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HomeMy WebLinkAbout95-04639 ~ ^:'-" S ..... t 7' E ....... (.. ~ E: ~ J (, ',' 0"- CV) J ',' " .....~..;.-.. ;/.. ~...-t..;.-. . .'_u, ,'," Thomas E. Chaffins, Esq. COURT ADMINISTRATOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013 ~J'. ,J., . i(~i1 .: 0.3 2': : Ij~ : flP ":".!J1 : 1155054 U.S. PnsTAGI! : 'O,iP. " , .... ... j," Sanda Sue Mortensen ~ ..... Calle Amanecer~r~\' leme~ ~~'73 t-lO"t" ~ ""04 \~ .b.~532::.. " .....,. !"~ " . .~. . RETURN &:.;f L TO SENDER ATTEMPTED . NOT (,HOWN . ' , ~-~ ,. " " <l267:!WAitlJ'7! 111,11I11,11I111111111111,1111,1111,111,1111,11I11111111111I11 . ' ,-,;;' ," ;.,.,.- -, -"~''''''''''''''-''''~',(~'"&;:''i''~':'.:~k-'';'~~~'':~'z..._~','-..,~,;.,";.,~,..!.",./........__;.,~.;,....J:,..,~'",~.;,-",..,,,. '. -;:''""- .' . . . .....'"";...,...,.-"'..--,...+"'.~ ~.;#""-~'" ....,..-, "..- < " , c' . - ~n L .: ~4.:.~.4'M~.--_~~ .~ .""~'.'O~~11r.'~lCliJ~,__...,.~__.__=... ..', !:!(""" ,..,...', r (i. .... ;.- . , ' - ,.,(-... ---._~ ~.- (' I ~ .~ " 'Ili.'} ~,t ~\Q,~ , \~ f t0~ \ \ \ \ \ .~,._-- ......,.~~_. -, ,..~ '~U~\ ,fy <} , \ \ .t A , \ .t - \ \ \ ~ ~ .v.....,..;;,.... ""'0,," " , .....w, """.." ~.....,._~..,.,i:;"":. ,"_ ~\"';\""" ...,....., .. . ;.~ .. ,',. "0. ,'. .. .. .. - . ' , I . JIM D. MORTENSEN and DARLA H. MORTENSEN, Plaintiff vs. SANDA SUE MORTENSEN, Defendant 4 ~ ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4639 CIVIL TERM CIVIL ACTION - CUSTODY ORDER AND NOW, this Jri..tJ... day of J:)R.r.-Ltv ,1995, upon consideration of the attached Custody Conciliation Report, It is ordered and directed as follows: P,lmary custody of the minor child, Tarah Nicole Mortensen, d.o.b. 19 April 1983, is granted to her maternal grandparents, Jim D. and Daria Mortensen. Either party may request a hearing on this matter in the event that the Custody Complaint and Order are successfully served upon the natural mother, Sanda Sue Mortensen. Joseph L. Hitchings, Esquire Ms. Sanda Sue Mortensen mlb BY THE COURT, , ~ { ~, I.d ..J~d- &'Lo,~ J. TRUE C~py FROM RECORD In Tcstim~:1Y \ h r:,af. I h. r,' 1):1!0 set my hand and the seal of sa:d (0'1rl at Carli!lc Pa :tJ.. ' . lhis H.13 H ,day of.f0,g~,:"" 19.9.f. __H'~~'~;~~~\n_""'" \ . ~ . vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JIM D. MORTENSEN and DARLA H. MORTENSEN, Plaintiff SANDA SUE MORTENSEN, Defendant NO. 95-4639 CIVIL TERM CIVIL ACTION - CUSTODY JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), 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 BIRTHDATE CURRENTLY IN CUSTODY OF Tarah Nicole Mortensen 19 April 1983 Plaintiffs/Grandparents 2. A Conciliation Conference was scheduled for 7 December 1995, 3. Items resolved by agreement: None. 4. Issues yet to be resolved: None currently. 5. The Plaintiffs' position on custody Is as follows: The Plaintiffs are the grandparents and need to have a custody order so that insurance can be obtained for the child. 1 , ,- 6. The Defendent's position on custody Is as follows: Unknown. 7. Need for separate counsel to represent child: None requested and the Conciliator does not believe It Is necessary. 8. Need for Independent psychological evaluation or counseling: None requested and the Conciliator does not believe It Is necessary. 