HomeMy WebLinkAbout03-2789SHAWN A. MUSSER,
Plaintiff
Ye
RENE J. MUSSER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: 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 action within twenty (20) days
after this Complaint and Notice are served, by entering a written
appearance personally or by attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights
important to you.
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 WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
SHAWN A. MUSSER,
Plaintiff
RENE J. MUSSER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
CUSTODY
NOTICIA
Le han demandado a usted en la corte. Si usted qulere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene viente (20)
dias de plazo al partir de la fecha de la demanda y la notificacion. Usted
debe presentar una apariencia escrita o en persona o por abogado y
archivar en la corte en forma escrita sus defensas o sus objeciones a las
demandas en contra de su persona. Sea avisado que si usted no se
defiende, la corte tomara medidas y puede entrar una orden contra usted
sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en
la peticion de demanda. Usted puede perder dinero o sus propledades o
otros detechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
SHAWN A. MUSSER,
Plaintiff
RENE J. MUSSER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODY
COMPLAINT FOR CUSTODY
AND NOW comes Plaintiff Shawn A Musser, by and through his
attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, who avers the
following:
e
e
Plaintiff Shawn A. Musser (Father) is an adult individual who currently
resides at 568 Lewisberry Read, New Cumberland, York County, PA
17070.
Defendant Rene J. Musser (Mother) is an adult individual who currently
resides at 1551 Bridge Street, New Cumberland, Cumberland County,
PA 17070.
Mother and Father are the natural parents of two minor children:
A.
B.
Tyler J. A. Musser born August 2, 1994 (presently age 8)
Austin D. R. Musser born January 23, 1997 (presently age
6)
With respect to the minor child Tyler J. A. Musser, said child was born
before Father married Mother on April 8, 1995. The minor child Austin
D. R. Musser was born during the parties' marriage and the parties
divorced on November 20, 2001.
For the last five years, the children have resided with the following
persons at the following addresses:
Ce
De
Fall of 1998 - April 2000 - with Mother and Father at 62 S.
Second Street, Mt. Wolf, PA, with Father's parents
The parties shared custody as follows: April 2000
approximately half the time with Mother at the Ramsey
Apartments, Old York Road, New Cumberland, PA, and
approximately 50% of the time with Father at 62 S. Second
Street, Mt. Wolf, PA.
In September 2001, Father moved to 568 Lewisberry Road,
New Cumberland, PA, and children resided approximately
50% of the time with Father at this address and
approximately 50% of the time with Mother at the Ramsey
Apartments, Old York Road, New Cumberland, PA.
In September 2002, Mother moved to 16th and Bridge
Streets, New Cumberland, PA, where she rents an
apartment, and the minor children spent approximately
50% of their time with Mother and approximately 50% of
the time with Father at his address at 568 Lewisberry Road,
New Cumberland, PA, through to the present.
The parties have not participated as a party or witness or in any other
capacity in any other litigation regarding the custody of the children in
Pennsylvania and there are no Court Orders from any other Court or
any other jurisdiction.
Father does not know of any persons not a party to the proceedings
who has physical custody of the minor children or claims to have
custodial or visitation rights with respect to the minor children.
Since the parties separated in February of 2000, the parties have
essentially and for all practical purposes, shared the custody of their
minor children on a 50/50 basis.
The Father has initiated this Custody proceeding as the Mother of the
2
minor children has informed him that she is moving to live with a
boyfriend she has discovered in the State of Wisconsin and she intends
to take their minor children with her.
10. The Mother told Father she is taking their children to Wisconsin and
there is nothing he can do about it. In fact, she gave him a proposed
school schedule for Wisconsin, which is attached hereto and
incorporated herein by reference.
11. The Father believes that this move by the Mother with the minor
children to Wisconsin is imminent as she has stated that she wants to
move right now, she is not working or only working part-time at a
Giant Food Store and she has made statements that she would like to
leave now and she is intending to move before August 2003.
