HomeMy WebLinkAbout01-03755
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AMBER J. SHUEY,
Petitioner
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
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STEVEN J. WARREN, IC\:
Respondent rl ft;
NO. 2001-3755
CIVIL ACTION - CUSTODY
ORDER & RULE
ANDNOW,this ;r1aYOf O~
, 2004, upon consideration of the within
application for special relief and on motion of Jerry A. Philpott, Esquire, attorney for petitioner,
the following relief is hereby immediately ordered, pending a hearing on the.;1~""^ day of_
~ ,2004, at 1(),'O$clocJJ!.m., prevailing time, in Court Room ~ of the Cumberland
County Courthouse:
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AMBER J. SHUEY,
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
vs.
NO. 2001-3755
STEVEN J. WARREN,
Respondent
CIVIL ACTION - CUSTODY
PETITION FOR SPECIAL RELIEF
PURSUANT TO RULE 1915.13
To The Honorable, the Judges of the Said Court:
Petitioner, Amber J, Shuey, by her attorney, Jerry A. Philpott, Esquire, files this petition
pursuantto Rule 1915.13 of the Rules of Civil Procedure and respectfully represents the following:
1. Petitioner is Amber J. Shuey, who resides at 180 Hunkey Hollow Road, Duncannon,
PA 17020.
2, Respondent is Steven J, Warren, who resides at 420 Ross Avenue, New Cumberland,
PA 17070.
3. A custody matter is pending at the above docket number. Under the existing
agreement, Matthew lives with his mom, petitioner, and visits his dad, respondent, every other
weekend.
4. Matthew is under psychiatric care and has had psychotropic medications prescribed.
Therapists and school counselors have advised that he has substantial emotional and learning
disabilities. His father does not believe he should be taking psychotropic medications, For
example, when the pharmacy accidentally mailed the medications to father, he refused to even give
them to mother, who had to order a duplicate prescription.
5, Attached hereto as Exhibit A is a note from one of Matthew's therapists at the
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Stevens Center to the effect that Matthew not taking his medications on a regular basis is a
hindrance to Matthew's mental health.
WHEREFORE, your petitioner respectfully prays that this Honorable Court for an order
terminating father's alternate weekend partial custody unless father will ensure that Matthew takes
his medications when he visits his father. In addition, after hearing, or - if the matter is submitted
for conciliation - petitioner will seek an order that respondent participate in family counseling with
Northwestern Human Services at Steven's Center, which will cost the respondent nothing.
Dated: October 22, 2004
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Oc~ 20 04 07:55p DOUGLAS A SHUEY
t~T-2~-26Q~ e6:~e PM RAY~OHDwL.HOFFMAH
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1lll1l writing Ibis lelter~~th reguds to Mr. Matthew Warren. I am pArt oftbe
fam!!y based menl8lliealth ~ces t~ who is wmiting with him and his family, We
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have been wOlting wifh him !ince October 6, 2004.
IMatthew lives with his'mother, step-titther, :and step-brQther, He goes 10 his
fAther'. home spproo:imately two lime. per month. it ha$ be1lO\ brought \0 my lllWntion
!hat when he i. It hi, filth",.' s horne,. he does net take his psychotropic: medications all
p"""cn'bed by the doctor, This i. becauSe Mati's father believes he does net need them.
[n the mort time I have been working with Matt. it """"". 10 me AS ifMau
functions better when he takes his medications, Matt !wi also stated mat he feels better
when lie tal<es them.
Matthew's mod1er i. CllITentiy reviewing issues ofwbat happens when Man is at
h.. father', home :and whether they help or hinder hi! mental health. It i. my opinion !hat
Matt not taking his mcdicatiOllS on .. regular ba.'Ii. it " hindrance to his mental health,
Sincerely,
Trend A Harman
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Trend Harmon
r~ORTHWESTERN HUI.IV\N SERVICES
~:.! EVEr--J '5 CENTER
1:,~!~\II.Y_8~SED SERVICES
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CARLISLE, PA 170; 3
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I verifY that the statements made in this Petition for Special Relief 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,
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STEPHEN J, WARREN
; IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
AMBERJ, SHUEY
: NO. 2001-3755 CIVIL TERM
CUSTODY - CIVIL ACTION
STIPULATION AND ORDER OF COURT
AND NOW, this 16TH day of JULY, 2001, counsel are present today to enter the
following stipulation and order of court, natural mother Amber Shuey will have primary
physical custody of Matthew and Tiffany Warren and natural father will have periods of
temporary physical custody on alternating weekends from Friday at 7:00 p.m. until
Sunday at 7:00 p,m. The first period commencing Friday, July 20,2001.
