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HomeMy WebLinkAbout01-5293Christopher M. Bucher and Becky M. Thumma-Bucher, Plaintiff NO. 2001 - v. Hilda F. Baker, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No.2001 CIVIL TERM CUSTODY COM~PLAINT FOR CUSTODY The Plaintiff is Christo__~_~_9~ M~ Bucher and Becky M~ Thumma-Bucher residing at 1401 Creek Road Boiling ~ P_~A 17007. 2. The Defendant is Hilda F_~. Baker, residing at 20 South Hiqh Street Newville P__A 17241. -- 3. Plaintiff seeks custody and/or visitation of the following child NAME Mackenzi____ge Love Bucher DATE OF BIRTH September 24, 1995 PRESENT ADDRESS 2--0 South Hiqh Street Newvill_~9~e P_~A 17241 AGE ~ years old The child was born out of wedlock. The child is presently in the custody of Hilda F.Baker, who resides at 2-0 South Hiqh Street Newville P~A 17241. During the past five years, the child has resided with the following persons and at the following addresses: LIST ALL PERSONS Fred Sr. Love, Hilda ~red ! Pat Baker Christo her M. Bucher R Hilda F.Baker Hilda F.Baker R Husband (name unknown) ADDRESSES 6__5 Kissme Road Newville P__~A 17241 517 South Pitt Street Carlis_~9~le P~A 17013 2-0 South Hiqh Street Newvill__~D_~e P__A 17241 DATES 9-24-95- 6-9-98 6-9-98- 1-1-00 1-1-00- Present The mother of the child is Hilda F. Baker currently residing at -- 2-0 South High Street Newville P~A 17241. She is married. The f~ther of the child is ~ M.Bucher, currently residing a~ 1401 Creek Road Bolling Sprinqs, PA 17007. He is married. The relationship of Plaintiff to the child is father and ~ The Plaintiff currently resides with : NAME Becky M. Thumma-Bucher Lois M~ Chron_____ister Walter F~ Chro~nister RELATIONSHIP Spouse Ste -mother's ran~ther Ste -mother's ~randfather The relationship of Defendant to the child is mother. The defendant currently resides with NAME Mackenzi~e Love Bucher Hilda's husband RELATIONSHIP Dauqhter ~er to child Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this minor child in this or another court. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief requested because we are able to provide ~ more stable environment for Mackenzie. 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 this court to grant custody and/or visitation of the child to the Plaintiff. Respectfully submitted, ain~lffs ' CHRISTOPHER M. AND BECKY M. THUMMA- BUCHER PLAINTIFF V. HILDA F. BAKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-5293 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Wednesday, September 19, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before JaequeHne M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 17, 2001 at 10:30 a.m. for a Irc-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 thc issues to bc heard by the court, and to enter into a temporary order. All children age five or older may also bc present at the conference. Failure to appear at thc 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/ Jacqueline M. Verney. Esq~l/ 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 DEC 0 6 ZOO1 CHRISTOPHER M. BUCHER, Plaintiff V. HILDA F. BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5293 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 1 ~ day of~ ., 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Becky M. Thumma, wife of Plaintiff, Christopher M. Bucher, lacks standing to bring this action and is hereby deleted from the caption of the case. 2. The Father, Christopher M. Bucher, and the Mother, Hilda F. Baker, shall have shared legal custody of Mackenzie Love Bucher, born September 24, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 3. The Mother shall have primary physical custody of the child. 4. The Father shall have the following periods of partial physical custody: A. Sunday, December 9, 2001 from 2:00 p.m. to 6:00 p.m. B. Monday, December 24, 2001 from 10:00 a.m. to 6:00 p.m. C. Saturday, January 5, 2002 from 10:00 a.m. to Sunday, January 6, 2002 at 7:00 p.m. D. Alternating weekends thereafter beginning Friday, January 18, 2002 at 7:00 p.m. to Sunday, January 20, 2002 at 7:00 p.m. and continuing thereafter on an alternating weekend schedule at the same times. E. Two hours on Thanksgiving at times agreed by the parties. F. Every Christmas Day beginning Christmas, 2002 from 8:00 a.m. to 1:00 p.m. 5. Mother shall have physical custody of the child on Mother's Day; Father shall have physical custody of the child on Father's Day, at times agreed by the parties 6. The parties shall alternate the following holidays: Memorial Day, July 4th and Labor Day. Father shall have July 4th in 2002, at times agreed by the parties. 7. The parties shall share transportation such that Mother will drop off the child to Father and Father will return the child to Mother, unless otherwise agreed. 