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HomeMy WebLinkAbout09-8544Andrew C. Spears, Esquire 1. D*387737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Henning HHRLaw corn MICHAEL L. MUSSON :IN THE COURT OF COMMON PLEASE Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. DESOVIA A. MUSSON : CUSTODYNISITATION Defendant : NO 0 q - ? S y 9 CUSTODY COMPLAINT AND NOW, here comes the Plaintiff, Michael L. Musson, to file the following Complaint for custody against the Defendant, Desovia A. Musson and avers as follows: The plaintiff is Michael L. Musson (hereinafter referred to as "father"), an adult individual, currently residing at 2111 Beacon Circle, Mechanicsburg, Cumberland County, Pennsylvania and the natural father of the minor child, Libi Quinn Musson (DOB: 12/16/2008). 2. The Defendant is Desovia A. Musson, (hereinafter referred to as "mother"), an adult individual believed to be residing at 222 Street, Bronx, New York, but with a last known address listed of 40 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania. Defendant is the natural mother of the minor child, Libi Quinn Musson (DOB: 12/16/2008). 3. Father seeks shared physical custody and shared legal custody of the following child: Libi Quinn Musson 40 Robin Court 11 months old Mechanicsburg, PA The child was not born out of wedlock. 4. The child is presently in the custody of mother and it is believed that she unlawfully removed the child to the state of New York to the address of 222 Street, Bronx, New York. Prior to that, Mother resided at 40 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania. 5. During the past five years, the child has resided with the following person(s) and at the following address(es): Michael L. Musson 40 Robin Court Since birth 12/16/2008 Mechanicsburg, PA Desovia A. Musson 40 Robin Court Since birth 12/16/2008 Mechanicsburg, PA 6. The mother of the child is Desovia A. Musson, who currently resides at 40 Robin Court, Mechanicsburg, PA She is married (currently separated). 7. The father of the child is Michael L. Musson, who currently resides at 2111 Beacon Circle, Mechanicsburg, PA. He is married (currently separated). 8. The relationship of plaintiff to the child is that of father 9. The plaintiff currently resides with the following person(s). Name Relationship Terry Dudley Mother 10. The relationship of defendant to the child is that of Mother. 2 The Mother currently resides with the following person(s): Name Self 11. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Father does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief request because: (a) Up until December 7, 2009, the parties have been enjoying a shared physical custody of shared alternating weeks; (b) Father is presently being denied all access to the minor child, Libi Quinn Musson. (c) Father is being denied knowledge to the safety, welfare and specific whereabouts of the minor child, Libi Quinn Musson. (d) Mother has in the past made very specific threats to do harm to herself and Father is fearful for her physical well being as well as the physical well being and safety of the minor child. (e) Father feels that it is in the minor's best interest to have a nurturing and caring relationship with both parents and believes the minor child will benefit from shared physical custody and shared legal custody. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to 3 custody or visitation of the child have been given notice of the pendency of this action and the right to intervene: WHEREFORE, Plaintiff, Michael L. Musson respectfully requests this Court to enter an Order granting him shared physical custody and shared legal custody of the minor child. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. Spears, Esquire Supreme Court I.D. # 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 DATED: 10 U Attorney for Plaintiff 4 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. A- -- ---_ Michael L. Musson Date: /?? 0 F;LFD.-C, ' ll CE i,). ?!-;?' :,;n=ray 2009 DEC 1 ! P', 10: 25 (?G;L/ d A Sou /7 PS G/ Andrew C. Spears, Esquire 1. D.#387737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: spears@HHRLaw.com MICHAEL L. MUSSON :IN THE COURT OF COMMON PLEASE Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. NO - PETITION FOR EMERGENCY RELIEF DESOVIA A. MUSSON Defendant CUSTODYNISITATION AND NOW, comes the Plaintiff, Michael L. Musson to file the following Petition for Emergency Relief against the Defendant, Desovia A. Musson and avers as follows: 1. Petitioner is Michael L. Musson, (hereafter referred to as "father") natural father of the child, Libi Quinn Musson, and Plaintiff in the above-captioned matter, Petitioner currently resides at 2111 Beacon Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Defendant, Desovia A. Musson, (hereafter referred to as "mother") natural mother of the child, Libi Quinn Musson. It is believed that Mother has recently attempted to relocate to the State of New York and her address is 222 Street, Bronx, New York 10467. 