HomeMy WebLinkAbout04-5709
P. Richard Wagner, Esquire
P A Supreme Court ID #23103
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, P A 17110
Telephone (717) 234-7051
Fax (717) 234-7080
Attorney for Plaintiff
BRIAN SCHUE,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
PlaintitT,
v.
: NO: 0,/- 5107
: CNIL ACTION - LAW
MELISSA WEAVER,
: IN CUSTODY
Defendant.
COMPLAINT FOR PRIMARY CUSTODY
AND NOW, comes the Plaintiff, Brian Schue, by and through his attorneys,
Mancke, Wagner & Spreha, and files the following Complaint for Primary Custody:
1. The Plaintiff, Brian Schue, is an adult individual residing at 513 South 4th
Street, Newport, Peny COWlty, Pennsylvania.
2. The Defendant, Melissa Weaver, is an adult individual residing at 11 Louis
Lane, Enola, Cumberland COWlty, Pennsylvania.
3. Plaintiff and Defendant are the natural parents of one child, Kameron Schue,
born May 25, 2002.
4. The child was born out of wedlock.
5. Plaintiff is the natural father of the child; Defendant is the natural mother of the
child.
6. From the birth of the child until approximately the end of 2002, the child
resided with the Plaintiff and Defendant at Cumberland Point, Mechanicsburg,
Cumberland County, Pennsylvania; for a short period in late 2002, the child resided with
the Plaintiff; and from early 2003 until the present, the child has resided with the
Defendant at the address contained in paragraph 2 above, subject to extensive periods of
partial custody with the Plaintiff at the address contained in paragraph 1 above.
7. The Defendant is the natural parent of two other children, Zachary Weaver, and
Aaron Weaver, that are not subject to this particular action.
8. Plaintiff knows of no other party asserting a right to custody or partial custody
of the child.
9. Plaintiff herein has exercised custody of Kameron for over a year of at least
three overnights per week, most recently in the last 6 to 7 months, Thursday night, Friday
night, and Saturday night into Sunday.
-2-
10. Plaintiff believes and therefore avers that it is in the best interests ofKameron
to grant primary physical custody of the child unto the Plaintiff herein, subject to periods
of partial custody in the Defendant.
11. Plaintiff believes and therefore avers that it is in the best interests of the child
to grant shared legal custody in both the Plaintiff and the Defendant.
WHEREFORE, Plaintiff requests this Court to grant his request for primary
physical custody of Kameron Schue.
Respectfully submitted,
Mancke, Wagner & Spreha
.c ard Wagner, Esquire
J.D. #23103
2233 North Front Street
Harrisburg, P A 17110
(717) 234-7051
Attorneys for Plaintiff
Date: /11p'l
-3-
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
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P. Richard Wagner, Esquire
P A Supreme Court ill #23103
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, P A 17110
Telephone (717) 234-7051
Fax (717) 234-7080
Attorney for Plaintiff
BRIAN SCHUE,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO: 0,/- 510 1r
: CIVIL ACTION .. LAW
MELISSA WEAVER,
: IN CUSTODY
Defendant.
COMPLAINT FOR PRIMARY CUSTODY
AND NOW, comes the Plaintiff, Brian Schue, by and through his attorneys,
Mancke, Wagner & Spreha, and files the following Complaint for Primary Custody:
1. The Plaintiff, Brian Schue, is an adult individual residing at 513 South 4th
Street, Newport, Perry County, Pennsylvania.
2. The Defendant, Melissa Weaver, is an adult indi\lidual residing at 11 Louis
Lane, Enola, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are the natural parents of one child, Kameron Schue,
born May 25, 2002.
4. The child was born out of wedlock.
5. Plaintiff is the natmal father of the child; Defendant is the natural mother of the
child.
6. From the birth of the child until approximately the end of 2002, the child
resided with the Plaintiff and Defendant at Cumberland Point, Mechanicsburg,
Cumberland County, Pennsylvania; for a short period in late 2002, the child resided with
the Plaintiff; and from early 2003 until the present, the child has resided with the
Defendant at the address contained in paragraph 2 above, subject to extensive periods of
partial custody with the Plaintiff at the address contained in paragraph 1 above.
