HomeMy WebLinkAbout01-1786 LINDA MUSSER,
' IN THE COURT OF COMMON PLEAS
Plaintiff, i CUMBERLAND COUNTY, PENNSYLVANIA
V.
· No. o
NATHAN L. MUSSER, SR.. '
·
·
Defendant.
' CUSTODY~ViSiTATiON
MOTION FOR APPROVAL OF
NOW COMES, Plaintiff, Linda Musser, by and through her attorneys, TOMASKO &
KORANDA, P.C., and fi/es this Motion for Approval of Consent Agreement for Custody, and in
support thereof, avers:
1. Plaintiff, Linda Musser, is an adult individual residing at 906 West Trindle Road,
Mechanicsburg, Cumber/and County, Pennsylvania 17055.
2. Defendant, Nathan L. Musser, is an adult individual residing at 526 Hogestown
Road, Mechanicsburg, Cumber/and County, Pennsylvania 17055.
3. Plaintiff and Defendant are the natural parents of Nathan L. Musser, Jr., date of
birth March 17, 1988, and David A. Musser, date of birth July 6, 1989 (hereinafter, the "minor
children").
4. Certain circumstances have arisen in which Plaintiff and Defendant desire to live
separate and apart from one another.
5. On March 19, 2001
Custody of the minor children, the ' Plaintiff and Defendant entered into a Consent Agreement for
incorporated herein, original of which is attached hereto as Exhibit "A" and
6. Plaintiff and Defendant request that this Court enter an Order, in the form annexed
hereto, approving the aforesaid Consent Agreement for Custody.
WHEREFORE, Plaintiff, Linda Musser, respectfully requests that this Honorable Court
enter an Order, in the form annexed hereto, approving the Consent Agreement for Custody.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: 717-238-1100
By: MICHAEL A.~
Pa. I.D./:/58808
Attorney for Plaintiff
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LINDA MUSSER, · IN THE COURT OF COMMON PLEAS
' CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, ·
·
v. ' NO.
·
NATHAN L. MUSSER, SR.. ·
Defendant. ' CUSTODY/VISITATION
..
CONSENT AGREEMENT
FOR CUSTODY
This Agreement, made this _/~~..~-- day of /~,4~ ,2001, by and
between Linda Musser (hereinafter, "Mother") of Mechanicsburg, Cumberland County,
Pennsylvania, by and through her attorney, Michael A. Koranda, Esquire, and Nathan L. Musser,
Sr. (hereinafter, "Father"), of Mechanicsburg, Cumberland County, Pennsylvania, who is not
represented by counsel at this time.
WHEREAS, the parties are married to one another as husband and wife;
WHEREAS, the parties are the natural parents of Nathan L' Musser, Jr., born March 17,
·
1988, and presently 12 years of age, and David A. Musser, born July 6, 1989, and presently 11
years of age (hereinafter, the "minor children");
WHEREAS, certain circumstances have arisen in which the parties desire to live separate
and apart from one another;
WHEREAS, the parties desire to enter into this Consent Agreement which they believe to
be in the best interests of their minor children;
NOW THEREFORE, intending to be legally bound, the parties hereto agree as follows:
1. The parties shall have joint legal custody of the minor children. The parties shall
participate equally in all important decision regarding the well-being of the minor children.
2. Mother shall have primary physical custody of the minor children.
3. Father shall have partial physical custody of the minor children as follows:
a. Alternating weekends beginning on Friday at 7:00 p.m. and ending on
Sunday at 5:00 p.m.;
b. Alternating holidays (the parties' acknowledge the following holidays.
Easter Sunday; Memorial Day; Independence Day; Labor Day;
Thanksgiving Day; Christmas Eve [from December 24th at 12'00 noon to
December 25th at 12'00 noon]; Christmas Day [from December 25th at
12:00 noon to December 26th at 12'00 noon];
c. Father's Day;
d. Alternating weeks during the Summer when the minor children are not in
school; and
e. As such other times as the parties mutually agree.
