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Home My WebLink About07-7059CHRISTOPHER C. LEMANSKE, Plaintiff V. CARMEN L. JOHANSSON-HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07- 9,0, 5? CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Christopher C. Lemanske, hereinafter referred to as Father. Father resides at 103 East Main Street, Apartment 4, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Carmen L. Johansson-Harris, hereinafter referred to as Mother. Mother resides at 386 Mannsville Road, Elliottsburg, Perry County, Pennsylvania, 17024. 3. Father seeks periods of partial custody of the minor child: Name Present Residence Age Alyssa Lemanske 386 Mannsville Road 5-18-05 DOB, -2 1/Z years old Elliottsburg, PA Alyssa was born out of wedlock. Alyssa is presently in the custody of Mother. During her lifetime, Alyssa has resided with the following persons and at the following addresses: Name Address Date Christopher Lemanske 3308 Enola Road Birth - 9/05 Carmen Johansson-Harris Carlisle, PA Akala Johansson Christopher Lemanske 103 East Main Street 9/05 - 1/06 i Carmen Johansson-Harris Newville, PA Akala Johansson (Tremaine Harris for about 1 month) Carmen Johansson-Harris 103 East Main Street 1/06 - 2/06 Akala Johansson Newville, PA Carmen Johansson-Harris 76 Main Street 2/06 - spring 2007 Akala Johansson Plainfield, PA (various unknown boyfriends) Carmen Johansson-Harris 386 Mannsville, Road spring 2007 - present Akala Johansson Elliottsburg, PA Doug (unknown last name) Doug's two biological children Infant Child of Doug and Carmen The parties are no longer in a relationship. 4. Mother resides with the following persons at the Arch Street address: Name Alyssa Lemanske Akala Johansson Doug (unknown last name) Unknown Child Relationship Daughter with Plaintiff Daughter from prior relationship Boyfriend Boyfriend's child Unknown Child Boyfriend's child Unknown Child Child of Defendant and Boyfriend 5. Father currently resides with the following persons: Name Yvonne Cooper Relationship Paternal Grandmother 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Alyssa in this or another court. 7. Father has no information of a current custody proceeding concerning Alyssa pending in a court of this Commonwealth. 8. Father does not know of a person not a party to the proceedings who has physical custody of Alyssa or claims to have custody or visitation rights with respect to Alyssa. 9. The best interest and permanent welfare of Alyssa will be served by granting the relief requested for reasons including, but not limited to the following: a) When Alyssa was born, Father was actively involved in caring for her and shared in the primary caretaking duties because Mother began working six weeks after Alyssa's birth. b) Father lives with his mother who will allow Father to exercise his periods of partial custody at her home. This home is a safe and stable environment where Alyssa can spend time with her Father and her relatives from his side of the family. c) Father is willing and able to care for Alyssa during periods of partial custody and he is committed to re-establishing and nurturing a healthy father/daughter relationship with her. d) Father is willing to work with Mother to co-parent Alyssa and will communicate with Mother to best serve Alyssa's interests. e) Mother has not acted in Alyssa's best interest in ways including but not limited to the following: i) Mother unilaterally and arbitrarily decided that Father could not visit with Alyssa and has refused to speak to Father about Alyssa. Mother's animosity towards Father and her subsequent refusal to allow Father custodial time with Alyssa coincided with Mother learning that Father is involved in a new relationship. When Father last called to ask about Alyssa and to schedule time to visit with her, Mother became confrontational and disconnected the call then reported Father for harassment. 0 iv) Mother moved to Perry County and refused to provide Father with an address or any other information about Alyssa's whereabouts. Father has spent several months trying to obtain Mother's address. This was finally accomplished through Father's counsel. V) Mother has deliberately acted in a manner to interfere with, if not prohibit, Father from re-establishing his relationship with Alyssa. 11. Every person with rights to custody or having actual physical custody of Alyssa has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1) Grant the parties shared legal custody of Alyssa. 2) Grant Mother primary physical custody of Alyssa. 3) Grant Father periods of partial custody with Alyssa. 4) Establish a holiday schedule to ensure that both parents are able to celebrate with Alyssa. 5) Any further relief that this Court finds to be just and proper. Respectfully submitted, AJS ca 6Holst, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, CHRISTOPHER C. LEMANSKE, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: I I -I-1 Chri opher C Lema ske 0 % I I CHRISTOPHER C. LEMANSKE, Plaintiff V. CARMEN L. JOHANSSON-HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Carmen L. Johansson-Harris with a Complaint For Custody on NW"r y 2 J , 2007 by certified mail, return receipt, restricted delivery, to the person and addresses below: Carmen L. Johansson-Harris 386 Mannsville Road - Apartment 4 Elliottsburg, PA 17024-8906 Date: k k - 3-1. cq Signature: i H T M Ff 0 CHRISTOPHER C. LEMANSKE, Plaintiff V. CARMEN L. JOHANSSON-HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- 1059 CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Christopher C. Lemanske, Plaintiff, to proceed in forma au ens. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. A#W- Jessica Hoist, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 i 0 i" '?' f77 INS Iu A ? CHRISTOPHER C. LEMANSKE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CARMEN L. JOHANSSON-HARRIS DEFENDANT 2007-7059 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, December 03, 2007 , 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 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January. 03, 2008 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. 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/ Hubert X. Gilroy, Esq. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r' -} l jt vt.. 1 r? l c G -v za/tr/v C3.6 W ?- 330 LOOZ JAN 0 9 2008 e' /4 CHRISTOPHER C. LEMANSKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7059 : CIVIL ACTION - LAW CARMEN L. JOHANSSON-HARRIS, Defendant : IN CUSTODY COURT ORDER AND NOW, this Pi' day of January, 2008, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. 2. 3. 4. 5. The father, Christopher C. Lemanske, and the mother, Carmen L. Johansson-Harris, shall enjoy shared legal custody of Alyssa M. Lemanske born May 18, 2005. The mother shall enjoy primary physical custody of the minor child. The father shall enjoy temporary physical custody of the minor child as follows: (a) For the first four weeks, on an alternating week basis, for one day a week from 2:00 p.m. until 7:00 p.m. Father shall notify mother by Thursday of the week preceding when he shall have custody as to which date he shall exercise custody with the understanding that he may not chose Wednesday. (b) After four weeks of the above, father's temporary custody shall be on a weekly basis. (c) Prior to initiating the above schedule, the parties shall meet for dinner or some other mutually agreeable location in order to introduce Alyssa back to her father and to make her a bit more comfortable starting the visitation schedule with her father. (d) Until further Order of Court or agreement of the parties, father shall exercise custody of the minor child in the presence of his mother. Both parties shall exchange contact information of telephone numbers, etc., to ensure that they may contact each other to arrange custody exchanges and other issues. Unless agreed otherwise by the parties, exchange of custody shall take place at the Sheetz store at the intersection of Route 11 and Allen Road in Carlisle. 6. Legal counsel for the parties shall conduct a telephone conference call with the Conciliator on the 6" day of March, 2008 at 10:30 a.m. At that time, the custody situation shall be evaluated. In the event custody has gone well, it is anticipated that father's periods of custody with the minor child will be expanded on a graduated basis to, hopefully, a somewhat standard visitation schedule of alternating weekends, holidays, etc. 7. In the event there are any problems with this Custody Order, legal counsel for the parties may contact the Conciliator directly to schedule another telephone conference call in advance of the conference call scheduled above, after which the Conciliator may recommend an appropriate Order to this Court. BY THE COURT, Judge cc: Jessica Hoist, Esquire Vincent M. Monfredo, Esquire P /iY/og -tRI `?Q I VV, ? 1 N V r E- ?OjoZ _j ML y 4 r CHRISTOPHER C. LEMANSKE, Plaintiff, V. CARMEN L. JOHANSSON-HARRIS, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7059 CIVIL ACTION - LAW 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: Alyssa M. Lemanske born May 18, 2005. 2. A Conciliation Conference was held on January 3, 2008, with the following individuals in attendance: The father, Christopher C. Lemanske, with his counsel, Jessica Holst, Esquire, and the mother, Carmen L. Johansson-Harris, with her counsel, Vincent M. Monfredo, Esquire. 3. Based upon the recommendation of the Custody Conciliator, the parties agree to the entry of an Order in the form as attached. Date: January B--, 2008 Hubert X. ilroy, Esquire Custod Conciliator MAY - 7 2008 CHRISTOPHER C. LEMANSKE, Plaintiff, v. CARMEN L. JOHANSSON-HARRIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-7059 : CIVIL ACTION - LAW : IN CUSTODY COURT ORDER AND NOW, this /Z? day of May, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of January 14, 2008, shall remain in effect, except for Paragraph 3(d) of the January 14, 2008, Order which is eliminated such that Father no longer has a restriction of supervised visitations with the minor child. BY THE COUR , Kev' A. Hess, Judge cc: " Jessica Holst, Esquire ? Vincent M. Monfredo, Esquire 126FI?s M.&ILL s/?3/d8 tTrn no so - .6 j ?vw 8001 AHVj()i'qvl !_("d AI 10 r CHRISTOPHER C. LEMANSKE, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-7059 : CIVIL ACTION - LAW CARMEN L. JOHANSSON-HARRIS, Defendant. 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: Alyssa M. Lemanske born May 18, 2005. 2. The Conciliator conducted a telephone conference with legal counsel for the parties on May 1, 2008, and, based upon that conference, the Conciliator recommends an Order in the form as attached. Date: May o? , 2008 A?-J,4 Hubert X. Gilroy, squire Custody Concil' for