7. The Defendant is the natural parent of two other children, Zachary Weaver, and
Aaron Weaver, that are not subject to this particular action.
8. Plaintiffknows of no other party asserting a right to custody or partial custody
of the child.
9. Plaintiff herein has exercised custody of Kameron for over a year of at least
three overnights per week, most recently in the last 6 to 7 months, Thursday night, Friday
night, and Saturday night into Sunday.
-2-
10. Plaintiff believes and therefore avers that it is in the best interests of Kameron
to grant primary physical custody of the child unto the Plaintiff herein, subject to periods
of partial custody in the Defendant.
11. Plaintiff believes and therefore avers that it is in the best interests of the child
to grant shared legal custody in both the Plaintiff and the Defendant.
WHEREFORE, Plaintiff requests this Court to grant: his request for primary
physical custody of Kameron Schue.
Respectfully submitted,
Mancke, Wagner & Spreha
~
. c ard Wagner, Esquire
J.D. #23103
2233 North Front Street
Harrisburg" P A 17110
(717) 234-7051
Attorneys for Plaintiff
Date: /J/.5/p c.;
r /
-3-
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
g~,J",L <(./
DATE:
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BRIAN SCHUE
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
04-5709 CIVIL ACTION LAW
MELISSA WEAVER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, December 02, 2004
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 16, 2004
, the conciliator,
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 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 hearine:.
FOR THE COURT,
By: Isl
Hubert X Gilroy, Esq.
Custody Conciliator
mhc
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 Assm;iation
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (7] 7) 249-3] 66
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BRIAN SCHUE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
MELISSA WEAVER, .
Defendant
NO. 04-5709
IN CUSTODY
COURT ORDER
AND NOW, this ~6-UtdaY of January, 2005, upon consideration of the attached
Custody Conciliation report, it is ordered and directed as follows:
1. A hearing is scheduled in Coqrt ,Room No. ~ olf the Cumberland County Court
House on the a'5 tit day of ,J ~12005 at !liJ!.0 {{.m. At this hearing, the father
shall be the moving party and shall p ceed inItially with testimony. Counsel for the
parties shall fIle with the Court and opposing counsel a memorandum setting forth
the history of custody in this case, the issues cUITI:ntly before this Court, a list of
witnesses who will be called to testify in this case and a summary of the anticipated
testinIony of each witness. This memorandum shall be fIled at least five days prior to
the mentioned hearing date.
2. Pending further order of this Court, the following Temporary Custody Order is
entered:
a. The father, Brian Schue, and the mother, Me:lissa Weaver, shall enjoy shared
legal custody of the minor child, Kameron Scbue, born May 25, 2002.
b. The parties shall share physical custody with the physical custody
arrangement being as follows:
i. Father shall have custody every week iFrom Thursday at 12:30 p.m. to
Sunday at 6 p.m.
ii. Mother shall have custody every we,ek from Sunday at 6 p.m. to
Thursday at 12:30 p.m.
c. Transportation shall be handled with the mill-custodial parent picking the
child up at the other parent's home or at sucb other location as agreed upon
by the parties.
3. In the event the parties continue to negotiate and work out an arrangement prior to
the scheduled hearing date, legal counsel for the parties may contact the Conciliator
again to conduct a conciliation conference over the ]~hone in an effort to reach a fmal
resolution.
cc:~ch Wagner, Esquire J
,;Grace D' Alo, Esquire
Judge
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JAN 1 8 LUU~ rY\
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BRIAN SCHUE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
MELISSA WEAVER,
Defendant
NO. 04-5709
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Kameron Schue, born May 25, 2002.
2. A Conciliation Conference was held on JanuarJI 13, 2005, with the following
individuals in attendance:
The father, Brian Schue, with his counsel, P. Richard Wagner, Esquire, and the
mother, Melissa Weaver, with her counsel, Grace D'Alo, Esquire.