4. The parties shall have reasonable telephone contact with the minor children at all
times.
5. The party ending his or her period of custody shall be responsible for all
transportation necessary to effectuate this Agreement.
6. Neither party shall move to a residence greater than 40 miles from the
Cumberland County Courthouse unless he or she first provides a written notice to that effect to
the other party at least sixty (60) days prior to any such move.
7. Father shall have full and complete access to the minor childrens' medical, school,
-2-
and religious records. Additionally, Father shall be listed as a contact person with any school
where the minor children are enrolled.
8. This Agreement shall remain in effect until modified by further Order of Court.
9. The parties agree to take whatever steps are reasonably necessary to effectuate the
terms of this Agreement.
10. This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania and shall not take effect until approved by the Court.
11. Each party has read this Agreement and fully understands the provisions
contained herein.
IN WITNESS WHEREOF, the parties have executed this Consent Agreement the day and
year first above written.
LINDA MUSSER
SWORN TO and subscribed before me
NOTARY PUBLIC -~-'
NATHAN L. MUSSER, SR.
SWO~x/TO and subscribed before me
this ~day o f~ h _, 2001.
ries
CERTIFICATE OF SERVICE
AND NOW, this ~2~ day of N}~.c..I4 _, 2001, I, Michael A. Koranda,
Esquire, attorney for the Plaintiff, hereby certify that I served the within MOTION FOR
APPROVAL OF CONSENT AGREEMENT FOR CUSTODY this day by:
U.S. Mail, first class, postage prepaid, addressed to'
Nathan L. Musser, Sr.
526 Hogestown Road
Mechanicsburg, PA 17055
By: EL A. KORANDA
LINDA MUSSER, ' IN THE COURT OF COMMON PLEAS
Plaintiff, i CUMBERLAND COUNTY, PENNSYLVANIA
·
V.
NATHAN L. MUSSER, SR.. i ~'
·
Defendant. ' CUSTODY/VISITATION
ORDER APPROVING CONSENT AGREEMENT
AND NOW, this ~ day of ~~~X. -
- .~_, 2001, upon consideration
of the within Consent Agreement for Custody, the following ORDER is hereby ENTERED:
1. The Consent Agreement for Custody as executed by the parties is hereby
Approved.
2. The Consent Agreement for Custody as executed by the parties is hereby
incorporated into this Order.
3. The parties are hereby directed to comply with the terms and conditions of the
Consent Agreement for Custody.
BY THE CO
--~---~------.-__~, j.
03- q-o i
., .
-: ::.i]: ! ;..i.--' (-.)'-'-;'".] ili"i
LINDA MUSSER · IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. :
NATHAN L. MUSSER, SR. : 01-1786 CIVIL ACTION LAW
DEFENDANT
: IN CUSTODY
ORDER OF COURT
·
AND NOW," .' ' Friday; July 13, 2'001' ' .. _, Ul~on consideration of the 'at'ached Complaint,
it is hereby directed that pa/-ties,.and their respective counsel appear befor~e Me!issa P. Greevy, Esq. _, the conciliator,
at 214 Senate Avenue, Suite 105, C_am~_p_ Hill, PA 17011 ' on Thursday, August 09..__~, 20___01 at 3:00 p.m.
for a Pre-Hearing Custody Conference. At such conference, an effort x~ill 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/ ~
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 heating.
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 Association
2 Liberty Avenue
Carlisle, 'Pennsylvania 17013
Telephone (717) 249-3166
LINDA MUSSER,
· IN THE COURT OF COMMON PLEAS
Plaintiff, i CUMBERLAND COUNTY, PENNSYLVANIA
·
V.
