in person at the Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania, on the 12th day of March, .1990, at 1:30 o'clock P.M., in Court Rocco No, 2 for a hearing. If you fai.1 to appear as provided by this Order, or to bring the children, an Order for Custody, partial custody or visitation may be enetered aq_ainst you or the Court may issue a warrant for your arrest. BX THE COURT: Edgar B. Bayley, J. March 16, 1990, Order of Court, filed. AND NOW, this 15th day of March, 1990, following a hearing on mother's petition seeking a change in this court's order of August 30, 1984, it is ordered that: 1. This court's order of August 30, 1984, is vacated, 2. Except as provided in paragraphs 5 and 6 hereinafter, physica'. custody of Jessica Bucher, born August 28, 1979, and Jennifer Bucher, born May 20, 1983, shall be with their fath Gary Eugene Bucher. 3. During this period the Mother, Tammy Kaye Hoy, shall have temporary physical custody of Jessica and Jennifer every other weekend from Friday evening at 5:00 p.m. through Sunday evening at 8:00 p.m. If a Monday holiday falls on any of these weekends, the period shall be extended until 8:00 p.m. on that Monday. 4. The parties shall split Thanksgiving Day each year and they shall alternate each year on Christmas Eve and Christmas Day on the schedule they have been following. 5. Each year from the first Saturday after the end of the school year until the second Saturday before the start of the next school year, physical custody of Jessica and Jennifer shall be with their mother. 6. During this period, the father shall have temporary physical custody of Jessica and Jennifer for up to two weeks, either together or separate, during any period of time that he is on vacation. The father shall provide the mother with notice of theses periods not later than the date in which the children begin to live with their mother on the first Saturday after the end of the school year. By the Court, Edgar B. Bayley, J. April 3, 1991, Petition for Modification of Summer Visitation, and Order„ filed. AND NOW, this 3rd day of April, 1991, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq., the conciliator, at Cumberland County Courthouse 4th floor on the 2nd day of May, 1991, at 10:30 a.m., for a Pre-Hearing Custody Conference. A,t 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 shall also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By: Hubert X. Gilroy, Esq. May ?, 1991, Certificate of Service, filed. May 10, 1991, Conciliator Conference Summary Report, and Order, filed, AND NOW, this 10th day of May, 1991, upon consideration of the attached Custody Conciliation Report, a hearing is scheduled in Courtroom No. 2 of the Cumberland county Courthouse, Carlisle, Pennsylvania on the 28th day of May, 1991 at 1:30 p.m. at which time testirrony will be taken on the Father's Petition for Modification o;E the Summer visitation schedule. By The Court: Edgar B. Bayley, J. No. 2300 Civil 1984 (B. F. from pg. 1207) Hoy vs. Bucher June 3, 1991, Order, filed. IN RE: Modification of Visitation. AND NOW, this 2$th day of May, 1991, this matter having been called for a hearing and uon agreement of the parties, it is ordered that: 1. This Court's Order of March 15, 1990,. is amended as follows: Paragraph five, is deleted and replaced with the following: In 1991, from June 22, until July 31; and in future years, for similar periods on specific dates to beset by the parties. 2. Paragraph six, is vacated. In all other respects, the order of March 15, 1990, shall remain .in full force and effect. By The Court: Edgar B. Bayley, J. September 11, 1992, Complaint for Custody, and Order, filed. AND NOW, upon consideration of the attached complaint, it is hereby c~irected that the parties and their respective counsel appear before Samuel L. Andes, Esq., the conciliator, on Tuesday, the 13th day of October, 1992, at 1:00 p.m. at 525 N. 12th St., Lemoyne, Pennsylvania, 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 the entry of a temporary or permanent order. For the Court: Samuel L. Andes, Esq. January 4, 1993, Letter, filed. June 25, 1997, Petition for Contempt and Modification of Custody, filed. June 30, 199?, Order of Court, filed. IN RE: Petition for Contempt and Modification of Custody AND NOW, this 30 day of June, 1997, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Michael L. Bangs, Esquire, the conciliator, at 302 S. 18th St., Camp Hill, Pennsylvania, on the 7 day of August, 1997, at 2 p.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. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court: Michael L. Bangs, Esq., Custody Conciliator Notice and copies mailed 6/30/97 July 21, 1997, Entry of Appearance, filed. Kindly enter my appearance on behalf of the defendant in the above-referenced matter. By: Teresa R. McCormack, Esq. July 23, 1997, Affidavit of Service, filed. September 11, 1997, Custody Conciliation Conference Summary Report, and Order, filed. A[VD NOW, this 11th day of September, 1997, upon receipt of the Conciliat:or's Report, it appearing that the parties have not reached an agreement and that a hearing in this matter is necessary, it is hereby ordered and directed as follows: A hearing is scheduled for the 3rd day of December, 1997, at 9:00 o'clock A.M., in Court Room Number 2 of the Cumberland County Court House, Carlisle, Pennsylvania. Both parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testirr-cny. Additionally, both parties will submit their proposal for a resolution of thc~ matter. By the Court: Edgar B. Bayley, J. Copies mailed 9/12/97 Decembex 23, AND NOW, for December Copies mailed 12/24/97 January 21, 1998, Order of Court, filed. AND NOW, this 16th day of January, 1998, pursuant to the order of December 23, 1997, and ~n the motion of plaintiff, a hearing on the within case is rescheduled for 8:45 a.m., Thursday, ~ebruary 26, 1998, in Courtroom Number 2, Ctiunberland County Courthouse, Carlisle, Pennsylvania. By the Court: Edgar B. Bayley, J. 'opies mailed 1/21/98 1997, Order of Court, filed. this 23rd day of December, 1997, upon agreement of counsel the hearing scheduled 3, 1997, IS CANCELI.ID. The hearing may be reshceddled at the request of any party. By the Court: Edgar B. Bayley, J.