3. The parties have been separated for over two years during which time they worked
out an agreement on custody. The prior arrangemelllt has been somewhat of a shared
custody arrangement with the parties agreeing that the father would have custody of
the minor child on approximately three nights per week, usually Thursday through
Sunday. However, mother suggests sometimes it was Friday through Sunday.
Problems have developed over the past few montllS and the parties have been at
odds. Despite some negotiations at the conciliation conference, the parties were
unable to reach an agreement. A hearing is required. The Conciliator is reqnired to
recommend an interim Order pending the hearilllg and that recommendation is
included in the attached proposed Order.
4. The Conciliator recommends an Order in the form as attached.
I-({~{YS
DATE
//) ~1
Hubert X. Gil y, Esquire
Custody Co iliator
BRIAN SCHUE,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: CIVIL ACTION - LAW
MELISSA WEAVER,
Defendant
: NO, 04-5709
: IN CUSTODY
TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF SAID COURT:
nF,FF.NnANT'S MOTION FOR C.ONTINlJ A NC.F,
AND NOW, the Defendant, Melissa Weaver, by and through her attorney, Jeanne B.
Costopoulos, Esquire, makes the following Motion for a Continuance:
L A custody hearing is scheduled to take place before the Hon, Edgar B. Bayley on February
25, 2005 at 9:00 a,m,
2, Undersigned counsel was recently retained and her schedule is such that she cannot
sufficiently prepare for trial unless the case is rescheduled to a later date,
3, Plaintiff's attorney, p, Richard Wagner, Esquire, has indicated an objection to a continuance
of the instant case. However, the parties are presently subject to a temporary custody order
dated January 25, 2005 (attached hereto as Exhibit A) which contains a shared custody
arrangement so neither party will be prejudiced by a continuance of this case to a later date,
WHEREFORE, Plaintiff respectfully requests this Honorable Court to continue the hearing
currently scheduled to take place on February 25, 2005 at 9:00 a.m,
BY:
Respectfully submitted,
4-
--
eanne B. Costopoulos, Esquire
5000 Ritter Road, Suite 2:02
Mechanicsburg, P A 17055
Telephone: (717) 790-9547
P A Supreme Ct ID No, 68735
ATTORNEY FOR DEFENDANT
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BRIAN SCHUE,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
MELISSA WEAVER,
Defendant
: NO. 04-5709
: IN CUSTODY
rRRTfFTrA TF OF SFRVrrf~
I, Jeanne B, Costopoulos, Esquire, hereby certify that I am this day serving a copy of the
foregoing document upon the person, and in the manner, indicated below, which service satisfies
the requirements of the P A RuIes of Civil Procedure, by depositing a copy of the same with the
United States Post Office at Mechanicsburg, Pennsylvania, first dass mail, prepaid, and addressed
as follows:
p, Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
2/fI!IJf
Jeanne B. CostopouIos, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone: (717) 790-9547
P A Supreme Ct ill No. 68735
ATTORNEY FOR DEFENDANT
BY:
-'
.JAil!j] B :~l1il~y\
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BRIAN SCHUE,
Plain tiff
MELISSA WEAVER, .
Defendant
NO. 04-5709
IN CUSTODY
COURT ORDER
AND NOW, this ~ day of January, 2005, upon consideration of the attached
Custody Conciliation report, it is ordered and directed as follows:
1. A hearing is s~h~uled in Co~ Room NO.)... ,of the Cumb~r1and ~ounty Court
House on the ~,) ~h day ofh::1.lflliilll'i2005 at7700!:~.m. At this hearing, the father
shall be the moving party an~oceed initially with testimony. Counsel for the
parties shall me with the Court and opposing counsd a memorandum setting forth
the history of custody in this case, the issues currently before this Court, a list of
witnesses who will be called to testify in this case and a sUlmnary of the anticipated
testimony of each witness. This memorandum shall be fIled at least five days prior to
the mentioned hearing date.
