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HomeMy WebLinkAbout01-04248CHRISTOPHER CARL JUSSEN, PLAINTIFF vs. APRIL CHRISTINE STUM, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA NO. 01-4245 CIVIL TERM CIVIL ACTION -LAW ACTION FOR CUSTODY AFFIDAVIT ®F SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: Be it larown, that on the ~¢~ day of , 2001, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO> who, being duly sworn according to law, did depose and state as follows: I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Christopher Cazl Jussen, Plaintiff in the above-captioned matter. On July 23, 2001, a true and correct copy of the Complaint for Custody, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7000 1670 0003 4925 0851, and addressed to the Defendant, April Christine Stum, c(o Chad Jackson, 2000 5heepford Road, Mechanicsburg PA 17055 4. The return receipt card signed by the Defendant, April C. 5tum, showing a date of service of July 28, 2001, is attached hereto as Exhibit "A". 5. Service by certified mai! meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. ~3'AIV KAY Counsel for Pi SWORN TO AND SUBSCRIBED before me, a Notary Public, this SSl. day of __ C~~- , 2001. i~scc~~T2.sld. lc., fb'l.C~ Notary Public My Commission Expires: Noiarial Seal Kimberty R. HanPord, Notary Publb Meohenb:sburg Boro, Cumberland Coumy My Commission Expires Apr. 4, 2005 ^ Complete tdms 1, 2, and 3. Also complete i4em 4 if Restricted Delivery is desired. >g Rrint your name and address on the reverse so that we can return the card to you. ^ AtEach this card to the back of the mailpiece, oron the front if space permits. 1. Article Addressed to: .l C.1~C~ne Sim ~ Gh[id saes an ~ ~ 2 ~b Shee~ocd ~.DQ ~cAx~icsburG PR l L_ 2. AYEICIe Fmrsrr A. Received by (Please Print Cleady) B: C. Signature X ^ Agent L"- S/~ ^ Addre~, D. Is delivery address digereM from kern 1? ^ Ves ~ If YES, enter delivery address below: ^ No ~_,~~~:: Certified Mail ^ Express Mail %/ ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. _ 4. Res[dcted Delivery? (E#ra Fee) ~_ pps Dornestic Return Receipt 10E595-89'-M-1789 Exhibit "A" C ~ -. miTi Z CC7J V~ 2 CG ... z~ Y ~ C? CHRISTOPHER CARL JUSSEN PLAINTIFF V. APRIL CHRISTINE STUM DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 01-4248 CIVIL ACTION LAW IN CUSTODY ~; ' .ORDER QF COURT. AND NOW, Tuesday, July 17, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August I5, 2001 at 3:00 P.m. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esc~~~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELQW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,~:. .. ,., ?'i _~.. „_ P-~. CHRISTOPHER CARL JUSSEN, PLAINTIFF vs. APRIL CHRISTINE STUM, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OI - ~~ yl'' : CIVIL ACTION -LAW ACTION FOIL CUSTODY ORDER AND NOW> this day of 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2001, at _ o'clock _ .m., for the 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 fire issues to be heard by the court, and to enter into a temporary order. All children age five or older shall also be present at the conference. Failure to appear at the conference may provide for entry of a temporary or permanent order. BY: FOR THE COURT, Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associaflon 2 Liberty Avenue Carlisle PA 17013 (717)249-3166 1-800-990-9108 _A.ME~~ANS'WI77i DISABILII7ES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with We Americans with Disabilities Act of 199D. 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. CHRISTOPHER CARL JUSSEN, PLAINTIFF vs. APRII, CHRLSTINE STUM, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA NO. CIVIL ACTION -LAW ACTION FOR CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Baz Association 2 Liberty Avenue Carlisle PA 17013 (717)249-3166 1-800-990-910$ CHRISTOPHER CARL JUSSEN, PLAINTIFF vs. APRIL CHRISTINE STUM, DEFENDANT HN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA NO. o/- yank' '(~~'-~ ~li,,,- CIVIL ACTION -LAW ACTION FOR CUSTODY ('(~MPh~T FOR CUSTODY AND NOW, comes the Plaintiff, CHRISTOPHER CARL NSSE~1, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following Complaint for Custody. 