· NO. 01-1786 (CIVIL TERM)
NATHAN L. MUSSER, SR.. i
Defendant. ' CIVIL ACTION_ CUSTODY/VISITATiON
EMERGENCY MOTION TO MODIFY
PARTIAL CUSTODY ORDER
NOW COMES, Plaintiff, Linda Musser, by and through her attorneys, TOMASKO &
KORANDA, P.C., and files the within Emergency Motion to Modify Partial Custody Order, and
in support thereof, avers:
1. Plaintiff, Linda Musser, is an adult individual residing at 906 West Trindle Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, Nathan L. Musser, is an adult individual residing at 133 Old
Stonehouse Road South, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Plaintiff and Defendant are the natural parents o£ the following minor children:
Nathan L. Musser, Jr., date o£ birth March 17, 1988; and David A. Musser, date of birth July 6,
1989 (hereinafter, the "minor children").
4. By Order dated March 28, 2001, this Honorable Court approved Consent
Agreement for Custody executed by the parties. A true and correct copy o£ the Order and
Consent Agreement for Custody is attached hereto as Exhibit "A" and incorporated herein.
5. Under the terms of the Consent Agreement, the parties share legal and physical
custody o£ the minor children. The Plaintiff has majority physical custody of the minor children,
and the Defendant has the following periods of partial physical custody:
a. Alternating weekends beginning on Friday at 7:00 p.m. and ending on
Sunday at 5:00 p.m.;
b. Alternating holidays;
c. Father's Day;
d. Alternating weeks during the Summer when the minor children are not in
school; and
e. As such other times as the parties mutually agree.
4. Since the minor children are presently on their summer vacation from school, the
parties have been operating under the "Week on/week of/" partial physical custody schedule.
5. After the Consent Agreement was executed by the parties, the Defendant accepted
employment with Verdelli Farms,/nc., in Harrisburg, Pennsylvania.
6. The Defendant is required to be at Work at Verdelli Farms,/nc., from
approximately 3:00 p.m. until at least 11:30 p.m., SUndays through Thursdays, and he often stays
as late as 3:00 a.m. to Work overtime.
7. The Defendant's first week of partial physical custody was set to begin on June
10, 2001. Prior to that time, the Defendant and the Plaintiff mutually agreed to modify the
Consent Agreement so as to allow the Defendant to return the minor children to the Plaintiff
before he left for Work each afternoon. In return, the Plaintiff allowed the Defendant to have
physical custody of the minor children every week day during the SUmmer until he left for Work.
8. On June 15, 2001, the Defendant announced that he no longer intended to take the
minor children to the Plaintiff's residence before he went to Work each day. Instead, he stated
that he would take one (1) child with him to Work each day, and that the child could remain in the
"2-
Defendant's vehicle or play in his employer's parking lot until his shift had ended.
8. The Plaintiff objected to the Defendant's proposed course of action, and suggested
that the parties simply continue following their previous informal agreement or that the
Defendant simply drop the minor children off at a relative's house on his way to work. The
Defendant rejected the Plaintiff's suggestion and affirmed his stated intention of taking a child to
work with him each day.
9. The Plaintiff believes, and therefor, avers that the Defendant's
action places the m' · . . proposed course of
mot children ~n ~mminent physical and emotional jeopardy. The minor
children would be forced to spend up to twelve (12) hours a night during the Summer months in
or around a vehicle parked at an establishment in Harrisburg, Pennsylvania. Even if the minor
children could somehow find a way to eat or sleep in the Defendant's vehicle during this period
of time, their lives would be significantly disrupted by such a preposterous course of action.
10. The Plaintiff requests an Order from this Honorable Court modifying the Consent
Agreement for Custody so as to prohibit the Defendant from exercising partial physical custody
over the minor children during his working hours. The Plaintiff has no objection to keeping the
minor children with her while the Defendant is required to work and returning them to the
Defendant the next morning.
WHEREFORE, Plaintiff, Linda Musser, respectfully requests that this Honorable Court
enter an Order, in the form annexed hereto, modifying the Consent Agreement for Custody.