2. Pending further order of this Court, the following Temporary Custody Order is
entered:
a. The father, Brian Schue, and the mother, Melissa Weaver, shall enjoy shared
legal custody of the minor child, Kameron Schue, born May 25, 2002.
b. The parties shall share physical custody with the physical custody
arrangement being as follows:
i. Father shall have custody every week from Thursday at 12:30 p.m. to
Sunday at 6 p.m.
ii. Mother shall have custody every week from Sunday at 6 p.m. to
Thursday at 12:30 p.m.
c. Transportation shall be handled with the non-custodial parent picking the
child up at the other parent"s.home or at such other location as agreed upon
by the parties.
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3. In the event the parties continue to negotiate and work out an arrangement prior to
the scheduled hearing date, legal counsel for the parties may contact the Conciliator
again to conduct a conciliation conference over the phone in an effort to reach a fInal
resolution.
BY THE COURT,
lS/~L1h)
Judge 0
cc: Rich Wagner, Esquire
Grace D' Alo, Esquire
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BRIAN SCHUE,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: CIVIL ACTION - LAW
MELISSA WEAVER,
Defendant
: NO. 04-5709
: IN CUSTODY
TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF SAID COURT:
DRFRNDANT'S MOTION FOR CONTTNlJANCR
AND NOW, the Defendant, Melissa Weaver, by and through her attorney, Jeanne B,
Costopoulos, Esquire, makes the following Motion for a Continuance:
I, A custody hearing is scheduled to take place before the Hon. Edgar B. Bayley on February
25, 2005 at 9:00 a,m,
2. Undersigned counsel was recently retained and her schedule is such that she cannot
sufficiently prepare for trial unless the case is rescheduled to a later date,
3. Plaintiff's attorney, p, Richard Wagner, Esquire, has indicated an objection to a continuance
of the instant case. However, the parties are presently subject to a temporary custody order
dated January 25, 2005 (attached hereto as Exhibit A) which contains a shared custody
arrangement so neither party will be prejudiced by a continuance of this case to a later date.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to continue the hearing
currently scheduled to take place on February 25, 2005 at 9:00 a,m,
BY:
Respectfully submitted,
c-
Kanne B. Costopoulos, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone: (717) 790-9547
P A Supreme Ct ID No. 68735
ATTORNEY FOR DEFENDANT
----.,
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BRIAN SCHUE,
Plaintiff
: THE COURT OJF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: CIVIL ACTION - LAW
MELISSA WEAVER,
Defendant
: NO. 04-5709
: IN CUSTODY
CFRTTFlf'ATF OF SFRVlf'F,
I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the
foregoing document upon the person, and in the manner, indicated below, which service satisfies
the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the
United States Post Office at Mechanicsburg, Pennsylvania, first class mail, prepaid, and addressed
as follows:
p, Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
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BY:
Jeanne B. Costopoulos, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg, P A 17055
Telephone: (717) 790-9547
P A Supreme Ct ID No. 68735
ATTORNEY FOR DEFENDANT
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BRIAN SCHUE,
Plain tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
MELISSA WEAVER, .
Defendant
NO. 04-5709
IN CUSTODY
COURT ORDER
AND NOW, this ~ day of January, 2005, UpOIl consideration of the attached
Custody Conciliation report, it is ordered and directed as follows:
I. A bearing is s9hc:guled in Co~rt Room No.), ,of lihe Cumb~rland ~ounty Court
House on the :2-,) ~h day OfIThl'uaC46'2005 at7100{i:.m. At this hearmg, the father
shall be the moving party and shall woceed initially with testimony. Counsel for the
parties shall fIle with the Court and opposing counsel a memorandum setting forth
the history of custody in this case, the issues currently before this Court, a list of
witnesses who will be called to testify in this case and, a summary of the anticipated
testimony of each witness. This memorandum shall be fL!ed at least five days prior to
the mentioned hearing date.
2. Pending further order of this Court, the following Temporary Custody Order is
entered:
a. The father, Brian Schue, and the mother, Melissa Weaver, shall enjoy shared
legal custody of the minor child, Kameron Schue, born May 25, 2002.
b. The parties shall share physical custody with the physical custody
arrangement being as follows:
i. Father shall have custody every week from Thursday at 12:30 p.m. to
Sunday at 6 p.m.
ii. Mother shall have custody every week from Sunday at 6 p.m. to
Thursday at 12:30 p.m.
c. Transportation shall be handled with the non-custodial parent picking the
child up at the other parent's. home or at such other location as agreed upon
by the parties.