8. Father may take the child out of state during his periods of partial custody, provided he notify Mother of the location and telephone number where the child will be. 9. The parties shall keep each other advised immediately relative to any medical care or medical emergencies 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 parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 10. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. 11. This Order is entered pursuant to an agreement of the parties at 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. cc: Christopher M. Bucher, pro se 295 Kutz Road Carlisle, PA 17013 Michael A. Scherer, Esquire, Counsel for Mother CHRISTOPHER M. BUCHER, Plaintiff V. HILDA F. BAKER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : 2001-5293 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mackenzie Love Bucher September 24, 1995 Mother 2. A Conciliation Conference was held in this matter on December 5, 2001, with the following individuals in attendance: The Father, Christopher M. Bucher, pro se, and the Mother, Hilda F. Baker, with her counsel, Michael A. Soberer, Esquire. 3. Father's wife, Becky M. Thumma-Bucher was also present and listed as a Plaintiff in the Custody Complaint. I find that Becky M. Thumma-Bucher has no standing to bring the complaint. She was excluded from the conference. 4. The parties agreed to entry of an Order in the form as attached. Date ~]acq~line M. Vemey, Esquire 6]/ Custody Conciliator CHRISTOPHER M. AND BECKY M. THUMMA- BUCHER PLAINTIFF V. HILDA F. BAKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-5293 CIVIL ACTION LAW : : 1N CUSTODY AND NOW, Wednesday, September 19, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 17, 2001 at 10:30 a.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. 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 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/ ]~tcqg¢line M. Verney. 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 hearing or business before the corot. 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 Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO.d/-5~,3 CIVIL 20__ CUSTODY/VISITATION AND NOW, this day of , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at ., on the __ day of ., 20 , at __ M., for a Prehearing 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 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. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 Christopher M. Bucher and Becky M. Thumma-Bucher, Plaintiff NO. 2001 - v. Hilda F. Baker, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No.2001 CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY The Plaintiff is Christopher M. Bucher and Becky M_~. Thumma-Bucher, residing at 1401 Creek Road Boiling SDrinas. P__A 17007. 2. The Defendant is Hilda F. Baker. residing at 20 South Hiah Street Newville. P__A 17241. 3. Plaintiff seeks custody and/or visitation of the following child NAME Mackenzie Love Bucher DATE OF BIRTH September 24, 1995 ~RESENT ADDRESS 20 South Hiah Street Newville, PA 17241 AGE ~ years old The child was born out of wedlock. The child is presently in the custody of Hilda F.Baker, resides at 20 South Hiah Street Newville. PA 17241. who During the past five years, the child has resided with the following persons and at the following addresses: LIST ALL PERSONS Fred Sr. Love, Hilda Fred R Pat Baker ~her M. Bucher & Hilda F.~ker Hilda F.Baker R Husband Cname unknown) ADDRESSES 65 Kissme Road Newville. P__A 17241 517 South Pitt Street Carlisle, P__A 17013 2--0 South High Street Newville, P_~A 17241 DATES 9-24-95- 6-9-98 6-9-98- 1-1-00 1-1-00- Present The mother of the child is Hilda F. at 20 South Hiah Street Newville. PA 17241. She is married. The father of the child is Christopher M.Bucher, residing at 1401 Creek Road Boiling SDrin~s, PA He is married. Baker currently residing currently 17007. 4. The relationship of Plaintiff to the child is father and s~enmother. The Plaintiff currently resides with : NAME Becky M. Thumma-Bucher Lois M. Chronister Walter F. Chronister RELATIONSHIP Spouse Step-mother's arandmother Step-mother's qrandfather 5. The relationship of Defendant to the child is mother. The defendant currently resides with NAME Mackenzie Love Bucher Hilda's husband RELATIONSHIP Daughter Step-father to child J Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this minor child in this or another court. Plaintiff has no information of a custody proceeding concerning the child 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 child or claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief requested because w__e are able to provide a more stable environment for Mackenzie. 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 this court to grant custody and/or visitation of the child to the Plaintiff. Respectfully submitted, ~lain~lffs