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HomeMy WebLinkAbout02-1497 " RACHEL BUSER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA ~ No. o)-/4Q1 CHAD K. BUSER, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTIrT TO nEl?F.NTl 4 NTl n.4 1M RT~RT~ You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 II RACHEL BUSER, Plaintiff vs. : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; No. OJ - / if cr 1 CHAD K. BUSER, Defendant : Crvrr. ACTION - LAW : IN DNORCE COMPLAINT IN DIVORCE UNDER SECI10NS 3301(a), 3301(c) or 3301(d) OF TJIlr nWORrT. ("'onF. ("'OUNT 1 - nWORrT. The PIaintift: Rachel Buser, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce: 1. The PIaintift: Rachel Buser, is an adult individual who currently resides at 7 Cottage Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Chad K. Buser, is an adult individual who currently resides at 7 Cottage Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 14, 2000, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. matter. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this ("'OTTNT n - F.QTTIT.4. RT.F. nTS~mUTION 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Plaintiff requests the Court to equitably divide, distribute, or assign the maritaI property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, the plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to ~3502(a) of the Divorce Code. ("OTTNT m _ C'TTSTOnV 11. Paragraphs one (1) through ten (10) are incorporated herein by reference as if set forth specifically below. 12. There is one (1) dependent child by this marriage as follows: Anna E. Buser d.o.b. 1/14/00 13. The Plaintiff seeks primary physical custody of the child born of this marriage as set forth in Paragraph Twelve (12). 14. The minor child is in the custody of both Plaintiff and Defendant. 15. The Father of the child is the Defendant, currently residing at the above referenced address, Paragraph Two (2). 16. The Mother of the child is the PlaiIItiH: currently residing at the above referenced address, Paragraph One (1). 17. During the past two years, the child has resided at the following address with the following persons: -present 7 Cottage Court Mechanicsburg, P A 17050 Plaintiff & Defendant 18. plaintiffand Defendant both reside with the following person: Anna E. Buser. 19. 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 another court. 20. Plaintiff has no infonnation of a custody proceeding concerning the child pending in a court of this Commonwealth. 21. 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. 22. The best interests and welfare of the minor child will be served by granting the relief requested because: a. plaintiff can provide the child with adequate moral, emotional, and physical surroundings as required to meet the child's needs; b. Plaintiff is willing to continue custody of the child. c. Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 23. Each parent whose parental rights to the child has not been tenninated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the plaintiff respectfully requests this Honorable Court grant the Plaintiff rights of majority physical custody and grant the Defendant rights of visitation. COTTNT W _ .l T JMONV .l ND .l T .TMONV PENDENTE T.1TE - ~ 3702 24. All preceding and succeeding paragraphs are incorporated by reference. 25. The Plaintiff is the dependent spouse and Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself completely through appropriate employment. 26. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, the Plaintiff requests your Honorable Court to enter an aware of reasonable alimony upon final hearing and permanently thereafter. Date: Matthew 1. E e Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 II , ' RACHEL BUSER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : No. CHAD K. BUSER, Defendant : CIVIL ACTION - LAW : IN DIVORCE VF.RTlITC,\ TION I verifY that the statements made in this 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. Date: af,Q/o2. Signature: Rachel Buser ~ ~ ~. w ~ "" ~g;~& )-J V), g '8 d tl~ ~ ~~ ~ - ~ r :> --r- - ~ 9\,. ~ 8(j1 ~~ ~ r ~ 1':-. i'..,) I ! -T:j ',) f ,,- -'0 () -- --8 ~.:.l (') -.'-~' rn ~ ,,"_J .. ,...., -'1;--.. - ~~ u. , PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL BUSER v, 02-1497 CIVIL ACTION LAW CHAD K. BUSER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 09, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator. at 39 West Main Street, Mechaniesburg, P A 17055 on Thursday, May 09, 2002 at 8:30 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 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/ Dawn S. Sund~. Esq. ~(I 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 HA VB 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 . ~'~~;;~-fr' ~ ~J6>"J ~ e~-//h .~ ~ ;Z ~ ~U; ~CJ.//.It ~r ~ ~ '~-n ("r?-J!.}t V1N\I^lASNN3d AlNnoo or,IIIlH38V<1na g'1:8 I1d II tJdV cO 1lJ\J1C'f"""Cf' i n,~" :1'.,' i JO AU';. '\"/1 ...v~"u _.I, .,!.. :.:I' 3:J/.:I;IQ-o::nu MAY 1 3 2002 !) RACHEL BUSER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-1497 CIVIL ACTION LAW CHAD BUSER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ih day of May, 2002, the Conciliator, having been advised by Plaintiffs counsel that the parties have reconciled, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for May 9,2002 is canceled. FOR THE COURT, O~'7- Dawn S. Sunday, Esquire Custody Conciliator 0 Cl () C N ."'0 s: :ll: .,-t -urn ;po ,T; ;;g fT1 rt~ -< z~' --om Z .;:- ~j6 Cf) J; ..: ~ej i .'.'1'" ~ ".. I:rl ::c 0 28 ~"~ (J ""-rn ;P:e: '1? s:{ ~ ~ ~ RACHEL BUSER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 02-1497 CHAD K. BUSER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAF,C'TPF. TO RlnN~TATF. nlVORC'F. C:OMPI..4.1NT TO THE PROmONOTARY: Kindly reinstate the Divorce Complaint in the above-captioned matter. Matthew 1. E elman, Esquire Law Offices 0 PatrickF. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10#72655 Tel. (717)763-1800 Date:~()V RACHEL BUSER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. CHAD K. BUSER, Defendant : CIVIL ACTION - LAW : IN DIVORCE '" , J ;'" ._1 , --, '-' -~ c;. , " r-::~_ ..,.'1 .__" .,:'} You have been sued in court. If you wish to defend against the claims set ~~ in 'ihe f~g :>. (~ -:. :-~:~ pages, you must take prompt action. You are warned that if you fail to do so, thiliase ~y PiOceed ' without you, and a decree of divorce or annulment may be entered against YOU~y the court. A I I I judgment may also be entered against you for any other claim or relief requested in these papers by the i Plaintiff. You may lose money or property or other rights important to you, including custody or NOTICT. TO nF.FF.NIl A NIl n ,A 1M RIGHTS visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotaty at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAlM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANlED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TIIEM. 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 RACHa BUSER. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. CHAD K. BUSER. Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECIlONS 3301(a), 3301(e} or 3301(d} OF TRlr nlVORlT roOF, COTINT 1 _ nIVORC'R The Plaintift: Rachel Buser, by and through her attorneys, The Law Offices of Patrick F. Lauer, I Jr., makes the following Complaint in Divorce: I 1. The Plaintift: Rachel Buser, is an aduh individual who currently resides at 7 Cottage I Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. I 2. The Defendant, Chad K. Buser, is an adult individual who currently resides at 7 Cottage Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were manied on October 14, 2000, in Cumberland County, Pennsylvania. 5. 6. 7. The maniage is irretrievably broken. There have been no prior actions of divorce or for annulment between the parties. have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. I I I i The Plaintiff has been advised that counseling is available and that the Plaintiff may matter. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this COTINTH - E(}JT1TART.E mSTRTlUmON 9. The prior paragraphs of this Complaint are incotpOrated herein by reference thereto. 10. Plaintiffrequests the Court to equitably divide, distribute, or assign the maritaI property I' .. between the parties without regard to maritaI misconduct in such proportion as the Court deems just after consideration of all relevant fitctors. WHEREFORE, the plaintiff respectfully requests the Court to enter an order of equitable distnbution of marital property pursuant to ~3502(a) of the Divorce Code. COTTNT m _ nT~Tonv 11. Paragraphs one (1) through ten (10) are incorporated herein by reference as ifset forth specifically below. 12. There is one (1) dependent child by this maniage as follows: AnnaE. Buser d.o.b.1/14/00 13. The Plaintiff seeks primary physical custody of the child born of this maniage as set forth in Paragraph Twelve (12). 14. The minor child is in the custody of both Plaintiffand Defendant. 15. The Father of the child is the Defendant, currently residing at the above referenced address, Paragraph Two (2). 16. The Mother of the child is the Plaintift: currently residing at the above referenced address, Paragraph One (1). 17. During the past two years, the child has resided at the following address with the following persons: -present 7 Cottage Court Plaintiff & Mechanicsburg, P A 17050 Defendant 18. Plaintiff and Defendant both reside with the following person: Anna E. Buser. 19. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation conceming the custody of the child in this or another court. 20. Plaintiff has no infonnation of a custody proceeding concerning the child pending in a court of this Commonwealth. 21. 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. J J .22. The best interests and welfare of the minor child will be served by granting the relief requested because: a. plaintiff can provide the child with adequate moral, emotional, and physical surroundings as required to meet the child's needs; b. Plaintiffis willing to continue custody of the child. c. plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 23. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff respectfully requests this Honorable Court grant the plaintiff rights of majority physical custody and grant the Defendant rights of visitation. r.OTTNT TV - .4 T .TMONV .4 Nn .4 T .TMONV PENnENTIr T :rrE _ f 37n, 24. All preceding and succeeding paragraphs are incorporated by reference. 25. The Plaintiff is the dependent spouse and Plaintiff Iacks sufficient property to provide for her reasonable means and is unable to support herself completely through appropriate employment. 26. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, the Plaintiff requests your Honorable Court to enter an aware of reasonable alimony upon finaI hearing and pennanently thereafter. Date: Matthew 1. E Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 DL- I' RA~ BUSER, Plaintiff : IN TIm COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. CHAD K. BUSER, Defendant : CIVIL ACTION - LAW : IN DIVORCE V'E1Umc.4 TION I verifY that the statements made in this Complaint are true and correct. I understand that fi1Ise statements herein are made subject to the peoalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: aj,q / 02.. Signature: ~/3 '--' Rachel Buser (") ~ -ot1.- rn[1' Z::l. ZC. ~2~ r:::C );;,-. Z'J ~8 Z ::c! I";;) rv L c::: r- ,-) ~1 u; -0 ...~"'~ .... , ~, '.2 c") ~~~;Tl ?D -< c.) r::- CHAD BUSER/B.2B.02. ANSWER AND CC TO DIVORCE COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL BUSER, Plaintiff NO. 02-1497 v. CIVIL ACTION - LAW CHAD K. BUSER, Defendant DIVORCE/CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTy BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 CHAD BUSER/S.2S.02. ANSWER AND CC TO DIVORCE COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL BUSER, Plaintiff NO. 02-1497 v. CIVIL ACTION - LAW CHAD K. BUSER, Defendant DIVORCE/CUSTODY ANSWER AND COUNTERCLAIM TO DIVORCE AND NOW, this 2- q day of Jhrg tJ'5 +- COMPLAINT , 2002, comes the Defendant, Chad K. Buser, by his attorney, Diane G. Radcliff, Esquire, and files this Answer and Counterclaim to Plaintiff's Complaint in Divorce as follows: ANSWER TO DIVORCE COMPLAINT PLAINTIFF'S COUNT I: DIVORCE 1. ADMITTED. It is admitted that the Plaintiff is Rachel Buser, an adult indi vidual who currently resides at 7 Cottage Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. ADMITTED. It is admitted that the Defendant is Chad K. Buser, an adult individual who was residing at 7 Cottage Court, Mechanicsburg, - 1 - CHAD BUSER/S.2S.02. ANSWER AND CC TO DIVORCE COMPLAINT Cumberland County, PA at the time of the filing of the Divorce Complaint, but who has been staying with his parents at their home located at 3 Thomas Drive, East Berlin, PA 17316 since August 28, 2002. 3. ADMITTED. It is admitted that Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at six months immediately previous to the filing of the Complaint. 4. ADMITTED. It is admitted that Plaintiff and Defendant were married on October 14, 2002 in Cumberland County, Pennsylvania. 5. ADMITTED. It is admitted that there have been no prior actions of divorce or annulment between the parties. 6. ADMITTED. It is admitted that the parties marriage is irretrievably broken. 7. ADMITTED. It is admitted that Plaintiff has been advised of the availability of counseling and that Plaintiff may have a right to request that the Court require the parties participate in said counseling. It is further averred that Defendant has been advised of the availability of counseling and that Defendant may have a right to request that the Court require the parties participate in said counseling. - 2 - CHAD BUSER/S.2S.02. ANSWER AND CC TO DIVORCE COMPLAINT 8. ADMITTED. It is admitted that this action is not collusive. WHEREFORE, Defendant respectfully requests this Honorable to grant Plaintiff's request for the entry of a decree in divorce upon resolution of any economic issues herein or heretofore raised by either party. PLAINTIFF'S COUNT II - EQUITABLE DISTRIBUTION 9. Defendant incorporates by reference the Answers set forth in Paragraphs 1 though 8 inclusive herein, the same if set forth fully herein at length. 