12. There is no Court Order nor is there any written Custody Agreement at
this time but the parties have been sharing custody on approximately
a 50/50 basis by amicable agreement. All of the family to the minor
children on both sides of their parents live in South Central
Pennsylvania.
13. The Father works full-tlme as a prisoner guard officer with the
Lancaster County Prison.
14. The Mother either does not work or works part-time at Giant Food
Store.
15. The Father submits that it is in the best interests and permanent
welfare of the minor children shall be served by granting the parties
shared legal custody of the minor children and by granting Father
primary physical custody of the minor children and NOT having the
children relocate to Wisconsin; but granting Mother some partial
physical custody of the children during the summer in that:
A. Both parties have been the primary caretakers of the
children for the children's entire life.
3
16.
B. The Father can provide a more stable secure family
environment for the children without disruption and
instability which seems to have been a problem for the
Mother since her separation in April 2000 from Father.
C. Father has a girlfriend whom he lives with and has lived
with since September 2001.
D. Father believes and therefore avers that it is in the best
interests for the Father who has been an active primary
physical caretaker of his minor children for their entire
lives to have primary physical custody of the minor children
as Mother intents to relocate to the State of Wisconsin.
E. As Father works a steady full-time job as a prison guard
and as Mother either does not work or only works part-
time, it is in the best interests of the children to have
primary physical custody of the children with Father during
the school year and some partial visitation for the minor
children with Mother during the summer months as she
does not work.
Father submits that there is substantial and compelling reasons exist to
allow the minor children to remain in South Central Pennsylvania with
Father, including but not limited to the following facts:
A. Father has been a primary physical custodian and
caretaker of the minor children throughout their entire
lives, even after separation he has had the children
approximately 50% of the time with Mother having the
children the other 50% of the time.
B. Father has a family relationship established with his
girlfriend of approximately three years.
C. All of the family and relatives for the minor children on
4
both sides of the parents reside in South Central
Pennsylvania. None of the family resides in Wisconsin
where the Mother wishes to relocate to.
It is believed that the Mother found her new boyfriend via
the Internet and does not really know him that well.
As the Father has been an active participant in raising and
care-taking for the minor children, it would be extremely
detrimental and harmful to both the Father and to the
minor children to relocate them away from an active
Father who has been a major participant in their lives
since there births.
There is no benefit to the children in relocating to
Wisconsin with Mother nor is there any benefit in
relocating to Wisconsin outweigh the benefit of residing
and staying with the Father in South Central Pennsylvania.
WHEREFORE, the Plaintiff, the Father, respectfully requests this
Honorable Court to enter an Order granting shared legal custady between
the Plaintiff and the Defendant and granting the Plaintiff, the Father,
primary physical custody of his minor children and granting certain
4
visitation, especially visitation over a portion of the summer months with the
Defendant, the Mother.
RESPECTFULLY SUBMITTED,
By: ~
355 N. 21'~ St., Ste. 205
Camp Hill, PA 17011
717-761-3459
Attorneys for Plaintiff
5
VERIFICATION
i, Shawn A. Musser, verify that the statements in the foregoing Complaint
in Custody are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to penalties
of 18 Pa. C.S. * 4904 relating to unsworn falsification to authorities.
SHAWN A. MUSSER, Plaintiff
Date:
SHAWN A. MUSSER,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
Defendant/Respondent: CUSTODY
RENE J. MUSSER,
EX-PARTE EMERGENCY PETITION FOR SPECIAL RELIEF
AND NOW comes Plaintiff Shawn A Muss°r, by and through his
attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, who avers the
following:
e
°
Plaintiff Shawn A. Musser (Father) is an adult individual who currently
resides at 568 Lewisberry Road, New Cumberland, York County, PA
17070.
Defendant Rene J. Musser (Mother) is an adult individual who currently
resides at 16th and Bridge Streets, New Cumberland, Cumberland
County, PA 17070.
Mother and Father are the natural parents of two minor children:
A.