9. Other matters and comments: This Is an unusual case. The grandparents have had custody of their 12 year old granddaughter since 1989. The grandfather was recently transferred to Pennsylvania. The natural mother continues to reside In California. The natural mother turned the child over to the grandparents because of recurring drug addictions. Apparently the natural mother essentially lives on the streets. The parents have sporadic contact with their daughter. Their daughter Indicated to them that she would sign a stipulation so that they could obtain custody. Their attorney forwarded a custody stipulation to her in California at the grandfather's last business address, but she has failed to pick the stipulation up, She also has had no contact with the parents since that date, which was some time In September, 1995. The grandfather needs to have a custody order so that he can obtain health Insurance for the minor child. An order granting him custody wlli not prejudice the 2 r OIOOSI-OOOOI/Au~u.128, 1995IJLH/MH/46098 1M D, MORTENSEN and ARLA H. MORTENSEN. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO, 95- 4 ~ 37 CIVIL TERM CIVIL ACTION - CUSTODY Plaintiffs Y5. ANDA SUE MORTENSEN. Defendanl ORORR OF COURT AND NOW, upon consider...illn of lhe allached Complaint. it is hereby directed that the parties and their respective counsel appear hefllre M ic. \.-C<f' L go 'l'.IS t-~,. . the Conciliator, on the aj1JJday f Octcbe'l'" . 1995. at L/ P.m. L"!Jffi.~-.18"h51:(N,pH,I'Af)or of the ClIl"'hprland County CllllrlhllU~9 I f"nllrthllll<p '>IIUUV, C'lrlirle, Pennsylvania, fllr a Pre-Hearing Cuslody Conference. At such conference, an effort will he made to resolve the issues and disputes; or if this cannot be accomplished. to define and narrow the issues III he heard by the Courl, and to enler into a temporary Order. All children age five or older ~ralso be present at Ihe conference. Failure III appear at the cllnference may provide grounds for entry of a lemporary or permanent Order. For Ihe Court. By: ~ttc:h ~cL,i J..,g..etn'i1..Jf'~( Custody ConclIialor ~. I YOU SIIOUI.D TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORO ONE, GO TO OR TELEI'1I0NE TilE OFFICE SET FORTH BELOW TO FIND om WIIERE YOU CAN G1IT LEG,\L IIEI.I'. Cuurt Adminisualllr Cumherl:md County Cllurlhouse I CllUllhlluse Square C.lrlisle. Pennsylvania 17013.3387 Telephone: (717) 2~0.6200 SEP 6 2 57 PH '95 Of T:I ~ '-I~~' 9' flCE CIJ/04i. rr L'i ~~fOHj '. 4"" tlO b ."lJ f', ' ,,,N,, <'t. c, :./ J t ."" f. fj.~ .f~ cd . t~ ,II,4Jb ~ 4 ~ tJ'6.' 'if 7f~ Pta:Jb. ~ t/d;f 9'(; 7f (o/1;k/.-. ,J. ~YU. OIOO~I.OOOOII^u~u.t :8, 199"JLlI/MII/46098 . . 6. The relationship of the Pl:lintiffs to the minu, child is that of maternal grandparents. The Plaintiffs currenlly reside with the folluwing persons: ~ Relationshin Granddaughter Tarah Nicule Monensen 7, The relalionshipof Defendant to Ihe minor child Is that of mother. II is unknown with whom the Defendanl currently resides. 8. During Ihe pasl five (5) years, the minor child has resided with Ihe following persons and at the following addresses: ~ Address Period of Time Jim D. Monensen Daria H. Monensen 28232 Paseo Andante San Juan Capistrano, CA 92675 April 1989-July 1995 Jim 0, Monensen Daria H. Monensen 1312 Kiner Boulevard Carlisle, PA 17013 July 1995 to present 9. The Plaintiffs have nut paniclp:lled as a pany or witness, or in another capacity, in other litigation cuncerning the cuslUdy of the child in this or another coun. 10, The Plaintiffs have no informatiun of a custody proceeding concerning the child pending in a coun of Ihis Communwealth. II. The Plaintiffs do nul knuw uf a person nut a pany to Ihe proceedings who has physical custody of the child or claims tu have custudy or visiulliun rights with respect to the child. 12. Each knuwn pllrent whuse parental rights to the child have not been terminated and the persons who have physlc;d custody of the child hllve heen mImed as pllnies to this action. OIOO51-0000I/Au~u.1 ~8, 1995/ILH/MII/46098 . , 13. The hesl Inlere.