3. The minor child, Libi Quinn Musson, is 11 months old with a date of birth of December 16, 2008. Up until December 7, 2009, resided with the Mother at 40 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania. The address which she has resided since birth. 4. On December 7, 2009, the Mother removed the minor child from the State of Pennsylvania and took her to New York without the knowledge or permission of her Father. 5. Mother has informed Father that she will refuse to return the child to her home state of Pennsylvania without any type of Court intervention. 6. In addition, Father is presently being denied all access to his child and is being further denied knowledge of the child's health and well-being as well as the child's specific whereabouts. 7. In addition, Father has documented threats from Mother of physical harm to herself and has serious concerns for her safety and well-being as well as the safety and well-being of the minor child. 8. Prior to her unlawful removal of the child from the State of Pennsylvania, the parties agreed to shared legal and shared physical custody on an alternating week schedule. 9. Father avers that the State of Pennsylvania is the home state of the minor child and is the place best suited for this action to be decided as this has been the child's home state since birth and she has significant contacts with the state of Pennsylvania. 10. Father requests that this Honorable Court enter an Emergency Order requiring Mother to return the child to her home state of Pennsylvania and schedule an 2 expedited custody conciliation so that the parties may resolve this dispute and so that father may see the minor child. WHEREFORE, Petitioner, Michael L. Musson, respectfully requests that this Honorable Court enter an Emergency Order requiring the Respondent, Desovia A. Musson, immediately return the minor child to the state of Pennsylvania and schedule an expedited custody conciliation. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. Spears, Esquire Supreme Court I.D. # 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 DATED:-\ -1? Attorney for Plaintiff 3 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Michae . Musson Date: 1'00,16q FILED-0- -fuL. )WY 2009 DEC a I AM 10: 2 4 73 ,fir d 3q MICHAEL L. MUSSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V 2009-8544 CIVIL ACTION LAW rri - r, cn r ;0 r DESOVIA A. MUSSON -<> 2-1 ,r- coo C) , b-ra IN CUSTODY j n c DEFENDANT =s C) ORDER OF COURT AND NOW, Wednesday, September 07, 2011 , 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, Mechanicsbur , PA 17055 on Tuesday, October 04, 2011 at :30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. Sunda Es _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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. ? C?/?? ?0 Ira Ilmv fe /- Icy Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 tears Telephone (717) 249-3166 I ?a/lP y o - G'vhcl °PY ???/i MICHAEL L. MUSSON IN THE COURT OF COMMON PL = Plaintiff CUMBERLAND COUNTY, PENNSY 1 --? Zrrn o ?? vs. 2009-8544 CIVIL ACTION LAW (zn? O DESOVIA A. MUSSON ?0 3 Z r? Defendant IN CUSTODY y w- ' e ORDER OF COURT th AND NOW, this 8 day of 2011, upon consideration of the attached Custody Conciliation Report, it is ordere and directed as follows: 1. The prior Order of this Court dated January 25, 2010 shall continue in effect as modified by this Order. 2. When the Mother is receiving custody of the Child in the morning under the regular custody schedule, the Mother shall pick up the Child at the Father's place of employment. When the Father is receiving custody of the Child in the afternoon on October 26, 2011, the Father shall pick up the Child at the Mother's residence using the Pennsylvania Turnpike so that the Father can determine if that route might be an option for future exchanges. Unless otherwise agreed between the parties, all other custody exchanges shall take place at the Burger King in Lemoyne. 3. 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, S, ?, J? M. L. Ebert, Jr. cc: ''Andrew C. Spears Esquire - Counsel for Father /Jessica L. Holst Esquire - Counsel for Mother Oopiie-s ?l 11l OK? MICHAEL L. MUSSON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2009-8544 CIVIL ACTION LAW DESOVIA A. MUSSON Defendant IN CUSTODY Prior Judge: M. L. Ebert Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Libi Q. Musson December 16, 2008 Father/Mother 2. A custody conciliation conference was held on October 25, 2011, with the following individuals in attendance: the Father, Michael L. Musson, with his counsel, Andrew C. Spears Esquire, and the Mother, Desovia A. Musson, with her counsel, Jessica Holst Esquire. 3. The parties agreed to entry of an Order in the form as attached. cfv 7. -)-o ,-/ Date Dawn S. Sunday, Esquire Custody Conciliator