1. Plaintiff is CHRISTOPHER CARL JUSSEN, who currently resides at 1561 Thompson Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is APRIL CHRISTINE STUM, who currently resides at 2000 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks Shared Legal and Primary Physical Custody of the following minor child: NAn ADDRESS DATE OF BIRTH AUSTIN TYLER NSSEN 1561 Thompson Lane January 2, 1998 Mechanicsburg, PA 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff, who resides at 1561 Thompson Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff, Defendant 1561 Thompson Lane, Mechanicsburg, PA Birth -January, 1999 Plaintiff 1561 Thompson Lane, Mechanicsburg, PA January, 1999 to Present 7. The Mother of the child is Defendant, April Christine Scum, who currently resides at 2000 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Mother is single and presently resides with her paramour, Chad Jackson, and their daughter, Samantha Nichole. 8. The Father of the child is the Plaintiff, Christopher Carl Jussen, who currently resides at 1516 Thompson Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Father is single and resides only with his son. 9. The relationship of the Defendant, April Christine Stnm, to the child is that of the Natural Mother. Mother cunrently resides with her paramour, Chad Jackson, and their daughter. 10. The relationship of the Plaintiff, Christopher Carl Jussen, to the child is that of the Natural Father. The Plaintiff currently resides with his son. 11. The Plaintiff does not know of a person not a party to the proceedings who had physical custody of the child or claims to have custody or visitakion rights with respect to the child. 12. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has always been the primary caregiver and has great love and concern for his son; B. Plaintiff has always financially supported and provided for his son; C. Plaintiff has always been the parent to provide medical and other care for his son; D. Plaintiff has always interacted with his son in age appropriate activities in a loving and nurturing manner; E. Defendant has never provided any financial support for herself or her son; F. Defendant does not engage in any regulaz visitation with her son; G. Defendant does not participate in any of the child's activities or assist the Plaintiff in planning for the child's goals and activities; H. Defendant has no residence; I. Plaintiff wishes his son to live in a safe physical, emotional and social environment. 13. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Flaintiff, CHRISTOPHER CARL NSSEN, respectfully requests this Honorable Court to enter an Order: Granting the Plaintiff, CHRISTOPHER CARL JUSSEN, and the Defendant, APRIL STUM, Shared Legal Custody of the child, AUSTIN TYLER JUSSEN; and Granting the Plaintiff, CHRISTOPHER CARL JUSSEN, Primary Physical Custody of his son, AUSTIN TYLER NSSEN, and giving Defendant, APRH, CHRISTINE STUM, Partial Physical Custody of the minor child at such times as it can be determined the Defendant can provide a safe environment for the child. Dated: > 2001 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay el o, Esau Counselfor P int PA I.D. #64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717)796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: 7-/N1~O/ ~ o C~~OPHER CC NSSEN ,. r CHRISTOPHER CARL JUSSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4248 CIVIL ACTION LAW APRIL CHRISTINE STUM, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3~ day of ry y-~u S ~ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Christopher C. Jussen, and the Mother, April C. Stum, shall have shared legal custody of Austin Tyler Jussen, born January 2, 1998. 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. 2. The parties shall share having physical custody of the Child in accordance with the following schedule: The Mother shall have custody of the Child every week from Tuesday at 9:00 a.m. through Friday at 5:00 p.m. and the Father shall have custody from Friday at 5:00 p.m. through the following Tuesday at 9:00 a.m. For the initial period of custody under this schedule only, the Father's period of custody shall begin on Thursday, August 16, 2001 at 1:00 p.m. 3. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Holiday Hair parking lot in New Cumberland. The parties shall ensure that all exchanges of custody are conducted in a civil and cooperative manner to promote the Child's best interest. 