10. Admitted. It is admitted that Plaintiff requests the Court to equitably divide, distribute, or assign the marital property between the parties without regard to marital misconduct in such proportions as the court deems just after consideration of all relevant factors. WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital property and debts of the parties. PLAINTIFF'S COUNT III: CUSTODY 11. Defendant incorporates by reference the Answers set forth in Paragraphs 1 though 10 inclusive herein, the same if set forth fully herein at - 3 - ---__._.,_.__..m._______~,_. -.._....,....... u "_"'_""~_'''~'_'_''_,,_. CHAD BUSER/S.2S.02. ANSWER AND CC TO DIVORCE COMPLAINT length. 12. ADMITTED. It is admitted that there is one (1) dependent child by this marriage as follows: Anna E. Buser d.o.b. 1/14/00 13. ADMITTED. It is admitted that Plaintiff is seeking custody of the child, Anna E. Buser. 14. ADMITTED IN PART AND DENIED IN PART. It is admitted that at the time of the filing of the divorce Complaint, the minor child was in the joint custody of Plaintiff and Defendant. It is denied that the child is currently in the joint custody of the parties and on the contrary it is averred that the child is in the custody of Defendant, Chad K. Buser 15. ADMITTED. It is admitted that the father of the child is Defendant, who was residing at 7 Cottage Court, Mechanicsburg, PA at the time of the filing of the Divorce Complaint, but who has been staying with his parents at their home located at 3 Thomas Drive, East Berlin, PA 17316 since August 28, 2002. 16. ADMITTED. It is admitted that the mother of the child is Plaintiff, who resides at 7 cottage court, Mechanicsburg, PA. 17. DENIED. It is denied that the child has resided with Plaintiff and - 4 - '_"M' "_"~n,..."._.~_",~~ CHAD BUSER/S.28.02. ANSWER AND CC TO DIVORCE COMPLAINT Defendant at 7 cottage court for the past two years. On the contrary it is averred that since her birth the child has resided with the persons and at the addresses as follows: Chad K. Buser 3 Thomas Drive East Berlin, PA 8/28/02 to present Chad K. Buser Rachel Buser 7 Cottage Court Mechanicsburg, PA Chad K. Buser Rachel Buser 144 Altoona Ave. Enola, PA 2/02 to 8/28/02 1/14/00 to 2/02 18. DENIED. It is denied that both Plaintiff and Defendant reside with the child, Anna E. Buser. On the contrary it is averred that Defendant resides with the child, Anna E. Buser and his parents, and that Plaintiff does not reside with anyone. 19. ADMITTED. It is admitted that 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. 20. ADMITTED. It is admitted that Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 21. ADMITTED. a party to claims to children. It is admitted that Plaintiff does not know of a person not the proceedings who has physical custody of the children or have custody or visitation rights with respect to the 22. DENIED. It is denied that the best interest and permanent welfare of the child will be served by granting Plaintiff majority physical custody of the Child for the reasons stated in the Complaint. - 5 - CHAD BUSER/S.2S.02. ANSWER AND CC TO DIVORCE COMPLAINT 23. ADMITTED. It is admitted that 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. WHEREFORE, Defendant requests the Court to grant joint legal custody of the child to the parties, majority physical custody to Defendant, and partial physical custody to Plaintiff at such times as the court deems appropriate. PLAINTIFF'S COUNT IV. ALIMONY PENDENTE LITE, ALIMONY 24. Defendant incorporates by reference the averments set forth in Paragraphs 1-23 herein as fully as though the same were set forth at length. 25. DENIED. It is denied that Plaintiff is the dependent spouse of Defendant and it is further denied that Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 26. DENIED. It is denied that Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to deny Plaintiff's - 6 - ..' '~"--~'~-~.'."'.''''~''~' - CHAD BUSER/S.2S.02. ANSWER AND CC TO DIVORCE COMPLAINT request for the entry of an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. length. COUNTERCLAIM DEFENDANT'S COUNT I: DIVORCE 27. Defendant incorporates by references the Answers set forth in Paragraphs 1-26 herein the same as if said Answers were set forth at length. 28. Defendant avers that the grounds on which the action and his claim for divorce are based are that: a. Plaintiff has offered such indignities to the person of Defendant, the innocent and injured Spouse, as to render his condition intolerable and life burdensome; or, b. Plaintiff has committed adultery in violation of her marriage vows to Defendant, the innocent and injured spouse; or, c. That the marriage is irretrievably broken. WHEREFORE, Defendant requests this Honorable Court to enter a decree in divorce, divorcing Plaintiff and Defendant. - 7 - ,- ""---'~-' .._--~--_." CHAD BUSER/S.2S.02. ANSWER AND CC TO DIVORCE COMPLAINT DEFENDANT'S COUNT II EQUITABLE DISTRIBUTION 29. Defendant incorporates by reference the averments set forth in Paragraphs 1-28 herein as fully as though the same were set forth at length. 30. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from October 14, 2000 until present, all of which is "marital property". 31. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 32. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital property and debts of the parties. - 8 - CHAD BUSER/S.2S.02. ANSWER AND CC TO DIVORCE COMPLAINT DEFENDANT'S COUNT III: CUSTODY 33. Defendant incorporates by reference the averments set forth in Paragraphs 1-32 herein as fully as though the same were set forth at length. 34. The best interest and permanent welfare of the child, Anna E. Buser would be served by granting Defendant primary custody of the child, because Defendant can better provide for the physical, emotional, spiritual and mental well being of the child and is more likely to foster a relationship with the non-custodial parent and the child. WHEREFORE, Defendant requests the Court to grant joint legal custody of the child to the parties, majority physical custody to Defendant, and partial physical custody to the Plaintiff in accordance with such schedule as the court deems appropriate. Respectfully submitted, LIFF, oad 1701 1 Phone: (717) 737- 0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Defendant - 9 - -~~~-~-~""-~'--Y""'''' .......~~.~._"~_..~. - ". CHAD BUSER/S.2S.02. ANSWER AND CC TO DIVORCE COMPLAINT VERIFICATION I verify that the statements made in this Answer and Counterclaim to Divorce Complaint are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. c:~. t/~ CHAD K. BUSER ~ti ~ UJ (j 2---. DATE: - 10 - ^-'_...-w,-"~._.._...._~_,_,.~___.o._.,~"'.,._.._ CHAD BUSER/S.2S.02. ANSWER AND CC TO DIVORCE COMPLAINT CERTIFICATE AND NOW, this ~~__icray of RADCLIFF, ESQUIRE, hereby certify that 002, I, DIANE G. within ANSWER AND COUNTERCLAIM TO THE DIVORCE COMPLAINT upon the served a copy of the addressed as follows: Plaintiff's attorney, by mailing same by first class mail, postage prepaid, Matthew J. Eshelman, Esquire. 2108 Market Street Camp Hill, PA 17011 Respectfully submitted, LIF , oad 17011 Phone: (717) 73 7 - 0 1 0 0 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Defendant ( - 11 - _.-.._-------~~-_.~-,--,._-,-, ..,--.,+_._......~^~....._,',.._" 8 0 () 1"'0 -,--I s: }> , uU;! ~ mrr (7) 2:1:' N n ZC .