B.
Tyler J. A. Musser born August 2, 1994 (presently age 8)
Austin D. R. Musser born January 23, 1997 (presently age
6)
With respect to the minor child Tyler J. A. Musser, said child was born
before Father married Mother on April 8, 1995. The minor child Austin
D. R. Musser was born during the parties' marriage and the parties
divorced on November 20, 2001.
The Petitioner has filed a Complaint for Custody, a copy of which is
attached hereto and incorporated herein by reference.
The Father has been advised that the Mother has a boyfriend which he
believes that she found on the Internet in Wisconsin.
7. The Mother advised that she is moving to Wisconsin to be with this new
boyfriend and Father cannot do anything about it.
8. Father has been a very active Father, participating and caring for his
children since their birth.
9. Father has had custody approximately 50% of the time since Father
and Mother separated.
10. The Father believes that it is in the best interests for the children to
remain in Pennsylvania and for him to have primary physical custody
of the children and not to relocate to Wisconsin.
11. The Father believes that this move by the Mother with the minor
children to Wisconsin is imminent.
12. The Mother has stated that she wants to move right now. She is not
working or only working part-time in a Giant Food Store and she has
made statements that she would like to move now and is intending to
move before August 2003.
13. The Father believes that the Mother will move the children out of the
state before he has a chance to litigate custody and will relocate them
to Wisconsin in contradiction to his rights and the best interests of the
children.
WHEREFORE, the Father respects this Honorable Court to give Father
primary physical custody until a temporary Custody Order can be arranged
and Ordered by the Court, an Order denying the Wife to relocate with the
minor children and denying the Mother the right to move the children out of
the state of Pennsylvania until further Court Order..
WHEREFORE, your Petitioner respectfully requests this Honorable Court
to Order as follows:
Grant further temporary physical custody of the two minor
children: Tyler J. A. Musser and Austin D. R. Muss.r, until further
Court Order.
Prohibit Mather from relocating the said minor children until
further Court Order.
Prohibit Mother from transporting the said minor children across
the state line until further Court Order.
Date:
RESPECTFULLY SUBMITTED,
Atty. I. D. No. 34832
355 N. 21~, St., St.. 205
Camp Hill, PA 17011
717-761-3459
Attorneys for Plaintiff
VERIFICATION
I, Shawn A. Musser, verify that the statements in the foregoing Petition
are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to penalties of 18 Pa.
C.S. * 4904 relating to unsworn falsification to authorities.
SHAWN A. MUSSER, Plaintiff
Date:
SHAWN A. MUSSER,
Plaintiff/Petitioner
RENE J. MUSSER,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: HO. O3
Vo :
:
: CIVIL ACTION - LAW
Defendant/Respondent: CUSTODY
ORDER OF COURT
AND NOW, this ~ (c~ day of -~ c~ '~ , 2003, upon Ex-Parte
Emergency Petition for Special Relief in the above-captioned custody action,
it is hereby ordered as follows:
Mother Rene J. Musser is prohibited from relocatJng the said
minor children above named unhl"' further Court Order; a~d~
/
SHAWN A. MUSSER,
Plaintiff/Respondent
V.
RENE J. MUSSER,
Defendant/Petitioner
: iN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 03 - 2789
:
: CIVIL ACTION
: IN LAW - CUSTODY
EX-PARTE PETITION FOR EMERGENCY REI,IEI~
AND NOW, comes RENE J. MUSSER, the Petitioner, by and through her
attorney, William L. Grubb, Esquire, and files the following Ex-Parte Petition for
Emergency Relief, pursuant to Pa. R.C.P. 1915.13, and averring as follows:
1. That Petitioner, RENE J. MUSSER, (Mother) is an adult individual with a
residence of 1551 Bridge Street, New Cumberland, Cumberland County, Pennsylvania,
17070.
2. The Respondent, SHAWN A. MUSSER, (Father) is an adult individual
who presently resides at 568 Lewisberry Road, Fairview Township, York County,
Pennsylvania.