4. The parties and their counseUrepresentative, shall attend a second Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on the 16`h day of October, 2001, at 9:00 a. m. to review the custody arrangements. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Susan K. Candiello, Esquire -For Father Jan Terpening -For Mother C~~~~~ BY THE COURT, CHRISTOPHER CARL JUSSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4248 CIVIL ACTION LAW APRIL CHRISTINE STUM, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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 Austin Tyler Jussen January 2, 1998 Mother/Father 2. A Conciliation Conference was held on August 15, 2001, with the following individuals in attendance: The Father, Christopher Carl Jussen, with his counsel, Susan K. Candiello, Esquire, and the Mother, April Christine Stum, with her representative, Jan Terpening. 3. The parties agreed to entry of an Order in the Form as attached. ci~~ /Cry AGO/ Date Dawn S. Sunday, Esquire Custody Conciliator R CHRISTOPHER CARL JUSSEN, Plaintiff vs. APRIL CHRISTINE STUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4248 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT s AND NOW, this Z.Z ti ~ day of (~ C.I o ~ cS 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 23, 2001 is vacated and replaced with this Order. 2. The Father, Christopher C. Jussen, and the Mother, April C. Stum, shall have shared legal custody of Austin Tyler Jussen, born January 2, 1998. 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 parties shall share having physical custody of the Child on an alternating weekly basis, with the exchange of custody to take place each week on Sunday at 7:00 p.m. The non-custodial pazent shall have a period of custody with the Child each week from Wednesday at 5:00 p.m. through Thursday at 7:00 p.m. The alternating weekly schedule shall begin with the Mother having custody of the Child through Sunday, October 21. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 5:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 5:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered yeazs and during Segment B in odd numbered years. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 5:00 p.m. through Thanksgiving Day at 2:00 p.m., and Segment B, which shall run from Thanksgiving Day at 2:00 p.m. through the Friday after Thanksgiving at 5:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father ~Nnc ~~'~usnra~d It'd t !3 all bl+ ~r~ 1.J~! f Il +~~,hJ[Ci'~_ ,~, I _~ l~~~JII ~.~I'1 ~~J p Z+Sr`m'~~ R95J '42W5;3nfXry~t%' tam _ ~ FGA .5y. P^ ~8H" T+F 3pi9m 9~1 ~ aP CHRISTOPHER CARL JUSSEN, Plaintiff vs. APRIL CHRISTINE STUM, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4248 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BHZTH Austin Tyler Jussen January 2, 1998 CURRENTLY IN CUSTODY OF Mother/Father 2. A Conciliation Conference was held on October 16, 2001, with the following individuals in attendance: The Father, Christopher Carl Jussen, with his counsel, Susan K. Candiello, Esquire, and the Mother, April Christine Stum, with her counsel, Jan Terpening and Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. p" v~ U ueq 17 oZ 00 Date Dawn S. Sunday, Esquire Custody Conciliator shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. C. EASTER: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 5:00 p.m. through Easter Sunday at 2:00 p.m., and Segment B, which shall run from Easter Sunday at 2:00 p.m. through the following Monday at 5:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 10:00 a.m. through 7:00 p.m. E. MEMORIAL DAY/JULY 4~h /LABOR DAY: The parties shall share having custody of the Child over the Memorial Day, July 4t and Labor Day holidays at times to be arranged by agreement. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parry shall be entitled to have custody of the Child for two uninterrupted weeks each year, to be scheduled during that party's regular alternating week of custody, upon providing at least 30 days advance notice to the other party. 6. The parties shall share the responsibility to provide transportation for exchanges of custody which shall take place at a location agreed upon by the parties. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Susan K. Candiello, Esquire -Counsel for Father Jan Terpening and Joan Carey, Esquire -Counsel for Mother ~ '6 ~` J. esle Oler Jr. Y J. \ "~~ ,~.