This is a temporary order until the Custody Conciliation Hearing scheduled for
Wednesday, August 1,2001, at 10:30 a,m. before the conciliator, Jacqueline M. Verney,
Esquire,
By the Court,
Thomas S, Diehl, Esquire
For the Petitioner
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dE. Guido, lS
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Jerry A. Philpott, Esquire
For the Respondent
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MISLlTSKY
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DIEHL
JUL 9 - 2001
JilL Q - ?nDL
ONE WEST HIGH STREET
SUITE 2.08
P. O. Box 12.90
CARLISLE, PENNSYLVANIA t 7013
(717) 240-0833
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THOMAS S. DIEHL
RICHARD p, MISLITSKV*
KIMBERLY L. HOUGH
LEGAL ASSISTANT
14 NqRTH MAIN STREET
SUITE 550
CHAMBERSBURG, PENNSYLVANIA 172.01
(717) 261-0208
KATHIE J. DIEHL
LEGAL SECRETARY
(717) 2.40-0893 - FACSIMILE
REPLY TO: CARLISLE
FILE No. 01173
July 6, 2001
VIA FACSIMILE (717) 834-5437 & FIRST-CLASS MAIL
Jerry A, Philpott, Esquire
227 North High Street
P.O, Box i 16
Duncannon, P A 17020
RE: Warren v. Shuey
No. 2001-3755 IIll Custody
Dear Attorney Philpott:
Please find enclosed a copy of the Order of Court scheduling the above parties for a
hearing before the Honorable Judge Guido on Monday, July 16,2001 at 10:00 a.m.
Pursuant to our telephone conversation earlier today, it is my understanding that you have
received a copy of the Petition for Special Relief and Complaint for Custody from your client,
Amber Shuey, and are accepting service of the within Order on her behalf,
Thank you for your assistance in this matter.
rours,
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Thomas S. Diehl
TSD/klh
Enclosure
cc: Stephen J, Warren
*CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY
A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY
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STEPHEN J. WARREN,
Petitioner
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-3755 CIVIL TERM
AMBER J. SHUEY,
Respondent
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 20th day of June, 2001, it
appearing to the Court that Petitioner was unable to effectuate
service, the hearing on the attached petition for Special Relief
is rescheduled for July 16, 2001, at 10:00 a.m. Petitioner is
directed to serve a copy of this order and the petition upon
Respondent at least 10 days prior to the date of the scheduled
hearing.
By the Court,
Edward E. Guido, J.
Thomas S, Diehl, Esquire
Attorney for petitioner
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STEPHEN J. WARREN,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001-3755 CIVIL TERM
AMBER J. SHUEY,
Respondent
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 20th day of June, 2001, it
appearing to the Court that Petitioner was unable to effectuate
service, the hearing on the attached Petition for Special Relief
is rescheduled for July 16, 2001, at 10:00 a.m. Petitioner is
directed to serve a copy of this order and the petition upon
Respondent at least 10 days prior to the date of the scheduled
hearing.
By the Court,
Edward E. Guido, J.
Thomas S. Diehl, Esquire
Attorney for Petitioner
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STEPHEN J, WARREN
PLAINTIFF
V.
AMBER J. SHUEY
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
01-3755 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, June 20, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 18, 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 schednled hearing.
FOR THE COURT,
By: Isl
Jacqueline M, Vern0" Esq.tt)
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 ATIORNEY AT ONCE, IF YOU DO NOT
HAVE AN ATIORNEY 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
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STEPHEN J. WARREN
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO,2001-37:i'S CIVILTERM
AMBER J. SHUEY,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this day of , 2001 upon consideration of the
attached Petition it is hereby directed that the parties and their respective counsel appear before
Esquire, the conciliator, at
, Pennsylvania, on the day of
, 2001, at o'clock _,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 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
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STEPHEN 1. WARREN
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001- 37).~{ CIVIL TERM
AMBER J. SHUEY,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
COMPLAINT FOR CUSTODY
I, Plaintiff is Stephen J , Warren, an adult individual currently residing at 315 Shed
Road, Newville, Cumberland County, Pennsylvania 17241.