-". '~"'f \D ,'~ (j) ~O ~:i,~ -<"". ~CJ -0 ~G - , -- .:;;'C) )>8 N om ~ ~ :n -< RACHEL BUSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-1497 CIVIL CIVIL ACTION - LAW CHAD K. BUSER, Defendant CUSTODY IN RE: EX PARTE PETITION FOR EMERGENCY RELIEF ORDER AND NOW, this 36 ~ day of August, 2002, hearing in the above captioned matter is set for Wednesday, September 4,2002, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Diane Radcliff, Esquire COfY Y"l4tle d For the Defendant . fllf~Ol\o.( ~1"l.t1 L Matthew Eshelman, Esquire For the Plaintiff :rlm RACHEL BUSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW CHAD K. BUSER, Defendant 02-1497 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 4th day of September, 2002, in accordance with the agreement of the parties, as announced in open court and in their presence, the following temporary order is entered with respect to the custody of the child of the parties, Anne E. Buser, born January 14, 2000. The parties will share legal custody of their minor child, Anna E. Buser, born January 14, 2000. The parties shall share physical custody of the child in accordance with the following schedule: In week one mother will have custody of the child from between 7:30 a.m. and 8:00 a.m. on Wednesday until 9:00 a.m. on Saturday. The remaining times in week one are allotted for father. In week two mother will have custody of the child from between 7:30 a.m. and 8:00 a.m. on Wednesday until 9:00 a.m. on Saturday. The remaining times in week two are allotted for father. The current week for purposes of application of this provision is being treated as week two. The father will be delivering the child to the mother between 4:30 p.m. and 5:30 p.m. today, and she will have the child until Sunday at 9:00 a.m. ViNV/\lASNN3d ,lJNn08 O\>nlj~PY'in8 L f]:1I \W s- d3S 20 },lJ\f.LONCr1',,;;Y; .Jl jO j8\j~()-'CEjl \~ 02-1497 CIVIL TERM In addition to the alternating week schedules, the parties will alternate custody on the following holidays, including Easter Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, a Christmas segment one, which is defined as between 9:00 a.m. on 12/24 to 12:00 p.m. on 12/25, and segment two, which is defined as 12:00 p.m. on 12/25 through 6:00 p.m. on 12/26. The first holiday to occur after the entry of this agreement is to be Thanksgiving Day 2002, which will be mother's holiday. Further, with regard to the holidays, if a party who is entitled to a holiday has custody of the child immediately before or after the holiday, then the party will be able to exercise the holiday and the other custodial period without interruption between the two. All exchanges for purposes of custody are to take place at the marital residence located at 7 Cottage Court, Mechanicsburg, Pennsylvania. The order to be entered is being entered without prejudice to either party to seek a different position, claiming the right to have primary custody as part of the regular custody process, including through the conciliation conference that should be held within the next three or so weeks. ~ t~~ By the Court, ~tthew Eshelman, Esquire ~ Attorney for Plaintiff d ~'ane Radcliff, Esquire or the Defendant :bg RACHEL BUSER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-1497 CIVIL ACTION LAW CHAD K. BUSER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, September 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, P A 17055 on Wednesday, October 02, 2002 , the conciliator, at 12:30 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. 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 hearin2. FOR THE COURT. By: Isl Dawn S. Sunda.y. Esq. Custody Conciliator "'"v ~ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t;~ ~.$- ~'11' ~ 1't7.//., ~/ r ~ ~- ~ c:'r?,//-/7 ~ fr.~ ~ -/qp.r; e"O'//-j; 1-/'{\II"l'l , f / VI\ ^ 00\1" '-'d 1/ ",,"'"\ " v, IV:) 1'\.i..l\~1 J!..J,J L.n\ :<---;'!,:...::r-;,'/\tl"11"\ :,-:1<:il'llv , (' . I ". , ~.I trJd I I d3S 20 ::10 AtJ\?~l C','/ AUG 3 \) 2002 ~ RACHEL BUSER., plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02 - 1497 Civil Tenn CHAD K BUSER., Defendant : CIVIL ACTION - LAW : IN DNORCF/Custody ORDER OF COURT AND NOW, this , upon consideration of the attached praecipe, it is hereby directed I that the parties and their respective counsel appear before , the conciliator, at , on the day of 2002, at A M/P.M 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 by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION lWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 RACHEL BUSER, plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. o c <- -oj:;:::; n~lrl"; -;? ..," 7P":: tt; ""',~,. \J~ c._" -<:;., "", r:::;c ~C cO ...-c ~ AMERICANS WITH DISABILITIES ACT OF 1990 o f-v ):10 c= ;:;-> w o : No. 02 - 1497 Civil Term CHAD K. BUSER, Defendant : CIVIL ACTION -LAW : IN DNORCFJCustody --0 ..;.;.. ....J o ''''' .-1 ."T- -. ""T1 ,It;=::::. ;~lm '~6 ....,":""", .,---n 20 om ~ -< The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accesslble filcilities 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. ,I I' . RACHEL BUSER, plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02 -1497 Civil Term CHAD K. BUSER, Defendant : CIVIL ACTION - LAW : IN DIVORCFiCustody PRAECIPE TO SCHEDULE CONCILIATION CONFERENCE A Complaint in Divorce was filed on March 27, 2002, and reinstated July 15, 2002, which included a Count ill - Custody, comprising the allegations of a custody complaint. Kindly list the matter for a pre-hearing conciliation conference at your earliest possible convenience. Matthew 1. Eshe Law Offices ofPa .ck F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 Du", ~ . RACHEL BUSER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-1497 CIVIL ACTION LAW CHAD K. BUSER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, September 06, 2002 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 02,2002 at 12:30 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. 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 hearin2. FOR THE COURT. By: /5/ Dawn S. Sunday. Esq. Custody Conciliator \-V vi' 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 VB 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 .g~ fp % ~J1/ ~ --eO.J/./; ~ p ~ /tJ:~ ~~ eo.}/,! ~ p~~ ~-Pl e~)/-p > 'VfNVl\lASNN3d ALNno:-.' (;''''r:i3::Wvno 6 11 : I Hd 'I d3S 20 III\..,II'-I__,r i\t]'1.I \,)1 -4C"I"",1'..._:::.::. dO :>"':~-""IJ::J)I ' ..J"........\,A (...- I:: vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 02-1497 RACHEL BUSER, Plaintiff CHAD K. BUSER, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess 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 Anna E. Buser January 14, 2000 MotherlFather 2. A Conciliation Conference was held on October 2, 2002, with the following individuals in attendance: The Mother, Rachel Buser, with her counsel, Patrick F. Lauer, Jr., Esquire, and the Father, Chad Buser, with his counsel, Diane G. Radcliff, Esquire. 3. This Court previously entered a temporary Custody Order on September 4,2002 as part of Protection From Abuse proceedings under which the parties had shared physical custody. The Mother tiled this Petition for primary physical custody of the Child and the Father filed a counter-claim seeking primary custody also. 4. Although the parties had made substantial progress during the Conference toward working out a mutually acceptable custody schedule to accommodate work schedules, a dispute arose with respect to one remaining overnight period of custody per month for the Father. Apparently believing that the Father's counsel was overreaching, the Mother's counsel demanded a Hearing on the primary custody issue as he abruptly left the Conference. It will be necessary to schedule a Hearing in this matter. It was impossible to refine the issues further or obtain information on possible witnesses due to the sudden conclusion of the Conference. 