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Home My WebLink About05-0307 BILLY R. DRABENSTADT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005- 3D 7 CIVIL TERM JENNIFER L. BUCHER, Defendant : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, BILLY R. DRABENSTADT, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: I. Plaintiff is BILLY R. DRABENSTADT, who resides at 171 Cedar Manor, Elizabethtown, Dauphin County, Pennsylvania 17022. 2. Defendant is JENNIFER L. BUCHER, who resides at 403 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant are unmarried and are the natural parents of one child, ADDISON DRABENSTADT, born August 11,2001. 4. The best interests and welfare of the minor child would be served by placing partial physical custody and shared legal custody of the child with Plaintiff, as the court may deem appropriate. 5. Defendant has refused to allow any meaningful contact between Plaintiff and the child for the past three years. 6. The minor child has resided at the following addresses since birth, to the best of Plaintiffs knowledge: (a) From birth until June 2004 at 4103 Green Court, Harrisburg, Dauphin County, Pennsylvania with Mother. (b) From June 2004 until August 2004 at 4739 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania with Mother. (c) From September 2004 until present at 403 Petersburg Road, Carlisle, Cumberland County, Pennsylvania with Mother. 7. Plaintiff does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other State. 8. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State. 9. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to him. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that partial physical custody and shared legal custody of ADDISON DRABENSTADT, be placed with Plaintiff. Date: September 1,2004 Respectfull (]fl~ M J. SMITH, J J.D. No. 32114 JARAD W. HANDELMAN, Esquire J.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, P A 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 unsworn falsification to authorities. r{y~u 1\M{lf~Je47iJhc7l-t BILL R. D ABENSTADT fv~ ..... U\ (.. )..., "" \' ~ ..... L.I '-C ..( l'l.'" It . " ..... "- __-J .", -, ~ 1- ~.. ~, t Q 1',' \..:.~ ,-,~; en ('-~) -d :1J hli-;:;:'~ r;--i \~::-) ~ .c, ~" - J:;- ~ ~,? C/' BILLY R. DRABENST ADT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-307 CIVI L ACTION LA W JENNIFER L. BUCHER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Monday, January 24, 2005 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq. at__~.2...~"st Main Street, Mechanicsburg, PA 17055 on Wednesday, February 16, 2005 , thc conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At sueh conference. an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to detine 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 of a temporary or permanent order. The court hereby direets the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the eonciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. Custody Conciliator ~.rJ- 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 HA VE 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 St-eet Carlisle, Pennsylvania ] 7013 Telephone (717) 249-3166 ~fv7-~ ~ .-4fp ~~?YU ~JL ~ ~ 7 ~v>W' 4; > }6717 ViNV:\lASNN3d I I ~ 11i......,~1,....,. ,--. ......-~.'M,..."" l\.!J\il ;U,,'.F? ::-:]::1"+ '1\ r...; II :01 ~J\I S2 Nvr Saul ;. 'u' '.' ,,"" .." 'd "'Wi '" 'J~rliU(\",)(\..i.U('.:r JI! :j'~) 3JU~O-G31\j .)(7 sr. / 5'0. 5<:/ So,se I 1.\ MAR 1 7 Z0051t1^-. jUt' BILLY R. DRABENST ADT Plaintiff IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PENN. YL VANIA vs. 05-307 CIVIL ACTION LA' JENNIFER L. BUCHER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2- I . day of rtltvc-A consideration of the attached Custody Conciliation Report, it is ordered and directed as .' 2005, upon llows: I. The Father, Billy R. Drabenstadt, and the Mother, Jennifer L. Bucher, shall h e shared legal custody of Addison Drabenstadt, born August II, 2001. Each parent shall have an equa' right, to be exercised jointly with the other parent, to make all major non-emergency decisions affe ing the Child's general well-being including, but not limited to, all decisions regarding his heal , education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all cords and information pertaining to the Child including, but not limited to, school and medical rec rds and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating wee ends from Friday at 6:00 p.m. through Sunday at 6:00 p.m., beginning Friday, March 11,2005. In ddition, the Father shall have custody of the Child every Wednesday from 5:30 p.m. until between 30 p.m. and 9:00 p.m., beginning Wednesday, March 16,2005. 4. The parties shall share or alternate having custody of the Child on holidays as. ollows: A. Christmas: The Christmas holiday shall be divided into Segment A, which s all run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and Segme t B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 2:00 p. In odd numbered years, the Mother shall have custody ofthe Child during Segment and the Father shall have custody during Segment B. In even numbered years, the ther shall have custody of the Child during Segment A and the Mother shall have custody d' ring Segment B. B. Thanksgiving: In every year, the Father shall have custody of the Child begi ing on his regular Wednesday evening period of custody through Thanksgiving Day at :00 p.m. and the Mother shall have custody of the Child on Thanksgiving Day beginning t 2:00 p.m. '....., ,"} /-. 1(: - , " C. Easter: The Mother shall have custody of the Child on Easter in every year. n the event Easter falls on the Father's weekend period of custody, the Father shall retur custody of the Child to the Mother on Easter Sunday at 2:00 p.m. D. Mother's DavIFather's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Da) from 12:00 noon until 6:00 p.m. E. The parties shall share having custody of the Child on the remaining holiday as arranged by agreement. F. The holiday custody schedule shall supercede and take precedence over the gular custody schedule. 5. Each party shall be entitled to have custody of the Child for two weeks for va ation each year to be scheduled non-consecutively, unless otherwise agreed between the parties. T e parties shall provide each other with 30 days advance notice of vacation dates selected under this pr ision. The party providing notice first shall be entitled to preference on his or her selection of vaca on dates. The parties shall schedule periods of vacation under this provision to include that party's re lar weekend period of custody. 6. This Order is entered pursuant to an agreement of the parties at a custody con iliation conference. The parties may modify the provisions of this Order by mutual consent. In he absence of mutual consent, the terms of this Order shall control. BY THE COURT, <Ai J. cc: ~ J. Smith, Jr., Esquire - Counsel for Father ;:,xnnifer L. Bucher, Mother v BILLY R. DRABENST ADT Plaintiff , IN THE COURT OF COMMON! PLEAS OF CUMBERLAND COUNTY, PEW SYLVANIA vs. 05-307 CIVIL ACTION LAW I I I i , I I I I , JENNIFER L. BUCHER Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RUL' PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following n OF CIVIL ort: I. The pertinent information concerning the Child who is the subject of this itigation is as follows: NAME CURRENTLY IN CUSTC IlY OF DATE OF BIRTH Addison Drabenstadt Mother August 11, 2001 2. The conciliation conference was initially held in this matter on February I , 2005 during which the Mother participated by telephone. However, as the Mother had not receive. the petition at that time, it was agreed by the parties that the conference would be rescheduled for 1 arch 10, 2005. At the conference on March 10, 2005, the following individuals were in attendance: T e Father, Billy R. Drabenstadt, with his counsel, Max J. Smith, Esquire, and the Mother, Jennifer L. ucher, who is not represented by counsel in this matter. The Mother's boyfriend, Chris Ross, also pa icipated in the conference. 3. The parties agreed to entry of an Order in the form as attached. ~ Date /1.. -1. ~ Dawn S. Sunday, Esquire Custody Conciliator I 'If tko.5