-3-
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: 717-238-1100
MICHAEL A. KORANDA
Pa. I.D. #58808
Attorney for Plaintiff
-4-
LINDA MUSSER, · IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, ·
· NO. o~-/??/=,
·
NATHAN L. MUSSER, SR.. ·
·
Defendant. ' CUSTODY/VISITATION
AND NOW, this ~.,~*h day ot'~ ~~~ ,2001 upon consideration
of the within Consent Agreement for Custody, the following ORDER is hereby ENTE~D:
1. The Consent Agreement for Custody as executed by the parties is hereby
Approved.
2. The Consent Agreement for Custody as executed by the parties is hereby
incorporated into this Order.
3. The parties are hereby directed to comply with the terms and conditions of the
Consent Agreement for Custody.
BY THE COURT,
TRUF. COPY FROM RECORD
In Test:r,;(:p.,:., ::.,.:,, ,'.:,al,: ~--:-.ca t;n,o set my han~
.... . . . .. ~ , 4.~
~ he se~i o' '-:d Courf, ", '
-~ : ~.' "'.t C;Jr~i.le,
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·
· 1N THE cOURT OF coMMON PLEAS
LINDA MUSSER, . cuMBERLAND coUNTY,PENNSYLVANIA
·
Plaintiff,
·
· NO. (-> c:> o
-7.~
· ~'~', :".' ~
-7..- .... ?- ....
NATHAN L. MusSER, SR.. /¥ISITATION 7..-':~:'-" .r,o .'-~c_,
·
cUSTODY ,~....~ .
.-- . - .'.-'.'.:.!
~...., .... ,..~.o.
· r-..; ~-~.
Defendant. -:.'.:.-. -.-,,- . ', ·
cONSENT AGREEMENT '-'"::
.~- : ee
· .-.,, 2001 bY
This Agreement, made this ~ day of ~~__-~-~~--~~~'~-~-' '
between Linda Musser (hereinafter, ,'Mother") of Mecbanicsburg, Cumberland County,
Pennsylvania, by and througl~ her attorney, Michael A. Koranda, Esquire, and Nathan L. Musser,
Cumberland County, Pennsylvania, who is not
Sr. (hereinafter, Father ), of Mechanicsburg,
represented by counsel at this time.
. WHEREAS, the parties are married to one another as husband and wife'
WHEREAS, the parties are the natural parents of Nathan b. Musser, Jr., born March 17,
1988, and presently 12 years of' age, and David A. Musser, born July 6, 1989, and presently
years of age (hereinafter. the "minor children"):
WHEREAS, certain circumstances have arisen in which the parties desire to live separate
and apart from one ~nother;
WHEREAS, the parties desire to enter into this Conscnt Agreement which they believe to
be in the best interests of their minor children;
NOW THEREFORE, intending to bc legally bound, thc partics hereto agree as follows:
1. 'l'hc parties shall I~avc joint legal custody of tl~c minor cl~ildrcn. 'l'hc parties shall
participate equally in all important decision regarding the well-being of the minor children.
2. Mother shall have primary physical custody of the minor children.
3. Father shall have partial physical custody of the minor children as follows:
a. Alternating weekends beginning on Friday at 7:00 p.m. and ending on
Sunday at 5:00 p.m.;
b. Alternating holidays (the parties' acknowledge the following holidays: '
Easter Sunday; Memorial Day; Independence Day; Labor Day;
Thanksgiving Day; Christmas Eve [from December 24t1~ at 12:00 noon to
December 25th at 12:00 noon]; Christmas Day [from December 25th at
12'00 noon to December 26th at 12'00 noon];
c. Father's Day;
d. Alternating weeks during the Summer when the minor children are not in
school; and
e. As such other times as the parties mutually agree.
4. The parties shal'l have reasonable telephone contact with the minor children at all
times.
5. The party e~ding his or her period of custody shall be responsible for all
transportation necessary to effectuate this Agreement.
6. Neither party shall move to a residence greater than 40 miles from the
Cumberlanc! County Courthot~se unless he or she first provides a written notice to that effect to
the other party at least sixty (60) days prior to any such move.