5. The Mother's position on custody is as follows: The Mother believes that it would be in the Child's best interest to reside primarily with her. The Mother feels that she is the better nurturing parent and was the primary caregiver for the Child prior to the parties' separation. The Mother expressed concern that her child support would be reduced under a shared custody arrangement. However, she indicated that the real basis for her request for primary custody is her belief that it would be detrimental for the Child to continue going back and forth between the parties' residences on a shared basis. The Mother proposed that the Father have partial physical custody of the Child over 3 weekends per month and 1 evening during the week. 6. The Father's position on custody is as follows: The Father believes that it would be in the Child's best interest to reside primarily with him. The Father believes that he had been the Child's primary caregiver when the parties were living together. Although the Father prefers a primary custody arrangement, he indicated that the temporary shared custody arrangements reflected in the September 4, 2002 Order had been working well. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter. It is expected that the Hearing will require at least one-half day. Ochl/X/l 7, doOJ-. I rO~ff:r Dawn S. Sunday, EsqUlre Custody Conciliator Date RACHEL BUSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-1497 CNIL ACTION LAW CHAD K. BUSER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this I ~ day of ~A .-J , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room # If , of the Cumberland County Court House, on the ... jAAi day of ~/71L( L/ /J-y ,2003, at /: 3cJ o'clock, -f2-.m., at which time testimony w be taken. For purposes of this Hearing, the Mother, Rachel Buser, shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated September 4, 2002, shall continue in effect. BY THE COURT, -4( ~ /JJ. cc: Patrick F. Lauer, Jr., Esquire - Counsel for Mother ~ ~ 10 ~ ;u. 0 .L Diane G. Radcliff, Esquire - Counsel for Father . - .,. J. \ ,f~':/>\,~'~'\S\I\\I\rjd c_-:: ..:':""'-.-:/\1("18 SU ~ 1 "; _. 1" '0 -~ // !l / ~ : v .... ~.. <f RACHEL BUSER, Plaintiff VS. CHAD K. BUSER, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1497 CIVIL CIVIL ACTION - LA W CUSTODY ORDER ~ .. day of January, 2003, continued hearing in the above captioned matter is set for Friday, April 4, 2003, at 1 :30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. ~iane Radcliff, Esquire F or the Plaintiff / Austin Grogan, Esquire F or the Defendant :rlm / [crp~~; ~ 11 R"KS 01-0?-03 BY THE COURT, *~1{L ViNVi\lfSNN3d I I" 1(""\1'. '~1'. "..n' ....,r.l.~lnl"'\. 1\J/'4,I...j"..' I...;: ..!.' ~1'~ A~,:.~/ 1~ V 9U :11 9- t\~r to AH\t'l()[" RACHEL BUSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-1497 CIVIL CIVIL ACTION - LAW CHAD K. BUSER, Defendant CUSTODY ORDER AND NOW, this 2 ~ day of May, 2003, after hearing, regarding Rachel Buser (hereinafter referred to as Mother) and Chad K. Buser (hereinafter referred to as Father), pertaining to their minor child, Anna E. Buser, born January 14,2000 (hereinafter referred to as the Child), it is hereby ordered and decreed as follows: A. Legal Custody: The parents shall share and have joint legal custody of the child. Pursuant to the foregoing, the following shall apply: 1. Access to Information: Each parent shall be entitled to access to any and all information regarding the health, education, religion, and general well being of the child, and pursuant thereto each parent shall be entitled to communicate with and receive information and documents from any persons or entities having such information and/or documents regarding the health, education, religion, and general well being of the child so that informed decisions can be made. 2. Communication: Each parent shall permit and encourage communication by the other parent with doctors, clinics, hospitals, other health care providers, teachers, guidance counselors, other school personnel regarding said child's health, education and welfare. 3. Major Decisions: All major non-emergency decisions affecting the VI NVAlASNN3d AINrr'- ,.", ,-.. '-'r'"lf'no ii' -j 1 . ~j\~~-:f P......-~H'~ I ,I\"j"..' ,.,.,,'," j"-!''''''''_Mi' \: 28 :8 Hd 2.. AV~~ EO }\bVl()i'~!'~"1 I jO 38!.:1:K)-()j'11:1 child's health, education, religion and general well being shall be made jointly by the parents. Major decisions shall include, but not be limited to: a. Non-emergency major medical decisions including medical, medications, dental, orthodontic, optical, psychological, psychiatric, elective surgery, and the like; b. Selection of or change in health care providers and counselors or therapists; c. Selection or change of residence outside of Cumberland County; d. Selection of or change in school to be attended; e. Selection of religion and religious training; and f. General welfare decisions, such as acquisition of passport, changing of name, signing of contracts on behalf of said child, signing of drivers license, signing of working papers, and the like. 4. Non-Maior Decisions: Non-major decisions involving the child's day to day living shall be made by the parent then having custody, but to the extent possible, the parents shall attempt to make such rules and follow such schedules as would provide the child with continuity regardless of the then existing custodial parent. 5. Emergency Decisions: Emergency decisions regarding the child shall be made by the parent then having physical custody, but that parent shall communicate to the other parent the nature and extent of the emergency and shall provide that other parent with all information pertaining to the treatment so that the other parent may be involved in the decision making process at the earliest possible time. 2 6. Information Exchange: Each parent shall provide the other parent with information concerning the well being of the child including, but not limited to, the child's report cards, school meeting notices, vacation schedules, classes programs, requests for conferences, results of diagnostic tests, notices of activities, order forms for school pictures, communications from health care providers and the like within five (5) days of receiving such information. 7. Copies of Documents: Upon receipt by a parent, copies of the child's school schedules, special events notifications, report cards and the like shall be provided to the other parent. Each parent shall share with the other parent any other information and documents, or copies thereof, that each parent possesses regarding the child within such reasonable time as to make the records and information of reasonable use to the other parent. 8. Notice of Activities: Each parent shall provide the other parent with at least forty-eight (48) hours advance notice of school or other extracurricular activities. 