2, Defendant is Amber 1. Shuey, an adult individual currently residing at 180 Hunky
Hollow Road, Dnncannon, Perry County, Pennsylvania 17020,
3, The Plaintiff is the Father of the child, Matthew Allen Warren, born July 19,
1989,
4. The child was born in wedlock.
5, For the past five years, the child has resided with the following persons at the
following addresses for the following lengths of time:
NAME
Stephen Warren
A DDRFSS
315 Shed Road
Newville, P A
D A TFS
February 2001 to
present
Stephen Warren
New Cumberland, P A
1999 to
February 2001
Etters, P A
1998 to
1999
Stephen Warren
6, The natural Mother of the child is the Defendant, who resides as foresaid. She is
married.
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7. The Father of the child is the Plaintiff, who resides as foresaid. He is single.
8. The relationship of the Plaintiff to the child is that of Father. The Plaintiff
currently resides with his fiance and the child,
9. The relationship of the Defendant to the child is that of natural Mother. The
Defendant currently resides with her husband,
10. The Plaintiff has no information of a custody proceeding concerning the child
pending in any Court of this Commonwealth.
II. The best interest and permanent welfare of the child will be best served by granting
the relief requested as tbe Plaintiff is better suited to provide a stable environment to foster the
child's well being.
12, The Plaintiff does not know of any person not a party to the proceedings who
claims to have custody or visitation rights with respect to the child.
WHEREFORE, the Plaintiff, Stepben J. Warren, respectfully requests this Honorable
Court to enter an Order scheduling the Par1ies for a Custody Conciliation.
Respectfully submitted,
Date:
ra-tfJ-[)(
omas S, Diehl, E quire
Attorney for the Plaintiff
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
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VERIFICATION
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. S 4904, relating to
unsworn falsification to authorities,
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STEPHEN J, WARREN
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
AMBER J, SHUEY
: NO. 2001-3755 CIVIL TERM
CUSTODY - CIVIL ACTION
STIPULATION AND ORDER OF COURT
AND NOW, this 16TH day of JULY, 2001, counsel are present today to enter the
following stipulation and order of court, natural mother Amber Shuey will have primary
physical custody of Matthew and Tiffany Warren and natural father will have periods of
temporary physical custody on alternating weekends from Friday at 7:00 p,m, until
Sunday at 7:00 p,m, The first period commencing Friday, July 20,2001.
This is a temporary order until the Custody Conciliation Hearing scheduled for
Wednesday, August 1,2001, at 10:30 a.m, before the conciliator, Jacqueline M, Verney,
Esquire,
By the Court,
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Thomas S. Diehl, Esquire
For the Petitioner
Jerry A. Philpott, Esquire
For the Respondent
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STEPHEN J. WARREN
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 2001- J'7s-S-CIVIL TERM
AMBER J, SHUEY,
Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this 19.,nday of Uti ~E...
, 2001 upon review of the attached
Petition for Special Relief, this Court sets a hearing in this matter for
~ ~ day of V-:"'lI.tl.. , 2001, at ;...: (} () o'clock
w~. ,the
J:l .m" in Courtroom
Number 6" of the Cumberland County Courthouse, Carlisle, Pennsylvania,
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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 HELP. ." \
THE CUMBERLAND COUNTY BAR ASSOCIATION ;X~
2 LIBERTY AVENUE *
CARLISLE,PA 17013 A\;Y> ~ ~
(717)249-3166 to\" .l 0\
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STEPHEN J. WARREN
Petitioner
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 2001- ..s'7.s-S-CIVIL TERM
AMBER 1. SHUEY,
Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
PETITION FOR SPECIAL RELIEF
1. Petitioner is Stephen J, Warren, an adult individual currently residing at 315 Shed
Road, Newville, Cumberland County, Pennsylvania 17241,
2. Respondent is Amber 1. Shuey, an adult individual currently residing at 180
Hunky Hollow Road, Duncannon, Perry County, Pennsylvania 17020,
3. Petitioner incorporates the pleadings a set forth in his Complaint for Custody,
which is attached hereto and referenced as Petitioner's Exhibit 'A',
4. Said attached Complaint for Custody was filed contemporaneously with this
Petition.