3. The parties hereto are the natural parents of the following minor children;
TYLER J. A. MUSSER, age 8, bom August 2, 1994.
AUSTIN D.R. MUSSER, age 6, born January 23, 1997.
4. Plaintiff/Respondent has filed a Complaint For Custody to the above
caption and number on June 13, 2003. Defendant/Petitioner has not been served with a
copy of the Complaint as of this time.
5. A time and date for the Custody Conference has been scheduled for
Tuesday, July 15, 2003, at 10:30 a.m., in the office of Attorney Melissa Greevy, however
the Order setting the day and time has not been signed by this Court.
6. The Plaintiff Father has also filed an EX-PARTE EMERGENCY
PETITION FOR SPECIAL RELIEF with this court on June 13, 2003, contemporaneously
with the filing of the Complaint in Custody. A copy of the Plaintiff Father's Emergency
Petition is attached as Exhibit "A".
7. In the Father's Petition for Emergency Relief, Father makes certain claims
and assertions that the Mother is about to remove the minor children from the
Commonwealth "before he has a chance to litigate custody".
The Father requested an Order as follows:
a) Grant him temporary physical custody of the minor children.
b) Prohibit Mother fi.om relocating the children.
c) Prohibit Mother from removing the children from the Commonwealth.
9. Attorney for Father submitted a proposed order to the Court. On June 16,
2003, this Court denied two (2) of the specific reliefs requested by the Father, and granted
one (1) relief that had been requested. The Order prohibited Mother from relocating the
children. The Court refused to grant temporary physical custody to Father. A copy of the
order is attached as Exhibit "B".
10. By prior mutual agreement between Father and Mother, Father has custody
every week on Tuesday and Wednesday, his usual days off of work, and periodic
weekends during each month.
11. Father took custody of the children two (2) days prior to the filing of the
Custody Complaint and the filing of his Petition for Emergency Relief.
12. Father took custody of the children on Tuesday, June 10, 2003, after their
school was dismissed for the year. By mutual agreement between the parents, Father was
to have custody from that day through Father's Day weekend and return the children the
following Wednesday, June 18, 2003. This was in conformity with past practice.
13. On Wednesday, June 18, 2003 Mother was served with the Order
prohibiting her from relocating the children.
14. Despite Mother's repeated calls to Father and Father's attorney, Father
refused to return the children to her custody, and continues to do so.
15. Father has maintained the position the he will only return the children to
Mother upon her signing a Custody Agreement as drafted by his Attorney.
16. We believe that father's position subjects Mother to undue suffering and is
an attempt to obtain an Agreement by duress.
17. The Court struck the paragraph #1 on the Father's proposed order, thereby
denying Father temporary physical custody.
18. Father refuses to maintain the custodial status quo regarding the parties
prior mutual agreements.
If Father's actions rise to the contemptuous level is a matter for this Court
19.
to decide.
20.
It is Mother's belief that the intent of the Court in its June 16, 2003 Order
was to maintain the status quo and acted only to prevent the relocation of the children.
21.
children.
22.
Mother works two days each week and is able and available to care for her
Father and his living companion are both employed, and while at work,
they leave the children with a baby-sitter or others.
23. Mother believes that it is in the children's best interest that the status quo
be maintained at least until the Custody Conference and until a full and fair hearing by
this Court.
24.
Father is permitted to refuse to return the children to their Mother until such time as this
Court is able to conduct a full and fair hearing on the matter.
Mother believes that the children will suffer undue harm and distress if the
WHEREFORE, the Petitioner, RENE J. MUSSER, requests Your
Honorable Court to issue an Order maintaining the custodial status quo prior to June 10,
23003, and granting Mother primary physical custody, with Father having periods of
custody each Tuesday and Wednesday and one (1) weekend each month.
WHEREFORE, your Petitioner respectfully requests this Honorable Court
to Order as follows:
1. Father is to immediately return the two children to the custody of
Mother.