7. Father shall have R~II and complete access to the mil~or childrens' medical, school,
-2-
and religious records. Additionally, Father shall be listed as a contact person with any school
where the minor children are enrolled.
8. This Agreement shall remain in effect until modified by further Order of Court.
9. The parties agree to take whatever steps are reasonably necessary to effectuate the
terms of' this Agreement.
10. Tiffs Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania and shall not take effect until approved by the Court.
11. Each party has read this Agreement and fi~lly understands the provisions
contained herein.
IN WITNESS WHEREOF, the parties have executed this Consent Agreement the day and
year first above written.
LINDA MUSSER
SWORN TO and subscribed before me
this ] e:/.. day of ~~~~___~~~i._, 2001.
NOTARY PUBLIC
·
' ' u[~r/os .,.---'-"'" .... ~....
~ .... ...__,__.,,,,~..-,~. fi:~
NATHAN L. MUSSER, SR. -
SWORN TO and subscribed befbre me
thi ./_q._ or' 2oo .
·
,,(.. ~, .,...
I 8ih,~"~'".fu' ~rar~'e"r: o, ual
~tofary - 3-
~};~ &_'2'P2 Con '~q. Coumv
"-~---- ' ',:~StOn
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06/22/2001 07-40 FAX 717 766 8719 DELTA DENT. AL
VERIFICATION-
1 ,~crify that ~¢ ~tatemcnt$ made in the attached EMERGENCY MOTION TO
MOl)WY PARTIAL CUSTODY ORDER arc true and correct to the best of my kmowlcdg¢,
information and belief. I understand that false statements herein are made subject to penalties of
Pa. C.S. §4904 relating to unswom falsification to authorities.
CERTIFICATE OF SERVICE
AND NOW, thisbe/day of '~~ ,2001, I, Michael A. Koranda,
Esquire, attorney for the Plaintiff, hereby certify that I served the within EMERGENCY
MOTION TO MODIFY PARTIAL CUSTODY ORDER this day by:
U.S. Mail, first class, postage prepaid, addressed to'
Nathan L. Musser, Sr.
133 Old Stonehouse Road South
Mechanicsburg, pA 17055
MICHAEL A. KORANDA
> 0
,-] ~
AUG 0 ~ 20~
LINDA MU$$ER, · IN THE OOURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
·
vs. · NO. 01-1786
NATHAN L. MUSSER, SR., · CIVIL ACTION - LAW
Defendant · CUSTODY
ORDER TO RELINQUISH J~JRIS_nlCTIOi~,
AND NOW, this 31st day of July, 2001, the Conciliator, having been notified that the
parties have reached an agreement and having received a request that the Conference
scheduled for August 9, 2001, be therefore canceled, hereby relinquishes jurisdiction of the
above-referenced matter.
FOR TH//~,
e~iss'a Peel Greevy, Esquire
Custody Conciliator
LINDA MUSSER, · IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, ·
·
v. ' NO. 01-1786 (CIVIL TERM)
NATHAN L. MUSSER, SR.. ·
·
Defendant. · CIVIL ACTION- CUSTODY/VISITATION
PRAECIPE
TO THE PROTHONOTARY:
Kindly mark Plaintiff's Emergency Motion to Modify Partial Custody Order
WITHDRAWN.
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: 717-238-1100
MICHAEL A. KORANDA
Pa. I.D. #58808
Attorney for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this ~4,( day of /9~~~ ,2001, I, Michael A. Koranda,
Esquire, attorney for the Plaintiff, hereby certify that I served the within PRAECIPE this day by'
U.S. Mail, first class, postage prepaid, addressed to'
Nathan L. Musser, Sr.
133 Old Stonehouse Road South
Carlisle, PA 17013
Melissa P. Greevy, Esquire
214 Senate Avenue, Suite 105
Camp Hill, PA 17011
By
MICHAEL A. KORANDA