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HomeMy WebLinkAbout09-1712JACQUELINE BACHMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ()T _ 1 t X Civil Term KEVIN BACHMAN, : IN CUSTODY Defendant 1. Plaintiff is Jacqueline Bachman, who currently resides at 109 East Main St., Apt. 9, Shiremanstown, Cumberland County, Pennsylvania, 17011. 2. Defendant is Kevin Bachman, who currently lives at 3073 Route 104, Mount Pleasant Mills, Snyder County, Pennsylvania, 17853. 3. Plaintiff is the Mother of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Hunter Bachman 1/22/00 (9) 109 East Main St., Apt. 9 Shiremanstown, Pa. 17011 Kyra Bachman 6/27/02 109 East Main St., Apt 9 Shiremanstown, Pa. 17011 Mother and Father were married in 2001. A divorce is currently pending in Snyder County, Pennsylvania. Mother currently has primary physical custody of the children. CUSTODY COMPLAINT During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Jacqueline Bachman 109 E. Main St. Apt. 9 Shiremanstown, Pa. 17011 Feb. `07 - present Jacqueline Bachman 706 Bogar Dr. Nov. `06 - Feb. `07 Sally Schlieder Selinsgrove, Pa. 17870 Dave Schlieder maternal grandparents Jacqueline Bachman 3073 Route 104 Kevin Bachman Mt. Pleasant Mills, Pa. 17852 birth -Nov. `06 The mother of the children is Jacqueline Bachman. She currently resides at 109 East Main St., Apt. 9, Shiremanstown, Pa. 17011. She is married to Kevin Bachman. A divorce is pending. The father of the children is Kevin Bachman. He currently resides at 3073 Route 104, Mt. Pleasant Mills, Pa. 17853. He is married to Jacqueline Bachman. A divorce is pending. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the children. 5. The relationship of defendant to the children is that of Father. Mother. The defendant currently lives alone. 6. Plaintiff 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated in November 2006. Mother is seeking a custod Order which confirms fi n# -i- ?.-_ _____ _ 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Respectfully submitted, Date :3j ig/01 ja Adams, MqUTre I. 079465 7 South St. lisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this 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. oil L Date: 3 - 9 - O J cqu line Bachman, Plaintiff N 7 -3 3y nn" t=' rTi JACQUELINE BACHMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1712 CIVIL ACTION LAW KEVIN BACHMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 25, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, April 27, 2009 at 10:00 AM 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. 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: john. Man an r. Es q. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AW , /?V 17 t ' MAY 0 4 2009 C.% JACQUELINE BACHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-1712 CIVIL ACTION LAW KEVIN BACHMAN, IN CUSTODY Defendant ORDER OF COURT r tY? AND NOW this a day of May 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Kevin Bachman, and the Mother, Jacqueline Bachman, shall have shared legal custody of Hunter Bachman, born 01/22/2000 and Kyra Bachman, born 06/27/2002. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. During the school year, and until July 02, Father shall have physical custody of the Children every weekend from Friday between 4:30 pm and 7:00 pm until Sunday from between 7:30 pm and 9:00 pm. b. Commencing July 02, Father shall have physical custody of the Children during the summer from every Thursday 1:00 pm until Sunday 7:00 pm until school begins again in the fall. C. The parents shall exchange custody of the Children at the Ranch House in Duncannon, PA absent mutual agreement otherwise. The parents shall communicate with each other a mutually agreeable time for the exchanges pursuant to the above schedule. d. If the Children have off from school on any given Monday, Father's weekend shall extend until Monday 7:00 pm. e. Father shall have physical custody of the Children at such other times as the parties may mutually agree. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: Christmas and Thanksgiving shall be shared between the parties. In odd years, Father shall have the first part of the Thanksgiving vacation (when school lets out) until 4:30 pm on Thanksgiving Day and Mother shall have from 4:30 pm Thanksgiving Day until school begins. The parties shall switch their custodial periods in even years. For Christmas, in odd 8 S :6 Wd S- M 6002 r, . > years, :Mother shall have the first part of Christmas vacation until 4:30 pm on 12/25. Father shall then have custody from 4:30 pm on 12/25 until school begins. The parties shall switch their custodial periods in even years. For Easter, the parents shall exchange custody of the Children on Easter Sunday at 4:00 pm. The parents shall arrange all other holidays as mutually agreed., The parents may alter said times for the custodial periods as mutually agreed. 5. Each parent shall have one (1) week (seven consecutive days) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange; the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. 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. By the Court, J. 14stribution: ?Jane Adams, Esquire ,Kevin Bachman, 3073 Route 104, Mount Pleasant Mills, PA 17853 ?John J. Mangan, Esquire Cc t'E..S m?i k (:zCL P 1?? JACQUELINE BACHMAN, Plaintiff V. KEVIN BACHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1712 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Flame Date of Birth Currently in the Custody of Hunter Bachman 01/22/2000 Primary Mother Kyra Bachman 06/27/2002 Primary Mother 2. A Conciliation Conference was held with regard to this matter on April 27, 2009 with the following individuals in attendance: The Mother, Jacqueline Bachman, with her counsel, Jane Adams, Esq. The Father, Kevin Bachman, pro se 3. The parties agreed to the entry of an Order in the form as attached. Date JJo. M gan, Esquire y onciliator