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HomeMy WebLinkAbout09-2522 JAKE BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 62- a-rz?- 0,.,- DELTA DAWN DAVIS, 1 Defendant CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, JAKE BUCHER, by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is JAKE BUCHER, who currently resides at 31 Charter Drive, Shermansdale, County of Perry, Pennsylvania. 2. Defendant is DELTA DAWN DAVIS, who currently resides at 4 State Road, Second Floor, Enola, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of temporary physical and shared legal custody with respect to RAGAN DAWN BUCHER, born June 30, 2008. The child was born out of wedlock. The child is presently in the custody of Defendant, DELTA DAWN DAVIS. Since birth the child has resided with the following persons and at the following addresses: from birth until the present with the Defendant at 4 State Road, Second Floor, Enola, County of Cumberland, Pennsylvania. The mother of the child is DELTA DAWN DAVIS, who currently resides at 4 State Road, Second Floor, Enola, Pennsylvania. She is single. Y V The father of the child is JAKE BUCHER, who currently resides at 31 Charter Drive, Shermansdale, Pennsylvania. He is single. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the child is that of mother. She currently resides with the child and with her son, Cody David, age 15. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who 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 confirming rights of temporary physical and shared legal custody in Plaintiff because the child has been denied access to the said minor child. 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 that Your Honorable Court enter an Order confirming rights of temporary physical and shared legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff Y COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint 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 B. BUCHE , JR. s T R 'D- i.. .; leV.. 2Ci APR 22 I I" 11 : t 1 n !74 ?? ? ?rtOq JAKE BUCHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2522 CIVIL ACTION LAW DELTA DAWN DAVIS IN CUSTODY DEFENDANT ORDER OF COURT AND. NOW, Friday, April 24, 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, May 25, 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: /s/ john. Mangan, 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 ALED-Cl 'FICF OF THE 2Z099 APR 27 hi!l E : 28 ro )(? TV Cor, tyt A JUN 012009, JAKE BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-2522 CIVIL ACTION LAW DELTA DAWN DAVIS, IN CUSTODY Defendant ORDER OF COURT AND NOW this day of June 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Jake Bucher, and the Mother, Delta Dawn Davis, shall have shared legal custody of Ragan Dawn Bucher, born 06/30/2008. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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 Child subject to Father's physical custody as follows: a. Father shall have physical custody of Ragan every Tuesday and Thursday from 5:00 pm until 7:00 pm. Father has agreed to, and shall, provide the transportation for the custody exchanges. b. Commencing 06/06/2009, Father shall have physical custody of Ragan every other Saturday from 12:00 pm until 4:00 pm. Father has agreed to, and shall, provide the transportation for the custody exchanges. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Each parent shall have an appropriate child seat to transport the Child. Father has ftn ther agreed to not have his dog present for his periods of physical custody with Ragan. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall establish a holiday schedule at the status update conference with the assigned conciliator on July 30, 2009 at 8:30 am. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child'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 Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 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. 9. A status update conference is scheduled with the assigned conciliator on July 30, 2009 at 8:30 am. 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. _?ktribution: ? D lta Dawn Davis, 4 State Road, Second Floor, Enola, PA harles Petrie, Esq., 3528 Brisban Street, Harrisburg, PA 1 ?hn J. Mangan, Esquire 0-01alles ce) n --'? s es -4 u . u_ C3 ?? i- JAKE BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-2522 CIVIL ACTION LAW DELTA DAWN DAVIS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF C M PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ragan Dawn Bucher 06/30/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 29, 2009 with the following individuals in attendance: The Mother, Delta D. Davis, pro se The Father, Jake Bucher, with his counsel, Charles E. Petrie, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John , Esquire Cust d onciliator JAKE BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DELTA DAWN DAVIS, Defendant NO. 09-2522 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY CUSTODY RELIEF ORDER OF COURT AND NOW, this 23rd day of August, 2010, upon consideration of Plaintiff's Petition for Emergency Custody Relief, a hearing is scheduled for Thursday, September 2, 2010, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 'Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 Attorney for Plaintiff Delta Dawn Davis 4 State Road Second Floor Enola, PA 17025 Defendant, pro Se CS Cs'1 t? N ; N O V„? BY THE COURT, 0 JAKE BUCHER IN THE COURT OF COMMON PLEAS OF I'L AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ?2009-2522 CIVIL ACTION LAW DELTA DAWN DAVIS D1 FFNDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 25, 2010 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 Wednesday, September 29, 2010 at 2:30 PM 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 gfrounds for entrv 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: lsl foh J. Man an . Es . Custody Conciliator The Court of Common Pleas of'Cumberland County is required by law to comply with the Americans vvith 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 CANN OT AFFORD ONE, GO TO OR TELEPHONE T HE OFFICE SE T FORT H BELOW TO FIND OUT W HERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association ..: .k 25 ?tcA,. Qop? nNCk„ (,C? 40 32 South Bedford Street PA? ' r zQ.. Carlisle, Pennsylvania 17013 elephone (717) 249-3 166 RX `n < " ) ;! i '' FS • X5.1 O * A3Cr ca-. ' k e Ao ?