2. Grant temporary physical custody of the two children to Mother,
with Father having custody every Tuesday and Wednesday and
one(l) weekend each month.
Respectfully submitted,
William L. Grubb, Esquire
I.D. # 72661
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 763-5580
Attorney for Defendant / Petitioner
VERIFICATION
I, RENE J. MUSSER, verify that the statements made in this document are tree
and correct. I ttnderstand that false statements herein are made subject to penalties of 18
Pa. C.S. § 4904, relating to unsworn falsification to authorities.
Rene J. Musse~[fendant / Petitioner
SNAWN A. MUSSER,
Plaintiff/Petitioner
RENE J. MUSSER,
IN THE COUi~Y OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
Defendant/Respondent: CUSTODY
EX-PARTE EMERGENCY PETITION FOR SPECIAL RELIEF
AND NOW comes Plaintiff 5hawn A Musser, by and through
attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, who ave¢¢the
following:
Plaintiff Shawn A. Musser (Father) is an adult individual who currently
resides at 568 Lewisberry Road, New Cumberland, York County, PA
17070.
Defendant Rene J. Musser (Mother) is an adult individual who currently
resides at 16~h and Bridge Streets, New Cumberland, Cumberland
County, PA 17070.
Mother and Father are the natural parents of two minor children:
A. Tyler J. A. Musser born August 2, 1994 (presently age 8)
B. Austin D. R. Musser born January 23, 1997 (presently age
With respect to the minor child Tyler J. A. Musser, said child was born
before Father married Mother on April 8, 1995. The minor child Austin
D. R. Musser was born during the parties' marriage and the parties
divorced on November 20, 2001.
The Petitioner has filed a Complaint for Custody, a copy of which is
attached hereto and incorporated herein by reference.
The Father has been advised that the Mother has a ~oyfriend which he
believes that she found on the Internet in Wisconsin.
7. Yhe M~ther advised that she iS ~Ovlh'g to ~i~sco-n~lr~ f6 ~e w~lt~ Tnl.~ new
boyfriend and Father cannot do anything about it.
8. Father has been a very active Father, participating and caring for his
children since their birth.
9. Father has had custody approximately 50% of the time since Father
and Mother separated.
10. The Father believes that it is in the best interests for the children to
remain in Pennsylvania and for him to have primary physical custody
of the children and not to relocate to Wisconsin.
11. The Father believes that this move by the Mother with the minor
children to Wisconsin is imminent.
12. The Mother has stated that she wants to move right now. She is not
working or only working part-time in a Giant Food Store and she has
made statements that she would like to move now and Js intending to
move before August 2003.
13. The Father believes that the Mother will move the children out of the
state before he has a chance to litigate custody and will relocate them
to Wisconsin in contradiction to his rights and the best interests of the
children.
WHEREFORE, the Father respects this Honorable Court to give Father
primary physical custody until a temporary Custody Order can be arranged
and Ordered by the Court, an Order denying the Wife to relocate with the
minor children and denying the Mother the right to move the children out of
the state of Pennsylvania until further Court Order.
to Order as follows:
Grant further temporary physical custody of the two minor
children: Tyler J. A. Musser and Austin D. R. Musser, until further
Court Order.
Prohibit Mother from relocating the said minor children until
further Court Order.
Prohibit Mother from transporting the said minor children across
the state line until further Court Order.
Date:
RESPECTFULLY SUBMITTED,
Atty. I. D. No. 34832
355 N. 21st St., Ste. 205
Camp Hill, PA 17011
717-761-3459
Attorneys for Plaintiff
VERIFICATION
I, Shawn A. Musser, verify that the statements in the foregoing Petition
are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to penalties of 18 Pa.
C.S. * 4904 relating to unsworn falsification to authorities.
SHAWN A. MUSSER, Plaintiff
Date:
Plaintiff/Petitioner : CUMBERLAND COUNTY. PENNSYLVANIA
:NO.