~t ami permanenl welfare of the child will be served by granting the relief requested because Plaintiffs are the minor child's primary custodians and care givers and such a custody orde, would officially confirm Ihe panle.~' arrangements. WIIBRBFORB, Plaintiffs, Jim D. Monensen and Daria H. Monensen, respeclfully ,equest this Coun to grant them primary physical custody of Iheir minor granddaughler, Tarah Nicole Monensen. Respeclfully submiued, JOHNSON, DUFFIE, STEWART & WEIDNER Date: i'-~ S~ q ~ By: seph L. Hllchings I\uorney I,D, No. 65551 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Auorneys for Plainllffs OIOO"-f)OOOIIAuGu.117, 1995IJLH/MIl/46098 . VP.RIFICATION , J ,... We, :ktme6 0, Mortensen and Daria H, Murtensen, verify thai the statements made in the foregoing Complaint for Cuslody are true and correct to the best of our knowledge, Infurmatlon and belief. We understand that false stalements herein are made subject 10 the penalties of 18 Pa.C.S. 64904 ,elating 10 unsworn falsllicallon 10 authorities, Date: ~() ~ I ~7)"" , Dale: 'J<J A-u/. J9C;J/ Lf~ ~~ >J Daria H. Mortensen JIM D. MORTENSEN and DARLA H, MORTENSEN, Plaintiff vs, SANDA SUE MORTENSEN, Dafendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4639 CIVIL TERM CIVIL ACTION. CUSTODY ORDER AND NOW, this I :dL day of i),.u ~., t ,d , 1995, upon consideration of the atteched Custody Conciliation Report, it is ordered and directed as follows: Primary custody of the minor child, Tarah Nicole Mortensen, d.o,b. 19 April 1983, is granted to her maternal grandparents, Jim D. and Daria Mortensen. Either party may request a hearing on this matter in the event that the Custody Complaint and Order are successfully served upon the natural mother, Sanda Sue Mortensen. BY THE COURT, J. Joseph L, Hitchings, Esquire _ ~ .-n\.<'...:e...t Ms. Sanda Sue Mortensen ~-lJ I ;)'/''1 I 9,)-' MI1'. \ "'V'I"]I"""\" 1':1 i,j, ,i. ,,: '(;'\;' .uJ"r - , - " ~0') I'" ",,"" I~"-''''n'' II ,-...... "'" ;(.;::;::.. -\ IV mlb G I :011;'1 C I :U.! ~G Ab';:!.C,':C;.IJG:d :l.ll .'0 :J:)!jJO-G3i::J ~ 6. The Defendant's position on custody Is as follows: Unknown. 7. Need for separate counsel to represent child: None requested and the Conciliator does not believe it is necessary. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe it is necessary, 9. Other matters and comments: This is an unusual case. The grandparents have had custody of their 12 year old granddaughter since 1989. The grandfather was racently transferred to Pennsylvania. The natural mother continues to reside In California. The natural mother turned the child over to the grandparents because of recurring drug addictions. Apparently the natural mother essentially lives on the streets. The parents have sporadic contact with their daughter. Their daughter indicated to them that she would sign a stipulation so that they could obtain custody. Their attorney forwarded a custody stipulation to her in California at the grandfather's last business address, but she has failed to pick the stipulation up. She also has had no contact with the parents since that date, which was some time in September, 1995. The grandfather needs to have a custody order so that he can obtain health insurance for the minor child. An order granting him custody will not prejudice the 2 rights of the mother to open up the matter in the event that she shows any desire to reacquaint herself with her daughter. Date: 11 December 1995 ~ujJ { ~2 Micliael L, Bangs Custody Conciliator 3