5, There is no existing Custody Order between the parties,
6, Petitioner believes that the absence of a temporary order is contrary to the best
interest of the childfor the following reasons:
(a) The parties of this action were separated and divorce in 1996;
(b) The parties' child, Matthew Allen Warren, age eleven, has resided
primarily with Petitioner since the parties' divorce;
(c) On June 12,2001, Respondent advised Petitioner that she was not going to
return child to Petitioner.
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(d) Respondent stated that her reason for not returning the child was that the
child no longer desires to reside with Petitioner.
(e) The child at issue is aged eleven and is currently enrolled in Learning
Support classes at school as his comprehension is at a fourth-grade level.
(f) Respondent's refusal to return the child directly followed a Domestic
Relations Conference held on May 17, 200 I, in which Petitioner sought
and received an Order for child support.
WHEREFORE, the Petitioner, Stephen J. Warren, respectfully requests this Honorable
Court set an emergency hearing so as to set the parties' herein in regard to custody of the parties'
child, Matthew Allen Warren,
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bmitted,
Date:
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1ll0mas S. Diehl, Esquire
Attorney for the Petitioner
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
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VERIFICATION
I verifY that the statements made in this Petition 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,
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EXHIBIT A
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STEPHEN J. WARREN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-
CIVIL TERM
AMBER J. SHUEY,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Stephen J, Warren, an adult individual currently residing at 315 Shed
Road, Newville, Cumberland County, Pennsylvania 17241.
2. Defendant is Amber 1. Shuey, an adult individual currently residing at 180 Hunky
Hollow Road, Duncannon, Perry County, Pennsylvania 17020,
3, The Plaintiff is the Father of the child, Matthew Allen Warren, born July 19,
1989,
4. The child was born in wedlock,
5, For the past five years, the child has resided with the following persons at the
following addresses for the following lengths of time:
NAMF ADDRFSS DA TFS
Stephen Warren 315 Shed Road February 2001 to
Newville, PA present
Stephen Warren 1999 to
New Cumberland, P A February 2001
Stephen Warren 1998 to
Etters, P A 1999
6. The natural Mother of the child is the Defendant, who resides as foresaid. She is
married,
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7. The Father of the child is the Plaintiff, who resides as foresaid. He is single.
8. The relationship of the Plaintiff to the child is that of Father. The Plaintiff
currently resides with his fiance and the child.
9, The relationship of the Defendant to the child is that of natural Mother. The
Defendant currently resides with her husband.
10. The Plaintiff has no information of a custody proceeding concerning the child
pending in any Court of this Commonwealth,
11. The best interest and permanent welfare of the child will be best served by granting
the relief requested as the Plaintiff is better suited to provide a stable environment to foster the
child's well being,
12, The Plaintiff does not know of any person not a party to the proceedings who
claims to have custody or visitation rights with respect to the child,
WHEREFORE, the Plaintiff, Stephen J, Warren, respectfully requests this Honorable
Cour1 to enter an Order scheduling the Parties for a Custody Conciliation.
Respectfully submitted,
Date:
ro~tB-"-6(
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'Trlomas S, Diehl, E quire
Attorney for the Plaintiff
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
STEPHEN J. WARREN
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 2001- J'7.>S-CIVIL TERM
AMBER J. SHUEY,
Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this J9~day of.~L
, 2001 upon review of the attached
Petition for Special Relief, this Court sets a hearing in this matter for
J. (JIA day of ~/\lL ,2001, at ;':00 o'clock
wt-eL. ,the
,.tJ .m., in Courtroom
Number;' of the Cumberland County Courthouse, Carlisle, Pennsylvania.
-
EdtAl~rz.A. E: CuI tld 1.
. /
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 HELP.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLISLE, P A 17013
(717) 249-3166
1-800-990-9108
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AUG 0 2 2001 rfJ
STEPHEN J. WARREN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLV ANIA
: NO.2001-3755 CIVIL TERM
V.
AMBERJ. SHUEY,
Defendant
: CIVIL ACTION . LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this 1 i tl day of A v.J ~ c;,., + ,2001, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Father, Stephen J. Warren, and the Mother, Amber J, Shuey, shall
have shared legal custody of Tiffany Warren, born February 12, 1986 and Matthew Allen
Warren, born July 19, 1989. Each parent shall have an equal right, to be exercised jointly
with the other parent, to make all major non-emergency decisions affecting the
Children's general well-being including, but not limited to, all decisions regarding their
health, education and religion.
2, The Mother shall have primary physical custody of Tiffany.