V. -'
:
RENE J. MUSSER, : CIVIL ACTION - LAW
Defendant/Respondent: CUSTODY
ORDER OF COURT
AND NOW, this 1 (e day of ~-~ ,2003, upon Ex-Parte
Emergency Petition for Special Relief in the above-captioned custody action,
it is hereby ordered as follows:
1-: ..... . ~,~usser-is-hereby-granted-tempora~yp~yslc=.m -
~usto dy-of-the4wo~q~r-chiidren:-Tyler-3.4~M~r~/
-D~q~-M~nt!! f,_-'the,' ~m~rt Order..' and,
Mother Rene J. Musser is prohibited from relocating the said
minor children above named until further Court Order;~md
.~tet ~ -Rene-~Muss~-is-pr ohil~ted-from-tr~ n~porting-the-eai d
SHAWN A. MUSSER,
Plaintiff/ResPondent
RENE J. MUSSER,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03 - 2789
CIVIL ACTION
1N LAW - CUSTODY
ORDER
AND NOW, this ~ day of ~003, upon consideration of
the herein Ex-Parte Petition For Emergency Relief in the above captioned custody action,
it is hereby Ordered and Decreed as follows:
1. Plaintiff/Respondent Father is to return the two (2) minor children, Tyler
J.A. Musser and Austin D.R. Musser, to the custody of Defendant / Petitioner Mother;
and;
above named children until further order of this Court; and
~3~) Father shall have periods of custody every Tuesd7 .~,45~ffesday
~n~'{'y'weeke~each month, until ~her Order of this Corm. x~,
Mother Rene J. Musser is hereby granted primary physical custody of the
BY THE COLttk-T?.'
~d
SHAWN A. MUSSER :
PLAINTIFF :
:
V.
RENE J. MUSSER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN'IW, PENNSYLVANIA
03-2789 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, June 19, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. _, the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Tuesday, July 15, 2003 at 10:30 AM
for a Pre-Heating 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 10riot to scheduled hearing.
FOR TIlE COURT,
By: /s/ Melissa P. Greevy. 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 TItlS 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
e.~?. ac' -?
ca. .~?
SNELBAKER
BRENNEMAN
SPARE
IN RE: APPOINTMENT OF SCHOOL IN THE COURT OF COMMON PLEAS OF
POLICE OFFICERS FOR SOUTH
CUMBERLAND COUNTY, PENNSYLVANIA
MIDDLETON SCHOOL DISTRICT
NO. 2003- ,~ 7 ~"~ CWIL TERM
AND NOW, this ~ _ day of~*~' · _, 2003, upon consideration of the
foregoing application and on the motion of Snelbaker, Brenneman & Spare, P.C., Attomeys for
the South Middleton School District, the request of the foregoing application is granted and the
following persons are hereby appointed School Police Officers for the South Middleton School
District for the year ending June 30, 2004, said persons being subject to the powers, duties and
requirements of the Public School Code of 1949, as amended, Section 778 (24 P.S. %778) upon
compliance with the other requirements of the aforesaid Act:
Michael D. Geib, 11 Trine Avenue, Mt. Holly Springs, 17065
Edward Griffith, 1495 York Road, Carlisle, PA 17013
William Hedrick, 3 Forge Road, Boiling Springs, PA 17007
Terry Hockley, 310 Bonnybrook Road, Carlisle, PA 17013
Dianna L. Hoerner, 614 Woodland Avenue, Mt. Holly Springs, PA 17065
James Hoerner, 614 Woodland Avenue, Mt. Holly Springs, PA 17065
Robert Johnson, 341 Bonnybrook Road, Carlisle, PA 17013
Ron Mell, 397 Peters Drive Road, Carlisle, PA 17013
Leroy Quigley, 410 Walnut Street, Boiling Springs, PA 17007
Raymond Ritter, 11 Emerald Circle, Carlisle, PA 17013
Brian Ronan, 142 East Old York Road, Carlisle, PA 17013
Cyrus Russell, 501 North Walnut Street, Mt. Holly Springs, PA 17065
Jason Russell, P.O. Box 53, Mt. Holly Springs, PA 17065
A1 Shields, 8 Emerald Circle, Carlisle, PA 17013
Corby Sloan, 618 West Pine Street, Mt. Holly Springs, PA 17065
James Sloan, 5 Peiper Court, Carlisle, PA 17013
