Loading...
HomeMy WebLinkAbout02-0908JUL 1 6 ~O0~ ~Y FRANCIS D. BUCHER, Plaintiff TAWNYA L. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 02 - 908 CIVIL : IN CUSTODY  COURT ORDER AND NOW, this day of July, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of May 6, 2002 shall remain in effect subject to the following modifications: The parties shall arrange for a counselor to become involved in dealing with problems currently existing between the minor child Jennifer L. Bucher and her mother. Father and Mother shall facilitate Jennifer going to counseling sessions, with the parties being involved as directed by the counselor. The intent of these counseling sessions shall be to facilitate improved relationships between Jennifer and her mother. Transportation for exchange of custody shall be handled with the parties sharing transportation. Mother shall pick the children up on Friday evening on the alternating weekend schedule and Father shall pick the children up at Mother's home on Sunday evening at 6:00 p.m. Father is directed to encourage the children to go with their mother for the court ordered periods of temporary custody, and Father is directed to not interfere with Mother's custody or otherwise entice the children to not be with mother during her scheduled times of custody. CC: Maryio, Matas, Esquire Michael A. Scherer, Esquire Should either party desire another custody c_0nci '_li~ati~ conference, c.o. unsel for that party may contact the conciliator ~!il:~t~/qor the schednhng of a conference. J~/ .~ ' Edgar B. Bayley ~ FRANCIS D. BUCHER, Plaintiff V TAWNYA L. BUCHEIL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 -908 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley 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 The conciliator conducted a telephone conference call with legal counsel for the parties and, based upon that discussion and the prior custody conciliation report, the conciliator recommends an order in the fo~ as attached. DATE FRANCIS D. BUCHER, Plaintiff TAWNYA L. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Francis D. Bucher, an adult individual who currently resides at 2722A Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Tawnya L. Bucher, an adult individual who resides in Cumberland County, Pennsylvania and who is represented by Marylou Matas, Esquire. 3. Plaintiff seeks custody of the following children: Name Jennifer L. Bucher Heather M. Bucher Present residence 2722A Ritner Highway Carlisle, Pennsylvania 17013 2722A Ritner Highway Carlisle, Pennsylvania 17013 Date of Birth 10/23/88 03~30~90 The children were not born out of wedlock. The children are presently in the custody of Plaintiff, who resides at 2722A Ritner Highway, Carlisle, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Persons ~ncis D. Bucher and Tawyna L. Bucher Francis D. Bucher Residences 2722A Ritner Highway Carlisle, PennsyLvania 17013 2722A Ritner Highway Carlisle, Pennsylvania Dates birth to 08/03/01 08/03/01 to present The natural mother of the children is Tawnya L. Bucher, currently residing in Cumberland County, Pennsylvania. She is married to the Plaintiff. The natural father of the children is Francis D. Bucher, currently residing at 2722A Ritner Highway, Carlisle, Cumberland County, Pennsylvania. He is married to the Defendant. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: Names Jennifer L. Bucher Heather M. Bucher The Defendant currently resides with the following persons: Names daughter daughter The relationship of the Defendant to the children is that of natural mother. Relat~ 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 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. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER · Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlcustodylbucher.com VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the lalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Francis D. Bucher DATE: FRANCIS D. BUCHER PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-908 CIVIL ACTION LAW TAWNYA L. BUCHER DEFENDANT : IN CUSTODY AND NOW, Tuesday, February 26, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Giiroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 05, 2002 at 9:30 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora 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/ Hubert X. Gilroy. Esq. 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 heating 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FRANCIS D. BUCHER, Plaintiff TAWNYA L. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-00908 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PRAECIPE TO THEPROTHONOTARY: Kindly withdraw Francis D. Bucher's request for the scheduling of a conciliation in the above-captioned matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: ~/. Michael A. Sch~re{, Esqu' I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Francis D. Bucher mas.dlrldomesticlcustodylbucher.pra CERTIFICATE OF SERVICE I hereby certify that on April q , 2002, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of a Praecipe, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Hubert X. Gilroy, Esquire Custody Conciliator Bmujos & Gilmy 4 North Hanover Street Carlisle, Pennsylvania 17013 Marylou Matas, Esquire Griffie and Associates 200 North Hanover Street Carlisle, Pennsylvania 17013 (~ Jer~f~l(~.~il~dsay {~ FRANCIS D. BUCHER, Plaintiff/Respondent V. TAWNYA L. BUCHER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-908 CIVIL TERM : IN CUSTODY NOTICE TO PLEAD You are hereby notified to file a written response to the within Answer and New Matter within twenty days (20) days from service hereof or a judgment may be entered against you. FRANCIS D. BUCHER, Plaintiff TAWNYA L. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-908 CIVIL TERM : IN CUSTODY ANSWER AND COUNTER-CLAIM AND NOW, comes Defendant, Tawnya L. Bucher, by and through her attorney of record, Marylou Matas, Esquire and Griffie & Associates, and Answers as follows: 2. 3. 4. 5. Admitted. Admitted. Admitted. Admitted. Admitted. By way of further clarification, Defendant currently resides with her friend, Charles Kirk Smith. Admitted. Admitted. WHEREFORE, Defendant requests your Honorable Court to deny Plaintiff's Comlpaint for Custody. COUNTER-CLAIM FOR CUSTODY 8. Defendant's Answers to paragraphs 1 through 7 are incorporated herein by reference as if restated in full. 9. Plaintiff and Defendant have been separated since August 2001. 10. Since separation, Defendant has attempted to negotiate moderate custody arrangements with Plaintiff. 11. Plaintiffhas refused to cooperate with any Defendant's requests. 12. Plaintiff continues to refuse to allow Defendant to have any substantial or consistent contact with the children. 13. Defendant has been allowed to have only infrequent and limited contact with the children through telephone contact and sporadic daytime visitation. 14. Defendant is equally capable of providing for the children's best interests and meeting their daily physical, financial and emotional needs. 15. Defendant believes and avers that it is in the children's best interests for Defendant to maintain regular contact with them. WHEREFORE, Defendant requests your Honorable Court to schedule a Custody Conciliation Conference followed by a hearing at which time she should be granted shared legal and partial physical custody of the children. Respectfully submitted, Marylou ~as, Esquire Attorney f~r Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. ~-~ T~;vVN~ BUCHER APR 1 1 2'o07 FRANCIS D. BUCHER, Plaintiff V TAWNYA L. BUCHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 908 CIVIL : IN CUSTODY COURT ORDER AND NOW, this [l ~day of April, 2002, the conciliator appearing for the custody conciliation conference and learning that the Plaintiff desires to withdraw the request for the custody conciliation conference, the conciliator relinquishes jurisdiction. BY THE COURT, CC: Michael A. Scherer, Esquire Marylou Matas, Esquire 2002 FRANCIS D. BUCHER, Plaintiff V TAWNYA L. BUCHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 908 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~ day of VI~M~__~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the following temporary custody order is entered as follows: The Father, Francis D. Bucher, and the Mother, Tawnya L. Bucher, shall enjoy shared legal custody of Jennifer L. Bucher, born October 23, 1988; and Heather M. Bucher, born March 30, 1990. 2. The Father shall enjoy primary physical custody of the minor children. 