3, The parties agree that Tiffany shall remain enrolled at The Hershey School
unless otherwise agreed by the parties,
4. During the summer vacation from school, the parties shall have physical
custody of Tiffany on alternating weekends from Friday at 7 :00 p.m, to Sunday at 7 :00
p.m., consistent with the regulations and schedule of The Hershey School. These
weekends shall be coordinated with the alternating weekend schedule for Matthew such
that the children shall spend the weekend in the same household.
5. During the school year, each parent shall have custody of Tiffany one day
each weekend, at times consistent with the regulations and schedule of The Hershey
School.
6. Mother shall have primary physical custody of Matthew until August 17,
2001, Father shall have partial physical custody of Matthew the weekend of August 4,
2001 from Friday at 7:00 p,m. to Sunday at 7:00 p.m.
7, Beginning August 17,2001 and continuing thereafter, Father shall have
primary physical custody of Matthew in order for Matthew to attend school. While
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Father has primary physical custody, Mother shall have partial physical custody of
Matthew on alternating weekends from Friday at 7:00 p,m. to Sunday at 7:00 p.m, with
the first weekend being August 24, 2001.
8. The parties shall share transportation unless otherwise agreed.
9. The parties shall keep each other advised immediately relative to any
medical care or medical emergencies concerning the children and shall further take any
necessary steps to ensure that the health and well being of the children is protected.
During such illness or medical emergency, both parents shall have the right to visit the
child as often as helshe desires consistent with the proper medical care ofthe child.
10, Neither parent shall do or say anything nor let anyone in the children's
presence to say or do any1hing that may estrange the children from the other parent,
injure the opinion of the children as to the other parent or hamper the free and natural
development of the children's love and respect for the other parent.
11. Both parents shall have liberal and reasonable telephone contact with the
children when the children are in the custody of the other parent.
12. Both parties and those members of their households who the custody
evaluator deems relevant, shall submit to a custody evaluation by an evaluator agreed to
by the parties, The parties shall share in the costs of the evaluation, although Mother
agrees to pay the costs with Father reimbursing her.
13. This Order is entered pursuant to an agreement ofthe 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,
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cc: Thomas S, Diehl, Esquire, Counsel for Fat er
Jerry Philpott, Esquire, Counsel for Mother
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AUG 0 2 2001 to
STEPHEN J. WARREN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLV ANIA
V.
: 2001-3755 CIVIL TERM
AMBER J. SHUEY,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: Edward E. Guido
CUSTODY CONCILIATION SUMMARY REPORT
.IN'.';'<;:CPRJ)MW.EWIl'IICUl\fIlERI,AND COUNTY RULE OF CIVIL
PR<JCEDlJIU: 1915j:8;the';ll;,dersi~~dCusiody Conciliator submits the f~llowing
report:
1, The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Tiffany Warren
Matthew Allen Warren
February 12,1986
July 19, 1989
Mother
Mother
2, A Conciliation Conference was held in this matter on August I, 2001, with
the following individuals in attendance: The Father, Stephen J. Warren, with his counsel,
Thomas S, DieW, Esquire, and the Mother, Amber J, Shuey, with her counsel, Jerry
Philpott, Esquire.
3. The parties agreed to entry of an Order in the form as attached,
8-/-0/
Date
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ac eline M. Verney, Esquire
Custody Conciliator
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STEVEN J. WARREN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
01-3755 CIVIL ACTION LAW
AMBER 1. SHUEY
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, November 04, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberlaud County Courthouse, Carlisle on Thursday, December 02, 2004 at 9:30 AM
for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference, Failure to appear at the conference may
provide grounds for enhy 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 honrs prior to scheduled hearinl!.
FOR THE COURT.
By: Isl
facqueline M. Verney, Esq.
Custody Conciliator
mho
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 TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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AMBER J. SHUEY, . . I 1\,..1.-t
Petitioner IQI:)I" I:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
NO. 2001-3755
STEVEN J. WARREN, ( t:\ I liJ<'
Respondent ,-VI.;
CIVIL ACTION - CUSTODY
NOTICE AND ORDER OF COURT
You, Steven J. Warren, have been sued in court to obtain custody, partial custody or
visitation ofthe child, Matthew. You are ordered to appear in person at
, on , 20_, at .m" for
[] a conciliation or mediation conference.
[] a pretrial conference.
[] a hearing before the court.