9. School Absences: The custodial parent shall notify the other parent of all school absences and the reason for such absences within forty-eight (48) hours of any occurrence. 10. Appointments: The parent arranging any non-emergency medical, dental, optical, psychological appointments and/or treatments for the child shall notify the other parent within three (3) days of the scheduling ofthe appointment and at least forty-eight (48) hours prior to any such appointment. 3 11. Mail: Each parent, upon receipt of mail or packages addressed to the child from the other parent or any member of the other parent's family, shall see to it that such unopened mail or packages are immediately given to the child. 12. Residence Address: Each parent shall at all times provide the other parent with his or her residence/home address where the child can be reached when in that parent's custody. If either parent intends on relocating from his or her current residence, or any other residence hereafter established, regardless of its location and/or any requirement to obtain court approval as herein provided or otherwise required by law, upon making a determination to relocate, but in no event any later than sixty (60) days prior to such intended relocation, the relocating parent shall provide the other parent with any and all information regarding that intended relocation including, but not limited to, the new address, the reasons for relocation, the intended date of relocation, the persons to comprise the household in the new residence, and information regarding school, church, physicians and other health care providers that the relocating parent intends to use after that relocation. 13. Telephone Contact: Both parents shall be afforded reasonable telephone contact with the child while in the other parent's custody and for said purposes each parent shall provide the other parent with his or her phone number where the child can be reached when in that parent's custody. Each parent, step-parent, or live-in mate shall not unreasonably interfere with the child's right to privacy during such telephone conversations, nor shall listen to that conversation on an extension telephone. 4 Each parent shall see that the child calls the other parent upon receipt of any phone message requesting such a return call. 14. No Derogatory Comments: Neither parent will undertake, or permit by any other person, the poisoning of the child's mind against the other parent, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other parent or extended family members. Neither party shall attempt, or condone any attempt, directly or indirectly, to estrange the child from the other parent. At all times each parent shall encourage and foster in the child a sincere respect and affection for the other parent. 15. No Discussion: Neither parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the child. Neither parent shall discuss any pending legal action involving the parents with the child. Neither parent shall utilize the child for purposes of conveying information or inquiries pertaining to the child and/or any pending legal action to the other parent. 16. Temporary Absence from Commonwealth: If either parent intends on removing the child from his or her residence for a period in excess of forty-eight (48) hours, that parent shall provide the other parent with the address and phone number where the child can be reached during the period of absence. 17. Relocation: Neither parent shall remove the child from the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on a permanent basis without first obtaining the other parent's written consent or a court order approving said relocation. 5 B. Physical Custody: The following shall apply regarding physical custody of the child: 1. Shared Custody: The parties shall have joint physical custody of the child, subject to the custody schedule hereafter set forth. 2. Weekly Schedule: The parties shall share custody on a rotating two (2) week basis in accordance with the following schedule which the court understands to be the current arrangement: Week Monday Tuesday Wednesday Thursday Friday Saturday Sunday No. Nights 1 Father Father Custody Mother Mother Custody Father F 4 all day all day! transfers to all day all day transfers all day M3 Mother to 7:30 to Father 8:00 a.m. 9:00 a.m. 2 Father Father Custody Mother Mother Mother Custody F3 all day all day2 transfers to all day all day all day transfers M4 Mother to 7:30 to Father 8:00 a.m. 9:00 a.m. 3. Holidays/Special Days: Custody for major holidays and special days shall be in accordance with the following schedule: I Mother has child in the a.m. until Father returns from work. 2 Mother has child in the a.m. until Father returns from work. 6 HOLIDA YS TIMES EVEN YEARS ODD YEARS Easter Sunday before Easter Mother Father Day at 5:00 p.m. until Easter Memorial Day Sunday before Father Mother Memorial Day at 5:00 p.m. until Memorial Day at 7:00 p.m. Independence Day 8:00 a.m. until 7:00 Mother Father Observed 3 p.m. Labor Day Sunday before Labor Father Mother Day at 5:00 p.m. until Labor Day at 7:00 p.m. Thanksgiving Day Wednesday before Mother Father Thanksgiving Day at 5 :00 p.m. until Thanksgiving Day at 7:00 p.m. Christmas 1>l Half 12/24 at 8:00 a.m. Father Mother until 12/25 at 2:00 p.m. Christmas 211u Half 12/25 at 2:00 p.m. Mother Father until 12/26 at 7:00 p.m. Mother's Day Saturday before Mother Mother Mother's Day at 5:00 p.m. until Mother's Day at 7:00 p.m. Father's Day Saturday before Father Father Father's Day at 5:00 p.m. until Father's Day at 7:00 p.m. a. No Interruption: In the event a parent is to have custody on a holiday that immediately precedes or follows his or her other custodial period, that parent 3 If the parent entitled to this holiday is taking the child to the fireworks, this period shall be extended until after the fireworks. 7 shall have custody of the child without interruption between the holiday and the other custodial period. 4. Summer Vacation Time: Each parent shall be entitled to two (2) uninterrupted weeks of custody of the children which weeks shall not be consecutive and shall, to the extent possible, encompass the selecting parent's regular weekend custodial period. Each parent must provide the other with at least thirty (30) days advance notice of his or her intention to exercise these custodial weeks. In the event a conflict should arise between the selection of said weeks, the first parent to notify the other parent of his or her selection shall have the right to exercise custody on the weeks selected and the other parent shall select other times for his or her weeks so as to avoid any conflicts. 5. Modification: The parents shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the parents for any such modifications. 6. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 7. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the parents. The parent receiving custody of the child shall provide the transportation for that custodial exchange. 