3. The Mother shall enjoy periods of temporary physical custody as follows: On the weekends of May 4, 2002 and May 18, 2002, from Saturday at 9:00 a.m. until Sunday at 6:00 p.m. Assuming there are no problems with the first two periods of custody, custody starting the weekend of Friday, May 31, 2002, on alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m. In light of this custody arrangement just starting after a period of time when Mother has not had much contact with the minor children, Mother shall handle exchange of custody as far as picking the children up and returning the children to the Father. However, the conciliator is directed to consider a shared transportation arrangement at the next custody conciliation conference. The Mother shall also enjoy such additional periods of temporary custody as agreed upon by the parties. The party's counsel shall conduct a telephone conference call with the conciliator on Friday, July 5, 2002 at 8:30 a.m. At that time, the parties will discuss through their attorneys and the conciliator the ability to enter a permanent order in this case or, in the alternative, the need to schedule this case for a hearing before the court. This is a shared custody arrangement which contemplates that both parents shall be entitled to receive all information concerning the children's educational, medical and social activities. Accordingly, this Order authorizes all physicians and school officials to provide information concerning the minor children to both parents. Furthermore, both parents are directed to exchange all pertinent information relating to the minor children with the other parent to keep the other parent advised with respect to all relevant educational, medical and social matters involving the minor children. CC: In the event of any major problems between the parties relative to custody, legal counsel for either party may contact the conciliator directly to schedule a conference call in advance of the second scheduled custody conciliation conference call. Marylou Matas, Esquire Michael A. Scherer, Esquire FRANCIS D. BUCHER, Plaintiff V TAWNYA L. BUCHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 908 CIVIL : IN CUSTODY Prior Judge: 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jennifer L. Bucher, born October 23, 1988; and Heather M. Bucher, born March 30, 1990. A Conciliation Conference was held on April 25, 2002, with the following individnaln in attendance: The Father, Francis D. Bucher, with his counsel, Michael A. Scherer, Esquire; and the Mother, Tawnya L. Bucher, with her counsel, Marylou Matas, Esquire. The parties reluctantly agreed to the entry of a temporary interim order subject to the conciliator exercising his discretion and recommending certain items relative to exchange of custody, etc. The conciliator recommends the entry of an order in the form as attached. DATE ert X. G~.~..y: Esquire Custody C~ciliator FEB 2 0 2[103 FRANCIS D. BUCHER, Plaintiff V TAWNYA L. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 908 CIVIL IN CUSTODY COURT ORDER AND NOW, this '~ day of February, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on the d'~ft:[day of ~ , 2003, at ~.;/~ _~ /~ .M. at which time testin~ony will be taken in the above case. At this hearing, the Mother, Tawyna L. Bucher, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on these issues, a list of witnesses who will be called to testify at the hearing and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. CC: 0 Marylou Matas, Esquire Michael A. Scherer, Esquire Pending further order of this court, this court's May 6, 2002 Order shall remain in effect as shall Paragraph 2 of this court's July 17, 2002 Order. Additionally, for purposes of this Order, it is noted that both parties enjoy shared legal custody of the minor children. Along those lines, it is anticipated that the Father will provide Mother with all information relating to school schedules, athletic schedules, social calendars, medical information and other pertinent information relating to both children. Father shall also ensure that Mother obtains copies of school photographs and ot~her~ pertinent school information that would normally be provided to Edgar B. Bayley / FRANCIS D. BUCHER, Plaintiff V TAWNYA L. BUCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 908 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jennifer L. Bucher, born October 23, 1988; and Heather M. Bucher, born March 30, 1990. A Conciliation Conference was held on February 13, 2003, with the following individuals in attendance: The Father, Francis D. Bucher, with his counsel, Michael A. Scherer, Esquire; and the Mother, Tawnya L. Bucher, with her counsel, Marylou Matas, Esquire. This is the third time this case has been before the conciliator in 10 months. There was a lengthy period of estrangement between the Mother and the 2 minor children prior to May of last year. In May of 2002, the parties reached an agreement whereby the minor