If you fail to appear as provided by this order, an order for custody, partial custody or
visitation may be entered against you or the court may issue a warrant for your arrest.
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.
Lawyers' Referral Service
100 South Street
P. O. Box 186
Harrisburg, PA 17108
800-692-7375
or
Mid Penn Legal Services
213A N. Front St.
Harrisburg, P A 17101
1-800-932-0356
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AMBER J. SHUEY,
Petitioller
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
vs.
NO. 2001-3755
STEVEN J. WARREN,
Respondent
CIVIL ACTION - CUSTODY
PETITION TO MODIFY CUSTODY
To the Honorable Judges of said Court:
Petitioner, Amber J. Shuey, by her attorney, Jerry A Philpott, Esquire, files this petition and
respectfully represents the following:
1. Petitioner is Amber J. Shuey, who resides at 180 Hunkey Hollow Road, Duncannon,
PA 17020.
2. Respondent is Steven J . Warren, who resides at 420 Ross Avenue, New Cumberland,
PA 17070.
3. On August 24, 2001, the Honorable J. Wesley Oler entered a custody order after a
conciliation conference, a copy of which is attached as Exhibit A, splitting the custody of the two
children as between the parents. Subsequently, pursuant to Paragraph 13 of the order, the parties
entered into a written agreement after a custody evaluation that petitioner would have primary
physical custody of both children, See Exhibit B. It does not appear that this was ever reduced to
a court order, but the parties have abided by the agreement ever since.
4. Since the entry of Exhibit A and the modification by agreement in Exhibit B, the
following substantial circumstances and facts have changed, giving rise to this petition: Matthew is
under the care of a psychiatrist, who has prescribed medication. When he goes to his father's home
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for partial custody periods, the father tells him he does not need to take his medications. He suffers
adverse effects from being offhis medications during visits with his father. Father has not been
willing to participate in family counseling.
5. As a result of the foregoing, the existing provisions regarding custody are no longer
in the best interest and welfare of the child,
6. The best interests and welfare of the child will be promoted by a modification of the
present visitation schedule for the above reasons.
WHEREFORE, your petitioner respectfully prays that this Honorable Court modify the
visitation schedule as follows: terminate father's partial custody periods unless and until he will
comply with Matthew's medical and psychiatric need for medication and participate in family
counseling intended to copy with Matthew's problems.
Dated: October 22, 2004
AUG /) 2 ZOOt tP
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v.
IN THE COURT OF COIHMON PLEAS OFc .
CUMBERLAND COUNTY,PENNSYLV ANIA '
i;,
AUr, 1 f) 2001 ! I,
: NO. 2001-3755 CIVIL TER1\f . - . 'i'
'U _ L If c~..,..,> i L:=/ '
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i ,)'/<1 ...':;'"
: CIVIL ACTION - LAW L.__, .
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STEPHEN J. WARREN,
Plaintiff
AlVIBERJ. SHUEY,
Defendant
: IN CUSTODY
ORDER OF COU'RI
AND NOW, this....L"I $-_ day of C~J' -,2001, upon
consideration of the attached Custody Conciliat on Report, it is ordered and directed as
follows:
1. The Father, Stephen J. Warren, and the Mother, Amber J. Shuey, shall
have shared legal custody of Tiffany Warren, born February 12. 1986 and Matthew Allen
Warren, born July 19, 1989, Each parent shall have an equal right, to be exercised jointly
with the other parent, to make ail major non-emergency decisions affecting the
Children's general wen.being including, but not limited to, all decisions regarding their
health. education and religion.
..,
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The Mother shall have primary physical custody of Tiffany.
3. The parties agree that Tiffany shall remain enrolled at The Hershey School
unless otherwise agreed by the parties.
4. During the summer vacation from school, the parties shaIl have physical
custody of Tiffany on alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00
p.m., consistent with the regulations and schedule of The Hershey School. These
weekends shall be coordinated with the alternating weekend schedule for Matthew such
that the children shall spend the weekend in the same household.
S. During the school year, each parent shall have custody of Tiffany one day
each weekend, at times consistent with the regulations and schedule of The Hershey
School.
6. lIv'fother shaH have primary physical custody of Matthew until August 17,
2001. Father shall have partial physical custody of Matdlew the weekend of August 4,
2001 from Friday at 7:00 p.m. (0 Sunday at 7:00 p,m.