Robert Sloan, 618 West Pine Street, Mt. Holly Springs, PA 17065
Scott Weakland, 825 Hamilton Street, Carlisle, PA 17007
Robert Wertz, 730 Longs Gap Road, Carlisle, PA 17013
Kenneth Zeigler, Jr., 215 Zion Road, Mt. Holly Springs, PA 17065
SPARE
SHERIFF' S RETURN - REGULAR
CASE NO: 2003-02789 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MUSSER SHAWN A
VS
MUSSER RENE J
RONALD HOOVER ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT - CUSTODY
MUSSER RENE J
DEFENDANT
at 1551 BRIDGE
NEW CUMBERLAND,
RENE MUSSER
a true and attested copy of COMPLAINT -
, at 1357:00 HOURS,
STREET
PA 17070
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
on the 26th day of June
by handing to
the
, 2003
CUSTODY
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.73
Affidavit .00
Surcharge 10.00
.00
39.73
Sworn and Subscribed to before
me this ~ day of
~3~ A.D.
So Answers:
R. Thomas Kline
06/30/2003
RUPP & MEIKLE
By:
Deputy Sheriff
SHAWN A. MUSSER,
Plaintiff
RENEJ. MUSSER,
Defendant
JUL ~ 2003
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2789 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
BAYLEY, J.--' INTERIM ORDER OF COURT_,
A,,n NOW this ~'~ day of ~'~ _, 2003, upon c.on..side, ra!ion
m.,-, ' ~ "' -~--. o;-nnd ii is hereby ordered ano olrecteo as
of the attached Custody Concma[~on bumma~y
follows:
~. The parties, Shawn A. Musser and Rene J. Musser, shall
1. legal custody of the minor children, Tyler J.A. Musser, born August 2, 1994 and
have shared
Austin D.R. Musser, born January 23, 1997. 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. Pursuant to the terms of Pa.C.S. §5309, each parent shall
be entitled to all records and information pertaining to the children including, but not limited
to, medical, dental, religious or school records, the residence address of the children and of
the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the
other parent within such reasonable time as to make the records and information of
reasonable use to the other parent. Both parents shall be entitled to full participation in all
educational and .medical/treatment planning meetings and evaluations with regard to the
minor children. Each parent shall be entitled to full and complete information from any
physician, dentist, teacher or authority and copies of any reports given to them as parents
including, but not limited to: medical records, birth certificates, school or educational
records, attendance records or report cards. Additionally, each parent shall be entitled to
receive copies of any notices which come from school with regard to school pictures,
extracurricular activities, children's parties, musical presentations, back-to-school night, and
the like.
2. Physical Custody. The parties shall share physical custody on a two (2) week
alternating basis. During Week One, Father shall have custody from Tuesday at 6:00 p.m.
until Sunday at 8:00 p.m. and Mother shall have custody from Sunday at 8:00 p.m. until
Tuesday at 6:00 p.m. Week One commences July 15, 2003. During Week Two Father
shall have custody from Tuesday at 6:00 p.m. until Thursday at 8:00 p.m. and Mother shall
have custody from Thursday at 8:00 p.m. until the following Tuesday at 6:00 p.m. Week
Two shall commence July 22, 2003.
NO. 03-2789 CIVIL TERM
3. The parties shall submit themselves and their minor children to an
independent custody evaluation to be performed by Dr. Stanley Schneider. Father shall pay
for 60% and Mother shall pay for 40% of the costs of Dr. Schneider's services in performing
the custody evaluation. The par[les shall sign all necessary releases and authorizations for
the evaluator to obtain medical and psychological information pertaining to the parties.