3. In the event the parties continne to negotiate and work out an arrangement prior to
the scheduled hearing date, legal counsel for the parties may contact the Conciliator
",au." <~_ a ""'."ti~ "w".." ,,",.,, pM"' in ao ,i1.n iO ,,,<h n fi'"
resolution.
BY THE COURT,
cc: Rich Wagner, Esquire
Grace D' Alo, Esquire
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BRIAN SCHUE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PE NSYLVANIA
V.
MELISSA WEAVER,
DEFENDANT
04-5709 CIVIL TERM
ORDER OF COURT
AND NOW, this
2Y1
,
day of March, 2005, this matter
called for a hearing, and the parties having reached an agreement, IT IS
(1) All prior custody orders are vacated and replaced with this orde .
(2) Brian Schue and Melissa Weaver shall have joint legal custody f Kamron
Schue, born May 25,2002.
(3) The father shall have Kamron from Thursday, March 24, 2005 a noon until
Sunday, March 2ih at 6:00 p.m.
(4) Commencing on Thursday, March 31st at noon the father shall h ve Kamron
until Sunday, April 3rd at 10:00 a.m., with this schedule continuing in altern te weeks.
(5) In the week after the father has Kamron he shall have him from uesdayat
approximately 9:30 a.m. until Tuesday afternoon, and Wednesday morning at
approximately 9:30 a.m. until Wednesday afternoon.
(6) On Thursdays the father shall pick up Kamron from the mother's home. On
Tuesday mornings, Wednesday mornings and Wednesday afternoons exch nges shall
occur at the Clarks Ferry Truck Stop. On Tuesday afternoon, the father will take
Kamron to the mother's home.
(7) If the mother does not work on a Tuesday or Wednesday and th father does
work then the mother shall have Kamron.
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(8) Each parent shall have Kamron in the summer for two non-con ecutive
weeks of seven days, those weeks to be set by them.
(9) The parents shall alternate major holidays with Kamron as defi ed between
them.
(10) The mother shall have Kamron on Mother's Day and the fathe shall have
Kamron on Father's Day.
(11) This order may be reexamined after ninety days if it is determi ed that it is
not working well.
By the Court,
~ Richard Wagner, Esquire
For Plaintiff
"Aeanne Costopoulos, Esquire
For Defendant
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P. Richard Wagner, Esquire
P A Supreme Court ID #23103
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, P A 17110
Telephone (717) 234-7051
Fax (717) 234-7080
Attorney for Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
BRIAN SCHUE,
Plaintiff,
v.
: NO: 04-5709
: CIVIL ACTION ..LAW
MELISSA WEAVER,
: IN CUSTODY
Defendant.
COMPLAINT FOR PRIMARY CUSTODY
AND NOW, comes the Plaintiff, Brian Schue, by and through his attorneys,
Mancke, Wagner & Spreha, and files the following Complaint for Primary Custody:
1. The Plaintiff, Brian Schue, is an adult individual residing at 513 South 4th
Street, Newport, Perry County, Pennsylvania.
2. The Defendant, Melissa Weaver, is an adult individual residing at II Louis
Lane, Enola, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are the natural parents of one child, Kameron Schue,
born May 25, 2002.
4, The child was born out of wedlock.
5. Plaintiff is the natural father of the child; Defendant is the natural mother of the
child.
6. From the birth of the child until approximately the end of2oo2, the child
resided with the Plaintiff and Defendant at Cumberland Point, Mechanicsburg,
Cumberland County, Pennsylvania; for a short period in late 2002, the child resided with
the Plaintiff; and from early 2003 until the present, the child has resided with the
Defendant at the address contained in paragraph 2 above, subject to extensive periods of
partial custody with the Plaintiff at the address contained inl paragraph I above.
7, The Defendant is the natural parent of two other l~hildren, Zachary Weaver, and
Aaron Weaver, that are not subject to this particular action.
8. Plaintiff knows of no other party asserting a right to custody or partial custody
of the child.