-De74. ? a -z? $ as. ?a lack n . t- c cw s ?'1 e . w ~. r Jake Bucher, Plaintiff File No. 2009-2522 Civil v. Delta Dawn Davis, Defendant :CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To David D. Buell, Prothonotary: Please enter my appearance on behalf of the Defendant, Delta Dawn Davis, in the above captioned case. Date: ~ ~~ Respectfully submitted, essi olst, Esquire Mid enn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 v in *.n ~ ~,~ c~ H N -M G C7 q ~k- -~ ~~ ~~ ~ W .J ~, Jake Bucher, Plaintiff v. Delta Dawn Davis, File No. 2009-2522 Civil Defendant :CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Delta Dawn Davis, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date by personally handing a copy to: Date: ~ L \~ Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 ssi a o ,Esquire Mid enn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 t • JAKE BUCHER, IN THE COURT OF COMMON PLEA O-? Plaintiff CUMBERLAND COUNTY, PENNSYI4?N IX, v CIVIL ACTION - LAW i DELTA DAWN DAVIS, ` 1 Defendant 09-2522 CIVIL TERM 0 55 J 1 TI C: IN RE: PETITION FOR EMERGENCY CUSTODY RELIEF ORDER OF COURT AND NOW, this 2nd day of September, 2010, upon consideration of Plaintiff's Petition for Emergency Custody Relief, and pursuant to an agreement reached between the parties and their respective counsel in open court, and the following order being entered on a temporary basis and without prejudice to the parties' rights to pursue their respective positions with respect to a more permanent order, it is ordered and directed as follows: 1. The parties will continue to maintain legal custody as set forth in the order of August 5th, 2009; 2. The parties have agreed that Father will have sole physical custody of the child pending further order of Court. Mother's contact with the child shall be in Father's presence at a place or at places agreed upon by the parties, including Mother's residence, and those contact times will begin this evening at 5:30 p.m. until 8:00 p.m., and will continue every other weekday evening from the same time, and weekend visits will occur every other weekend. Beginning the weekend of September 11 Mother's contact with the child in Father's presence shall occur from 10:30 a.m. until 2:30 p.m., and Father is encouraged to provide additional time periods, the time periods set forth in this order are a minimum time period. Charles E. Petrie, Esquire 5328 Brisban Street Harrisburg, PA 17111 For Plaintiff ?Jessica B. Holst, Esquire 401 East Louther Street Suite 103 Carlisle, PA 17013 For Defendant :mae C© I.V- s mss <(!E? 9/7/lv Z?y) By the Court, ro OCT 19 ZU1U JAKE BUCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-2522 CIVIL ACTION LAVA ~ ~ DELTA DAWN DAVIS, IN CUSTODY~''~,.. --~ Defendant U, r-- N ~ ~ ~ Prior Judge: J. Wesley Oler, Jr., J. ~~~ N <~' x~ ~ ~~ ~~ :~c~ :, - ~~ ~ ORDER OF COURT ~ ~' ~ " ~ ~ ~ ..~ ~, ~ o ~' AND NOW this 20 d ay of October 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Jake Bucher, and the Mother, Delta Dawn Davis, shall have shared legal custody of Raegan Dawn Bucher, born 06/30/2008. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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. 3. Physical Custody: Pending further Order of Court or by mutual agreement of the parties otherwise, Father shall have primary physical custody of the Child subject to Mother's supervised physical custody as follows: a. Mother shall have supervised physical custody of Raegan every Monday, Wednesday and Friday from 12:00 pm unti15:00 pm. The maternal grandmother, Beulah Rusko, or by agreement any other responsible adult, shall be Mother's supervisor. The maternal grandmother shall pick the Child up at 12:00 pm and Father shall pick the Child up at 5:00 pm, or after work. b. Commencing October 02, 2010, Mother shall have supervised physical custody of Raegan on alternating weekends on Saturday and Sunday from 10:30 am until 2:30 pm. Father has agreed to be the supervisor during the weekends unless maternal grandmother is able to assist with the supervision. c. Mother shall have additional physical custody of the Child at such other times and under circumstances as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall establish a holiday schedule as mutually agreed. In the absence of agreement, the parties shall adhere to the holiday schedule as attached and Mother's periods of custody shall be supervised unless the parties agree otherwise. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child'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 Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use illegal 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. It is specifically directed that Mother shall not be in possession of any alcohol whatsoever. 9. The parties to this action have the option to contact the assigned conciliator for a status conference after Mother has had a drug and alcohol evaluation and a recommendation has been issued. 10. Relocation: The parties have negotiated the physical custody agreement based upon the parties' residences in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order via a relocation hearing. 11. 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, ~/ Uo J. ~D' tribution: ./Je 'ca Holst, Esq. ./John Glace, Esq. ~hn J. Mangan, Esquire `~° ~1~~! ~~ HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 pm Mother Father Ind endence Day From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanks 'vin Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the da after Thanks ivin Da Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father JAKE BUCHER, Plaintiff v. DELTA DAWN DAVIS, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2522 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: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Raegan Dawn Bucher 06/30/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 29, 2009, an Order was issued June 2, 2009, a conciliation conference was held July 30, 2009, an Order of Court issued August O5, 2009, a petition for emergency relief was filed, an Order issued September 02, 2010 and a conference was held September 29, 2010 with the following individuals in attendance: The Mother, Delta D. Davis, with her counsel, Jessica Holst, Esq. The Father, Jake Bucher, with his counsel, John Glace, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ~ ~ ( l ~- Date J J. angan, Esquire usto y Conciliator