7. Beginning August 17,2001 and continuing thereafter, Father shall have
primary physical custody of Matthew in order for Matthew to attend school. While
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the fli'st weekend being August24, 2001.
8. The parties shall s~ transportation unless otherwise agreed.
9. The parties shall keep each other advised immediately relative to any
medical care or medical emergencies concerning the children and shall further take any
necessary steps to ensure that the health and well being of the children 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 children's
presence to say or do anything that may estrange the children from the other parent,
injure the opinion of the children as to the other parent or hamper the free and naturltl
development of the children's love and respect for the other parent.
11. Both parents shall have liberal and reasonable telephone contact with the
children when the children are in the custody of the other parent.
12. Both parties and those members of their households who the custody
evaluator deems relevant, shall submit to a custody evaluation by an evaluator agreed to
by the parties. The parties shall share in the costs of the evaluation, although Mother
agrees to pay the costs with Father reimbursing her.
13. 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 tenns of this Order shall control.
BY THE COURT,
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cc: Thomas S. Diehl, Esquire, Counsel for Father
Jerry Philpott, Esquire, Counsel for Mother.
TRUE COpy FROM RECORD
In Te3til11lloywl1sreof. there untflSlrt my hand
and thes~ofsaidCtlUrtatcarliSle, Pa.
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STEVEN J, WARREN,
Plaintiff
IN THE COURT OF COJ\illVION PLEAS
FOR CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2001-3755 CIYIL TERM
A.MBER J. SHUEY.
Defendant
CIVIL ACTION - LAW
IN CUSTODY
CUSTOQY AGREEMENT
COME NOW the above parties to this action, tather arId mother respectively of Tiffany and
1\latthew Warren, the children who are the subjects of this action, and agree as follows:
1 , Th.e Father, Steven J , Warren, and the Mother. Amber J, Shuey, shall have shared legal
c\!.Stody of Tiffany Warren. born February 12, 1986. and Matthe..'I Allen Warren, born July 19, 1989.
Each parent shall have an equal right, to be exercised jointlY'Nith the other parent, to rnake all majornon-
emergency decisions a.fte..:ting the Cnildren's genera! well-being inciuding, but not limited to, all decisions
regarding their health. education, and religion.
,
.c.
The Mother shall have pr'illlary physical ,;ustody of the Children,
3 . Tbe F ather shall have partial physical custody 0 f ivlatthew on at ternating \veekends from
Friday at 7:00 p.m. to Sunday at 7:00 p,m.
4. Tiffanv shall remain enrolled at The Hershey School unlessothervl/lse agreed by the parents,
5. During the summer vacation from school, the parties shall have physical custody ofTiffany
'em aiternatingweekends from Friday at 7:00 p,m. to Sunday at 7:00 p,m.. consistent with the regulations
and schedule of The Hershey Sch00L These weekends shall be coordinated with tlte clternating weekend
schedule for Matthew such that the children shall spend the weekend in the same household.
6, During the school year. each oarent shall have custody of Tiffany one day each weekend,
at times consistent with the regulations and schedule of The Hershey School.
The pacties shall share transportation lmless ()then-vise agreed,
g, The parties shall keep t:ilch other advised Immediately relalJve to any medical care or
medical emergenCIes concerning the chiklren and shall further take a..y necessary steps to ensure that the
health and well being of the children is protected. During such iIlness or medica! emergency, both parents
shall have the right to v1slt the children as often as he/she desires consistent with propermedi
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9. NeitherparentshalI do orsay anything nor let anyone in the children's presence say or do
anything that may estrange' the children from the other parent, injure the opinion of the children as to the
other parent, or hamper the free and natural development of the children's love and respect for the other
parent.
10, Both parents shall have liberal and reasonable telephone contact with the children when
the children are in the custody of the other parent.
The parties ask the Court to enter an order adopting these tenus.
as S. Diehl
Counsel for father
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I verify that the statements made in this Petition to Modify Custody are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 94904
relating to unsworn falsification to authorities,
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DEe Q 9 2004J
STEPHEN J. WARREN,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLV ANIA
V.
: NO. 2001-3755 CIVIL TERM
AMBER J. SHUEY,
Defendant/Petitioner
: CML ACTION - LAW
: IN CUSTODY
ORDER OF COURT
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ANDNOW,this~dayof I~v , ,2004,upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Orders of Court dated August 14,2001 and October 28, 2004
are hereby vacated.