9. On March 27,2005, the Court entered an Order concerning custody of the
child, a copy of which is attached hereto, incorporated herem by reference, and marked as
Exhibit A.
-2-
10, Plaintiff believes and therefore avers that it is in the best interests of Kameron
to grant primary physical custody of the child unto the Plaintiff herein, subject to periods
of partial custody in the Defendant
II. Plaintiff believes and therefore avers that it is in the best interests of the child
to grant shared legal custody in both the Plaintiff and the Defendant
WHEREFORE, Plaintiff requests this Court to grant his request for primary
physical custody of Kamer on Schue,
Respectfully submitted,
Mancke, Wagner & Spreha
By /~
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. #2 3
2 orth Front Street
Harrisburg., PA 17110
(717) 234-7051
Attorneys for Plaintiff
Date: W,5iJ/Df)'
I I
-3-
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
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DATE:
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BRIAN SCHUE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MELISSA WEAVER,
DEFENDANT
04-5709 CIVIL TERM
ORDER OF COURT
AND NOW, this
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day of March, 2005, this matter having been
called for a hearing, and the parties having reached an agreement, IT IS ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Brian Schue and Melissa Weaver shall have joint legal custody of Kamron
Schue, born May 25, 2002,
(3) The father shall have Kamron from Thursday, March 24, 2005 at noon until
Sunday, March 2ih at 6:00 p,m.
(4) Commencing on Thursday, March 31st at noon the father shall have Kamron
until Sunday, April 3rd at 10:00 a,m., with this schedule continuing in alternate weeks.
(5) In the week after the father has Kamron he shall have him from Tuesday at
approximately 9:30 a.m. until Tuesday afternoon, and Wednesday morning at
approximately 9:30 a.rn, until Wednesday afternoon.
(6) On Thursdays the father shall pick up Kamron from the mother's home. On
Tuesday mornings, Wednesday mornings and Wednesday afternoons exchanges shall
occur at the Clarks Ferry Truck Stop. On Tuesday afternoon, the father will take
Kamron to the mother's home.
(7) If the mother does not work on a Tuesday or Wednesday and the father does
work then the mother shall have Kamron.
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(8) Each parent shall have Kamron in the summer for two non-consecutive
weeks of seven days, those weeks to be set by them.
(9) The parents shall alternate major holidays with Kamron as defined between
them.
(10) The mother shall have Kamron on Mother's Day and the father shall have
Kamron on Father's Day.
(11) This order may be reexamined after ninety days if it is determined that it is
not working well.
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By the G"Ourt,
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F or Plaintiff
Jeanne Costopoulos, Esquire
For Defendant
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BRIAN SCHUE
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
04-5709 CIVIL ACTION LAW
MELISSA WEAVER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW.
,'\\iednesday, October 12, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy, Esq.
, the conciliator,
at___4tI1Floor'<:~,I11"erl,~.nd County Courthouse, Carlisle on
Thnrsday, November1.ll,..?~,O,~..,............,.., 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 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: Isl
Hubert X. Gilrov. Esq,
Custody Conciliator
t'\
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infoTInation 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 Bedt(lfd Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3 166
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BRYAN SCHUE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. 04-5709
MELISSA WEAVER,
DEFENDANT
CIVIL ACTION - CUSTODY
PRAECIPE TO ENTER APPEARANCE
ON BEHALF OF DEFENDANT
TO THE PROTHONOTARY:
Please note my appearance on behalf of the Defendant Melissa Weaver.
Respectfully submitted,
By:
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of
the foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
P. Richard Wagner, Esquire
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
Jeanne B. Costopoulos, Esquire
3803 Old Gettysburg Road
Camp Hill, PA 17011
Date: 17/e-/{)5
,,------
,
BRYAN SCHUE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO, 04-5709
MELISSA WEAVER,
DEFENDANT
CIVIL ACTION - CUSTODY
ANSWER WITH NEW MATTER TO COMPLAINT
TO: Bryan Schue
clo P. Richard Wagner, Esquire
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, P A 17110
ANSWER
I. ADMITTED.
2. DENIED. The Defendant resides at 691 State Road, Lemoyne, PA
17043.