8. Unavailability: In the vent either parent is going to be out of town or is 8 otherwise unavailable to exercise his or her custodial periods, that parent shall notify the other parent of that unavailability, and the other parent shall be provided with the opportunity to have custody for the period of unavailability. The foregoing notwithstanding, this provision shall not apply to father's Monday custodial times when the child is in the care of the paternal grandmother. BY THE COURT, ~in F. Grogan, Esquire F or the Plaintiff ~e Radcliff, Esquire ~ For the Defendant J ~ . :rlm {\O' f\ ~~ L/ ~,6.? OtiO Ad 9 . MARIA P. COGNETTI & ASSOCIATES KRlSTOPHER T. SMULL, ESQUIRE Attorney LD. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff/Petitioner RACHEL BUSER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1497 CNIL CHAD K. BUSER, Defendant/Respondent CNIL ACTION - LAW CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER REQUESTING PERMISSION TO RELOCATE AND NOW comes Petitioner, Rachel Buser, by and through her attorney, Kristopher T. Smull, Esquire, and files the following Petition for Modification of a Custody Order: 1. Petitioner, Rachel Buser (hereinafter "Mother"), is an adult individual who currently resides at 218 North Timber Ridge Drive, Harrisburg, Dauphin County, Pennsylvania. 2. Respondent, Chad Buser (hereinafter "Father"), is an adult individual who currently resides at 323 East Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The parties hereto are the natural parents of one (1) minor child, namely: Anna E. Buser, born January 14, 2000. 4. The minor child is the subject of an Order of Court dated May 2, 2003, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." Pursuant to said Custody Order, the parties share legal and physical custody of the child. 5. Mother is employed by American Income Life, Inc. and has been given the opportunity for a promotion which would require her to move to Atlanta, Georgia. 6. Mother desires to relocate with the child outside the jurisdiction of this Court and move to Atlanta, Georgia in January 2007. 7. Mother's reasons for desiring to relocate with the child are as follows: a. Mother has been the primary caretaker of the child for most of the child's life, only returning to the work force full time two (2) years ago. b. Since Mother's return to the work force full time she has allowed Father to spend more time with the child; however, Father has abused that privilege in that he has begun to attempt to alienate the child from Mother and to restrict her time with the child. c. Mother's new position will increase her salary to three (3) times what she is currently making. d. Mother's new position will allow her more regular hours and a shorter work day, enabling her to have more time to spend with the child. e. Mother's increased salary will enable her to place the child in private school in Georgia. f. Mother's lifestyle and that of the child will improve, both financially and emotionally, if she is allowed to relocate to Georgia. g. Mother is not seeking to deny Father access to the child or to interfere with his relationship with the child. h. Mother recognizes that, as a result of the move, a modified custody schedule will be necessary. Reasonable alternatives exist for Father to continue to have ongoing contact with the child. # 1. Mother's increased salary will allow her to cover the expenses of the added travel that will be required for Father's visitation with the child. J. Mother is more likely to encourage a relationship between the child and Father and, if the child were to remain in Father's primary custody, he would likely continue to alienate the child from Mother. 8. The best interest and permanent welfare ofthe child will be served by granting Mother permission to relocate with the child. WHEREFORE, Mother respectfully requests that this Honorable Court grant her permission to relocate with the child to the State of Georgia. Respectfully submitted: MA G ETTI & ASSOCIATES { Date: 11'l1106 By: KRI T HER T. SMULL, ESQUIRE Attorney LD. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for PlaintifflPetitioner VERIFICATION I, Rachel Buser, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn verification to authorities. Date: 9111 ! 0 G ~~~ Rachel Buser CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for Plaintiff/Petitioner, Rachel Buser, do hereby certify that on this date I served the foregoing Petition for Modification of Custody via certified mail, restricted delivery, as follows: Diane G. Radcliff, Esquire 3448 Trindel Road Camp Hill, P A 17011 MARIA P. COGNETTI & ASSOCIATES Date: 1/'Z-'f do By: KRIS 0 HER T. SMULL, ESQUIRE Attorney J.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff/Petitioner (J ~ l"\\:. w ~ -C ~ f ..(Q. B . C> ~ F ~ --r- ~ ~ Q c::::::> ,. C1'" ~ ?'::. (n ..., -jl~ ,'" ~ " --0 -0 N :0 N ~?, ~ :t::;q -0 s:;;~ ::s: 5 w -::.{ ..~ o ;<. u:> MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney LD. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff RACHEL BUSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1497 CIVIL CHAD K. BUSER, Defendant CIVIL ACTION - LAW DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you, or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in August 2003 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. 71'Z1/~6 \ AQ~ ~ Buser (") c: <: "l) (~1 cnr; ~~. ~~. f=~: frC ~ ....., = = cr> en rr1 -0 N N o 'T1 ~~ :B.~ 00 "'~l-f"i ~:n QO /-rn 9 ?E ~ -0 3 N .. w U1 RACHEL BUSER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-1497 CIVIL ACTION LAW CHAD K. BUSER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 27, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 26, 2006 , the conciliator, at 9:00 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. 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 hearin2. FOR THE COURT, By: /s/ Dawn S. Sunday. 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 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 Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~ !l ~ ~ w-je-6 ~ y l' ~ ~ ?r/'fl("-,f .~ P ~ ~ 4rW -.p; ?(l-Vt"p ) ';j!I\jVf\lASi\IN3d I I t\.lnr' r, 1"1 -., :'""';'~'In" l\lJ ,l h..,f,,' l' -,..;-:'tJlf ',I V 10 :21 Hd 62 d3S qOOl I \';'\';j r':'.J Y_ : ",'\1,.; , ::JH1' :In i\'..H ,\...I ,'",C :.<,'""c.O -' '-" .; :\r:}-o::m:! RACHEL BUSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1497 CNIL CHAD K. BUSER, Defendant CNIL ACTION - LAW IN DNORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, do hereby accept service of a true and correct copy of the Complaint in Divorce directed to my client, CHAD K. BUSER, Defendant in the above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b). Respectfully submitted, DATE: July 20,2002 c ff, Esquire 448 oad Camp Hill, PA 17011 Telephone: 717-737-0100 Supreme Court ill # 32112 Counsel for Defendant o c ~ LIeu ~;I eJ) r::;: ..,_"__ -I':.... ~ - 1 ' ~; ~~~~ <"- ::2 ~ = = 0"'" C> C-) --I N W V - o -n ~-n fl1p "TIm ~.'j c:J c) (~} =i-r; _1- -n Q-=- "7(') om --I ~ r:Y N \.0 . -- MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff RACHEL BUSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1497 CNIL CHAD K. BUSER, Defendant CNIL ACTION - LAW IN DNORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under S 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by Counsel for Defendant, Diane G. Radcliff, Esquire, on July 20, 2002. 