2. The Father, Stephen 1. Warren, and the Mother, Amber J, Shuey, shall
have shared legal custody of Matthew Allen Warren, born July 19, 1989, 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 his health, education and religion.
3.
The Mother shall have primary physical custody of the child.
4,
Father shall enjoy periods of partial physical custody as the parties agree,
5,
and child.
Family counseling shall commence as soon as practicable between Father
6. During periods of partial physical custody, Father shall see to it that the
child takes all prescribed medications.
7. Both parties shall cooperate with the child's psychological and psychiatric
counseling. Both parties shall be entitled to be kept fully informed by the medical care
providers as to the child's treatment and progress,
8. The parties shall e-mail each other every other day regarding the welfare
of the child. The party having primary physical custody of the child shall institute the e-
mail. The other party shall respond. Copies of these e-mails should be retained to be
presented as exhibits in any future custody proceeding.
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9. Father may e-mail the child and Mother shall encourage the child to
respond and communicate with Father,
10. 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.
11. 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.
12. This Order is entered pursuant to an agreement ofthe 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. Another
Conciliation Conference is scheduled for March 10, 2005 at 8:30 a.m,
BY
J.
ccd91Y Philpott, Esquire, Counsel for Mother
vlSteven 1. Warren, pro se
420 Ross Avenue
NewCumberJand, PA 17070
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DEe 0 9 2004
STEPHEN J. WARREN,
PlaintifflRespondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLV ANIA
: 2001-3755 CIVIL TERM
V.
AMBER J. SHUEY,
DefendantlPetitioner
: CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: Edward E. Guido, J.
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
Matthew Allen Warren
July 19, 1989 Mother
2, A Conciliation Conference was held in this matter on December 9, 2004,
with the following individuals in attendance: The Mother, Amber J. Shuey, with her
counsel, Jerry Philpott, Esquire, and the Father, pro se.
3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated August
14,2001 providing for shared legal custody and Father having primary physical custody
of the child, Thereafter pursuant to a recommendation of a custody evaluation and the
agreement of the parties, Mother assumed primary physical custody of the child. Mother
filed a Petition for Emergency Relief which was heard by the Honorable Edward E.
Guido. Judge Guido entered an Order of Court dated October 28, 2004 providing for
shared legal custody, Mother having primary physical custody, and Father having
alternating weekends.
4. The parties agreed to entry of an Order in the form as attached.
~e~y:~/
Custody Conciliator
1;)..-'1 -oi
Date
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AMBER J. SHUEY,
Petitioner
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-3755 CIVIL TERM
STEVEN J. WARREN,
Respondent
IN RE:
CIVIL ACTION - CUSTODY
TEMPORARY CUSTODY ORDER
ORDER OF COURT
AND NOW, this 28th day of October, 2004, we enter
the following Temporary Order that shall remain in effect pending
conciliation and/or further Order of Court:
1. The parties shall have shared legal custody of
their son, Matthew Warren, date of birth July 19, 1989.
Mother shall have primary physical custody of the
child subject to periods of partial physical visitation with the
Father as follows:
A. Every other weekend from Friday at 6:00 p.m.
until Sunday at 6:00 p.m.
B. Such other times as the parties agree.
2. During his periods of partial custody, Father
shall see to it that the child takes all prescribed medications.
3. Both parties are directed to cooperate with the
child's psychological and psychiatric counseling at Northwestern
Human Services and/or with any other medical care provider. Both
parties shall be entitled to be kept fully informed by the
medical care providers as to their son's treatment and progress.
4. The parties shall e-mail each other on a daily
basis regarding the welfare of their son. The party having
primary physical custody of the child shall institute the e-mail.
The other party shall respond. Copies of these e-mails should be
retained to be presented as an exhibit in any future custody
proceeding.
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~rry A. Philpott, Esquire
227 North High Street
P.O. Box 116
Duncannon, PA 17020
For the Petitioner
~even J. Warren
420 Ross Avenue
Floor 2
New Cumberland, PA 17070
Respondent, Pro se
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RECEIVED JUN 2 8 ?nn~~
STEPHEN J. WARREN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-3755 CIVIL TERM
AMBER J. SHUEY,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this 28th day of June, 2005, the Conciliator not being contacted for
more than 90 days following a general continuance, the Conciliator hereby relinquishes
jurisdiction in this matter.
FOR THE COURT,
.ic
y Conciliator
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