3. ADMITTED WITH QUALIFICATION. The child's first name is
~'Kamron" not "Kameron",
4. ADMITTED.
5. ADMITTED.
6. DENIED AS STATED. The child has resided primarily with his mother,
Melissa Weaver, since the parties' separated in 2002.
7. ADMITTED.
8. ADMITTED.
9. ADMITTED.
10. DENIED AS A CONCLUSION OF LAW. The Plaintiff has failed to
cite any facts supporting this paragraph. If a response were required, the
Defendant adopts her New Matter as though fully set forth.
II. ADMITTED.
NEW MATTER
I. THE F AMIL Y UNITY DOCTRINE
12. Plaintiffs demand for a change in primary physical custody is a challenge
to Pennsylvania's "Family Unity Doctrine". The Pennsylvania Supreme
Court describes the doctrine as:
It has always been a strong policy in our law that in the absence of
compelling reasons to the contrary, siblings should be raised together
whenever possible. [citations omitted]. This principle is in no way
diluted by the fact that the third child in this case is a half brother,
[emphasis added]. See Albright v. Albright, 491 Pa. 320, 421 A.2d 157
at 160.161 (1980). See also Beers v. Beers, 342 Pa. Super. 465, 493
A.2d 116 (1985), Haag v, Haag, 336 Pa. Super. 491, 499-500, 485
A.2d 1189, 1193 (1984) and Mahoney v, Mahoney, 354 Pa. Super.
585,512 A.2d 694 at 697 at Note 1 (1986) expressly discussing step
siblings.
12. The phrase "compelling reasons ... might appear synonymous with the
'clear necessity' requirement of the Juvenile Act." Pilon v. Pilon, 342
Pa. Super. 52,492 A.2d 59 at 60 (1985).
13. In the present case, Kalmon (age 3 \1,) has resided on a primary basis with
Mother and Zachary Weaver (age 8) since his birth. Their family unit is
intact and unless the Plaintiff can demonstrate "compelling reasons to the
contrary" this should not be disrupted.
II. PLAINTIFF'S CRIMINAL PAST AND DRlUG USE
14. Plaintiff has multiple convictions (one felony and three misdemeanor
counts) since 2000 which include:
a. Burglary (18 Pa. C.S.A. 3502). Plaintiff entered a guilty plea on
February 14,2000. He was accused ofl~ntering an occupied home
between 2:00 AM and 9:00 AM and removed a diamond necklace
valued at $2,000.00 and quarters totaling $120.00.
b. Criminal Mischief (18 Pa. C.S.A. 3304). Plaintiff entered a
guilty plea on February 14,2000. He was accused of breaking out
the window of a pick up truck located at the home he had just
burglarized.
c. Driving Under the Influence of Alcohol or Controlled
Substance (75 Pa. C.S.A. 3731). Plaintiff entered a guilty plea on
June 7, 2000, He was accused of operating a vehicle at 2:40 AM
and causing an accident on 1-81. Plaintiffs "BAe was .16% and
[he] also had marijuana in his system" and an open can of beer
was inside his vehicle.
d. Underage Drinking (18 Pa. C.S.A. 6308). The same facts in 14 c
supported this guilty plea
15. Plaintiff's lifestyle caused him to be shot by thugs in March 2003 after a
night of bar hopping and heavy partying outside a Harrisburg bar.
16. Plaintiff lost his job at the Olive Garden Restaurant in Lower Paxton
Township when his manager walked in on him ingesting cocaine in late
2002.
III. PLAINTIFF'S UNUSUAL WORK SCHEDULE
17. Plaintiff works a schedule which does not permit him to act as the primary
custodial parent for a 3 Y2 year old child:
Week One 7 AM to 3:30 PM for Five to Seven Days
Offfor 2 - 3 Days
Week Two 3:00 PM to II :00 PM for Five to Seven Days
Off for 2 - 3 Days
Week Three 11 :00 PM to 7:00 AM for Five to Seven Days
Off for 2 - 3 Days
18. It is clear from such a schedule that Plaintiff is unable to serve as the
primary custodial parent for 2/3 of the time since he is at work from 3:30
PM to II :00 PM and II :00 PM to 7:00 AM two out of three weeks,
19. This work schedule contrasts with the Defendant's schedule since she
works three days a week and is free the remaining four days of the week.