3. (a) Date of execution of the Affidavit required by S 3301(d) of the Divorce Code: September 21,2006. (b) Date of filing and service of the Affidavit upon the Respondent: Affidavit was filed on September 22, 2006 and served upon Defendant on September 28, 2006. Defendant's Counter-Affidavit, dated October 6, 2006, agreeing to the entry of a divorce decree and waiving claims for economic relief is being filed simultaneously herewith. . . '"'" 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in S 3301(d) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in S 3301(d) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: [U \ '2 () ( 0 b By: /G KRISTOPHER T. MULL, ESQUIRE Attorney J.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff .,-" (') po...) 0 c::;> c: = ." C.T" ~'>. 0 -t l" :I:-n ....... n -; n1fT; N ~n ~U? W ,~.) -U .~~~ 3: .'? () N (jm -"-1 J:;> I'~ ::0 \..0 ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+~~+~~++~~~++++++++~+++++~+~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RACHEL BUSER, Plaintiff No. 02-1497 CIVIL TERM VERSUS CHAD K. BUSER, Defendant DECREE IN DIVORCE AND NOW, Oc.h. ~ RACHEL BUSER 2..'/ 2006 , IT IS ORDERED AND DECREED THAT , PLAI NTI FF, CHAD K. BUSER , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; None. --/ au;) Am ~ PROTHONOTARY ++~~ +~~ J. ~F ~~~ 96?'1e.(j/ ~p -? ~-~i/ -~ ?t? '?e. (7/ , '41 .~'..') ^ . .. . j' NOV 0 2 2006 t..\ RACHEL BUSER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-1497 CIVIL ACTION LAW CHAD K. BUSER Defendant IN CUSTODY ORDER OF COURT AND NOW, this '3 ~ day of NG ~ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Order shall become effective upon the Mother's relocation to Atlanta, Georgia. Pending the Mother's anticipated move, the parties shall continue to follow their existing custodial schedule. 2. The parties shall share having physical custody of Anna E. Buser, born January 14, 2000. 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. Pursuant to the terms ofthis paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. The Father shall ensure that the Mother receives all significant records and documents concerning the Child's education, which are not provided directly to the Mother by the school, including but not limited to report cards and progress reports. 3. The Father shall have primary physical custody of the Child. 4. During the school year, in months when the Mother does not have a holiday period of custody, the Mother shall have partial physical custody of the Child for a weekend to be selected by the Mother with at least 30 days notice to the Father. The Mother may select extended weekends under this provision when the Child does not have school on the Friday or Monday immediately preceding or following the weekend. The Mother may not schedule periods of custody under this provision which coincide with the Father's holiday periods of custody as set forth in this Order. In the event that the Mother provides at least 14 days advance notice of her intent to travel to Pennsylvania during additional times, not otherwise specified for the Father under this Order, the parties shall cooperate in scheduling time for the Mother with the Child. 5. During the summer school break, the Father shall have custody of the Child from the end of the school year through Father's Day, the Mother shall have custody from the Monday after Father's Day until seven days prior to the beginning of the school year, when the Child shall return to the ll/!\'bn[, ("i. ,_ V} Ir/~', .Ji "\.'i\!N-1d / \ii// i"" 1,-7':~7:;:1.f"l" ,,{~: 'V ~ I: II IIV f~ AON 9002 ,'I:/'ttjr,. 'i " 'i ."" , . --:';;:;;-;1j.l,,'i>,f 91-/1 ::f0 .J'ji:t''O'O:17u . -.J ",,} Father's custody for the school year. The Father shall have a seven day period of custody with the Child in mid-summer upon providing at least 30 days advance notice to the Mother. 6. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from the first day of the holiday school break through the one-half point of the break, and Segment B, which shall run from half-way through the holiday school break through the day before school resumes. In even numbered year, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. In the event the custodial parent is unavailable to provide care for the Child during his or her period of holiday custody, that parent shall offer the other parent the opportunity to have custody of the Child during the custodial parent's unavailability. B. Thanksgiving: In even numbered years, the Mother shall have custody of the Child for the entire holiday school break. In odd numbered years, the Father shall have custody through Thanksgiving Day and the Mother shall have custody from the Friday after Thanksgiving through Monday. C. Easter: In odd numbered years, the Mother shall have custody of the Child for the entire holiday school break. In even numbered years, the Father shall have custody from Easter Sunday through Monday. The Mother shall be entitled to have custody on the school holiday days preceding Easter Sunday. D. Memorial Day/Labor Day: The Mother shall have custody of the Child every year over the Memorial Day weekend and the Father shall have custody over the Labor Day weekend. E. Independence Day: The Father shall have the option of including the Independence Day holiday in his seven day mid-summer period of custody in odd numbered years. Tthe Mother shall have custody of the Child for the Independence Day holiday in even numbered years. F. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for the Mother's Day weekend and the Father shall have custody for the Father's Day weekend. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Except in exigent circumstances, the Mother's daily telephone calls to the Child shall be made at 8:30 p.m. The Father shall cooperate in ensuring that the Child is available at that time or in making other arrangements for the Child to speak with the Mother when the Mother is available. 8. The Mother shall not make arrangements for the Child to be transported to Atlanta more frequently than one time per month. 9. The Mother shall be responsible to pay the Child's travel costs for exchanges of custody with the exception of the Father's mid-summer period of custody, for which the Father shall pay the costs of transportation. 10. The parties agree that the Child shall not travel by airline unaccompanied by a parent, or other responsible adult if agreed between the parties. 11. The Mother shall provide advance notice to the Father of the contact information for any caregivers providing care for the Child in Atlanta. 12. 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. BY THE COURT, J. cc:~ Radcliff, Esquire - Counsel for Father ~stopher T. Smull, Esquire - Counsel for Mother .s<<: RACHEL BUSER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-1497 CIVIL ACTION LAW CHAD BUSER Defendant IN CUSTODY Prior Judge: Kevin A. Hess 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 t he subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anna E. Buser January 14, 2000 Mother/ Father 2. A Custody Conciliation Conference was held on October 26, 2006, with the following individuals in attendance: The Mother, Rachel Buser, with her counsel, Kristopher T. Smull, and the Father, Chad K. Buser, with his counsel, Diane G. Radcliff. 3. The Mother filed this Petition for Relocation. The parties agreed to entry of an Order in the form as attached. Date () e:J.a I.wt ..:L~. :J.r'nV I Da~& Custody Conciliator