children would visit their Mother on alternating weekends and at other times. However, the older child Jennifer has been resistant to see her Mother. In July of 2002, the parties agreed upon another order whereby the Mother and Jennifer would attend counseling. However, at Jennifer's insistence, counseling sessions were never scheduled. Since that time, Jennifer has had very limited time with Mother. Father suggests that Jennifer will adamantly not go see the Mother and Father is not going to force her out the door. Father suggests he is not encouraging Jennifer to not go with the Mother, but it is simply that Jennifer does not want to visit her Mother in light of prior events. Mother is willing to work out an interim order whereby Jennifer would start going for a couple of hours on the weekend, but Father feels Jennifer would not even agree to that provision. The parties definitely need a hearing with respect to the problem of Jennifer going to see her Mother. There are a few other issues that came up at the custody conciliation conference that the conciliator believes can be addressed with an interim order pending a hearing. The conciliator recommends the entry of an order in the form as attached. DATE ~uUsbt~r~yX~oGni~l~a3~or rare FRANCIS D. BUCHER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAWNYA L. BUCHER, DEFENDANTS 02-0908 CIVIL TERM ORDER OF COURT AND NOW, this [ C day of April, 2003, the custody hearing now scheduled for Wednesday, April 23, 2003, IS CANCELLED. The hearing is rescheduled to Wednesday, June 4, 2003, at 8:45 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. /Michael Scherer, Esquire For Plaintiff ~l~ouglas Miller, Esquire For Defendant :sal By the.~Coij~,~'') Edgar B.-Bayley[j. FRANCIS D. BUCHER, Petitioner TAWNYA L. BUCHER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 02-908 CIVIL TERM : : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE To Curtis R. Long, Prothonotary: Please withdraw the appearance of Marylou Matas, Esquire on behalf of the Defendant,Tawnya L. Bucher, in the above captioned case. Respectfully Submitted, GRIFFIE & ASSOCIATES Dated: April Z.~/ , 2003 Maryl~u~l~tas, E sqm~'re Supreme C'6urt I.D. No. 200 North Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5551 PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Tawnya L. Bucher, in the above captioned case. Respectfully Submitted, Date: April ~' 2003 1RWIN, McKNIGHT & HUGHES o'~glas ~[. l~lille~, Esqt~ire -- Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 17 WEST SOUTH STREET CARLISLE, PA 17013 Date: May 7, 2003 IRWIN, McKNIGHT & HUGHES D°u~l~as'G~J[Vlfiler, ~squire Supreme Cdurt I.D. No. 83776 West Pomfrct Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant Tawnya L. Bucher FRANCIS D. BUCHER, PLAINTIFF V. TAWNYA L. BUCHER, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-0908 CIVIL TERM ORDER OF COURT day of June, 2003, IT IS ORDERED: AND NOW, this (1) The father, Francis D. Bucher, shall have primary physical custody of Jennifer L. Bucher, born October 23, 1988. (2) The custody order of May 6, 2002, is amended to delete the periods of temporary physical custody of the mother, Tawnya L. Bucher, with Jennifer. (3) The mother and father shall cooperate and arrange for the mother to undertake family counseling with Jennifer, to address their estrangement, for up to fifteen sessions as may be recommended by a counselor at Franco Psychological Associates, in Carlisle. (4) The first counseling session shall be scheduled at which time the father shall have Jennifer attend. As other counseling sessions are scheduled the father shall have Jennifer attend. (5) At this time the mother shall have periods of temporary physical custody with Jennifer as Jennifer shall agree, ideally at times in which the mother has her sister Heather M. Bucher. B Edgar B. Bayley, J. Michael A. Scherer, Esquire For the Father Douglas G. Miller, Esquire For the Mother :sal FRANCIS D. BUCHER, Plaintiff TAWNYA L. BUCHER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 02-908 CIVIL'rERM .. : IN CUSTODY PETITION FOR RECONSIDERATION AND NOW, this l0th day of July, 2003, comes the Defendant, Tawnya L. Bucher, by and through her attorneys, Irwin, McKnight & Hughes, and files this Petition for Reconsideration and makes the following statements in support thereof: 1. On June 4, 2003, a hearing was held regardirtg custody of the parties' minor children, Jennifer L. Bucher and Heather M. Bucher. 