This permits her to serve as the nurturing parent.
IV. PLAINTIFF'S REFUSAL TO ABIDE BY EXCHANGE TIMES
20, The Order of March 24, 2005 established 9:30 AM as the time for the
parties to meet and exchange Kamron at the Clark's Ferry Truck Stop.
21. On those days when the Plaintiff starts work at 7:00 AM he refuses to
make the child available until he returns home from work at 4:00 PM
despite the clear language that the exchange time is 9:30 AM.
22. Nor will the Plaintiff agree to meet at his place of employment at 7:00 AM
on those days despite Defendant's offer to come early so he does not miss
any work and the child can be with his Mother for the day instead of with
a non-parent or babysitter.
WHEREFORE, Plaintiffrespectfully requests this Honorable Court to
deny Plaintiffs Petition to Modify Custody.
Respectfully submitted,
By:
S ven Howe s
~owell Law lrm
619 Bridge Street
New Cumberland, P A 17070
Supreme Court ID 62063
Attorney for Defendant
(717) 770-1277
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of
the foregoing document was served upon the party/parties set forth below by
postage prepaid, first class United States Mail address(~d as follows:
P. Richard Wagner, Esquire
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
Date: IZ! j' !H-
VERIFICATION
I/we verify that the statements made in the foregoing document are true and
correct. I/we understand that false statements herein are made subject to the penalties of
~m fuJ,ifi""ioom.""oritim
Melissa Weaver
Date: 1/...{8 !O)
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BRIAN SCHUE,
Plaintiff
~PR 1 /) 2006
IN THE COURT OF COMMONtiloEAS 01<' . . </
CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 04-5709
CIVIL ACTION - LAW
MELISSA WEAVER,
Defendant
IN CUSTODY
COURT ORDER
AND NOW, this ~ day of April, 2006, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The parties will in the fall of 2006 submit themselves and the minor child to a
custody evaluation performed by a professional agreed upon by legal counsel for
the parties. If the attorneys for the parties are not able to agree upon a
professional, they may contact the Custody Conciliator on that issue. Each party
will endeavor to set aside funds of approximately $2,000 by October 1 in order to
allow tbe parties to proceed with the custody evaluation. If setting those funds
aside by October 1 is an issue, legal counsel for the parties may contact the Custody
Conciliator to have that deadline extended to November 1. The parties will
cooperate with respect to the evaluation and provide the minor child for the
evaluation and any other family members of the parties that the evaluator may
desire. Upon the conclusion of the evaluation and in the event the parties are
unable to reach an agreement at that particular time on the entry of a permanent
custody Order, counsel for either party may contact the Custody Conciliator
directly to schedule another custody conciliation conference.
2. Pending further Order of this Court, this Court's prior Order of March 27, 2005
shall remain in place subject to the following modification:
A. On the Sundays where Father is working and has custody of the minor
child, the exchange of custody at 10:00 a.m. shall take place at the
Pennsylvania State Police Barracks in Newport, at which time Mother may
pick the child up from the Father's wife.
Cc:
.~ ")s'Edgar B. Bayley, Judge
~enHowell,Esquire I~
v: Richard Wagner, Esquire"\l' ~ ~~-
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BRIAN SCHUE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
: NO. 04-5709
CIVIL ACTION - LAW
MELISSA WEAVER,
Defendant
IN CUSTODY
Prior Judge: The Honorable Edgar B. Bayley
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Kameron Schue, born May 25, 2002
2. A Conciliation Conference was held on April 7, 2006 with the following individuals in
attendance:
The Mother, Melissa Weaver, with her counsel, Steven Howell, Esquire
The Father, Brian Schue, with his counsel, Richard Wagner, Esquire
3. The parties agree to the entry of an Order in the form as attached.
Date: APrill,2006