Additionally, the parties shall extend their full cooperation in completing this evaluation in a
timely fashion and in the scheduling of appointments. Within ten (10) days of the receipt of
the custody evaluation report by counsel, counsel shall contact the Conciliator's office to
request a date to reconvene the Conference prior to requesting a hearing.
4. This Order is meant to be interim in nature and may be modified by mutual
agreement of the parties or further Order of Court.
Edgar B. Bay ~, .~
Dist: ~iRi~ard C. Rupp, Esquire, 355 N. 21~t Street, Suite 205, Camp Hill, PA 17011
~2~illiam L. Grubb, Esquire, 3105 Old Gettysburg Road, Camp Hill, PA 17011
SHAWN A. MUSSER,
RENEJ. MUSSER,
Plaintiff
Defendant
JUL 2003
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-2789 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information conceming the children who are the subject of this
litigation is as follows:
NAME.
Tyler J.A. Musser
Austin D.R. Musser
DATE OF BIRTH
August2,1994
Janua~ 23,1997
CURRENTLY IN THE CUSTODY OF
Mother
Mother
2. A Custody Conciliation Conference was held on July 15, 2003 following
Father's June 13, 2003 filing of a Complaint for Custody. Present for the conference were:
the Father, Shawn A. Musser, and his counsel, Richard C. Rupp, Esquire; the Mother, Rene
J. Musser, and her counsel, William L. Grubb, Esquire.
3. The parties reached an interim agreement in the form of an Order as attached.
This Order includes a plan for a custody evaluation and a return to custody conciliation prior
to proceeding to a hearing on Father's Complaint for Custody which seeks to block Mother's
intended move to Wisconsin.
4. Mother's position on custody is as follows: Mother is presently residing in New
Cumberland with a roommate in a rented home. She recently received notice that the
owner of the rental property had passed away and the home would be sold as part of the
estate settlement process. She has been dating her fiancb for two years. Her fiancb, Ryan
Brunner, is employed as an airframe and power plant mechanic for Gulfstream. They are
planning a September 19, 2003 wedding. She intends to relocate to Neenah, Wisconsin.
Following the move, she plans to continue her practice of working on a limited part time
basis during the children's school hours but may not work outside the home at all. Through
counsel, Mother has made a proposal for relocation which would provide Father with the
bulk of the school holiday breaks and the bulk of the summers. She has also offered to pay
for the transportation incident to the custodial exchanges between Wisconsin and
Harrisburg.
NO. 03-2789 CIVIL TERM
5. Father's position on custody is as follows: Father reports that he has been
very actively involved in the children's lives during the period of separation and that he has
had nearly equal parenting time through the various custodial arrangements which the
parents have been able to make without the necessity of a custody hearing, or a custody
conciliation, up to the point of Father's filing. Father suggested that if Mother is not going to
be working, that she have custody during the summer when the children are out of school
and that during the school year Father would have custody in Pennsylvania. Father is
presently employed full time at the Lancaster County Prison as a correctional officer. He
typically works the 8:00 a.m. to 4:00 p.m. shift and has off each Wednesday and Thursday.
Father presently resides in New Cumberland with his girlfriend of two years, Deb Artley.
The parties both acknowledge that they have customarily been able to work with each other
regarding the custodial schedule and making flexible arrangements to provide care for the
children between themselves by trading or rearranging their schedules to accommodate the
need to care for their children.
6. The parties have agreed to participate in a custody evaluation with Dr. Stanley
Schneider and have agreed to a cost sharing ratio. It is anticipated that Dr. Schneider will
meet with the parents, the children, Father's live-in girlfriend and Mother's fiancb as part of
the process of this evaluation. The parties have also,/~ee-~to return to the Conciliator
prior to proceeding to a hearing on this matter.~ // ~/,~.~
Custody Conciliator
:215948