2. On June 13, 2003, an Order of Court was issued directing that Defendant shall have custody of Jennifer as Jennifer shall agree and with Heather according to the Order dated May 6, 2002. A true and correct copy of said Order of Court is attached hereto and incorporated herein as Exhibit "A." 3. In Defendant's Pre-Heating Memorandum filled on June 2, 2003, Defendant Mother requested increased periods of partial physical custc,dy with both children as well as make up time in the event there are activities that take place, on what would otherwise be her scheduled weekend for custody. 4. At the hearing on June 4, 2003, Defendant requested that a regular holiday schedule be established in an Order as the parties have not been successful in agreeing to an alternating holiday schedule. 5. At the hearing on June 4, 2003, Defendant al[so requested that she be granted additional custody of Heather during the one day each week which she is not scheduled to work. 6. At the hearing on June 4, 2003, Defendant requested that in the event there is a weekend activity which prohibits her daughters from participating in the periods of custody with Defendant, that make-up time be provided. 7. The interests of justice and the best interests of the children require that the Court grant the Defendant's requests as set forth above. WHEREFORE, the Defendant, Tawnya L. Bucher, respectfully requests that this Honorable Court enter an Order of Court specifically setting a holiday schedule as well as make- up time and one (1) extra day each week with regard to Heather Bucher. Date: July 11, 2003 By: 2 Respectfu][ly submitted, IRWIN, McKNIGHT & HUGHES Douglas ~j~. l~ffier, E~qhire Supreme'Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney fi)r Defendant EXHIBIT "A" FRANCIS D. BUCHER, : iN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA TAWNYA L. BUCHER, DEFENDANT : 02-0908 CIVIL TERM ORDER OF COURT AND NOW, this I,~ day of June, 2003, IT IS ORDERED: (1) The father, Francis D. Bucher, shall have primary physical custody of Jennifer L. Bucher, born October 23, 1988. (2) The custody order of May 6, 2002, is amended to delete the periods of temporary physical custody of the mother, Tawnya L. Bucher, with Jennifer. (3) The mother and father shall cooperate and arrange for the mother to undertake family counseling with Jennifer, to address '[heir estrangement, for up to fifteen sessions as may be recommended by a counselor at Franco Psychological Associates, in Carlisle. (4) The first counseling session shall be scheduled at which time the father shall have Jennifer attend. As other counseling sessions are scheduled the father shall have ' Jennifer attend. (5) At this time the mother shall have periods of temporary physical custody with Jennifer as Jennifer shall agree, ideally at times in which the mother has her sister Heather M. Bucher. .-- / Edgm Michael A. Scherer, Esquire For the Father Douglas G. Miller, Esquire For the Mother :sal CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Michael A. Scherer O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 (Attorney for Plaintiff) IRWIN, McKNIGHT & HUGHES By: Douglas G~ Miller, Esquir~ Supreme C'6urt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfi'et Street Carlisle, Pennsyl,~ania 17013-3222 (717) 249-2353 Attorney for Defendant Tawnya L. Bucher Date: July 11, 2003 FRANCIS D. BUCHER, PLAINTIFF V. TAWNYA L. BUCHER, DEFENDANT AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-0908 CIVIL TERM ORDER OF COURT day of July, 2003, the petition of Tawnya L. Bucher for reconsideration of the custody order of June 13, 2003, IS GRANTED. The custody order of May 6, 2002, is amended to add the following: (1) The mother, Tawnya L. Bucher, shall have temporary physical custody of Heather M. Bucher: (a) On the alternating holidays of New Year's Day, Memorial Day, July 4th, Labor Day and Thanksgiving from 9:00 a.m. to 8:00 p.m. The first alternating holiday shall be on Labor Day in 2003. (b) The Christmas period shall be divided into two sections: Section one from 5:00 p.m. on Christmas Eve to noon on Christmas Day, and Section two from noon to 10:00 p.m. on Christmas Day. Section one shall be in odd numbered years and section two shall be in even numbered years. The Sections shall alternate each year with mother having section one in 2003. (2) Any alternate weekends of periods of temporary physical custody as provided in the order of May 6, 2002, that are missed, shall be made up the next weekend. Michael A. Scherer, Esquire For Plaintiff Douglas G. Miller, Esquire For Defendant :sal Edgar