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HomeMy WebLinkAbout06-6365 BRENDA LEEN, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06- ~ 3 {,~ CIVIL TERM TIMOTHY LEEN, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Brenda Leen, hereinafter referred to as Mother. Mother's permanent residence is 241 Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, 2. Defendant is Timothy Leen, hereinafter referred to as Father, residing at 5033 Woodbox Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055, 3. Mother seeks a schedule for partial custody of the minor children: Name Spencer Timothy Leen Present Residence 5033 Woodbox Lane Mechanicsburg, P A 17055 Age 1/1/90 DOB, 16 years old Alexander Nicholas Leen 5033 Woodbox Lane Mechanicsburg, P A 17055 8/26/93 DOB, 13 years old Spencer and Alexander were born of while the parties were married, Spencer and Alexander are presently in the custody of Father. During Spencer's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Brenda Leen Timothy Leen S. Washington Street Mechanicsburg, P A birth - 2/90 Brenda Leen Timothy Leen Glen Falls, NY 2/90 - 2/91 Brenda Leen Timothy Leen Dillsburg, P A 2/91 - 2/92 Brenda Leen Timothy Leen Lemoyne, P A 2/92 - 8/26/93 Brenda Leen Timothy Leen Alexander Leen Lemoyne, P A 8/26/93 - early 1995 Brenda Leen Timothy Leen Alexander Leen Mechanicsburg, P A early 1995 - 8/99 Brenda Leen Timothy Leen Alexander Leen Camp Hill, P A 8/99 - early 2002 Timothy Leen Alexander Leen Camp Hill, P A earl y-2002-mid- 2002 Timothy Leen Alexander Leen John Leen Nancy Leen 5033 Woodbox Lane Mechanicsburg, P A mid-2002 - present During Alexander's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Brenda Leen Timothy Leen Spencer Leen Lemoyne, P A birth - early 1995 Brenda Leen Timothy Leen Spencer Leen Mechanicsburg, P A early 1995 - 8/99 Brenda Leen Timothy Leen Spencer Leen Camp Hill, P A 8/99 - early 2002 Timothy Leen Spencer Leen Camp Hill, P A early-2002-mid-2002 Timothy Leen Spencer Leen John Leen Nancy Leen 5033 Woodbox Lane Mechanicsburg, P A mid-2002 - present 4. Mother currently resides with the following persons: Name Charles Hamson Relationship Fiance 5. It is believed that Father currently resides with the following persons: Name Relationship Spencer Leen Alexander Leen John Leen Nancy Leen Parties' Son Parties' Son Paternal Grandfather Paternal Grandmother 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Spencer and Alexander in this or another court. 7. Mother has no information of a custody proceeding concerning Spencer and Alexander pending in a court of this Commonwealth. 8. Mother does not know of a person not a party to the proceedings who has physical custody of Spencer and Alexander or claims to have custody or visitation rights with respect to Spencer and Alexander. 9. The best interest and permanent welfare of Spencer and Alexander will be served by granting the relief requested for reasons including, but not limited to the following: a) Mother has a safe and appropriate home environment where she can exercise periods of partial custody with Spencer and Alexander. b) Mother lived with Spencer, Alexander and Father as a family unit from the time the boys were born until her separation from Father. She has developed close relationships with both children and believes it is important to have consistent time with both boys to maintain those relationships. c) For at least two months following the parties' separation, Mother went to Father's home on a daily basis to spend time with the boys and continue to co- parent them. During those visits, Mother was able to nurture her relationships with both boys and remain actively involved in their lives. d) Mother is willing and able to continue to be active involved with the boys as well as with their educational activities, extra-curricular activities, and other such endeavors. e) Father has not acted in Spencer's and Alexander's best interests in ways including but not limited to the following: i) Father has been arbitrary in deciding when and if Mother can visit with Spencer and Alexander. ii) Father does not communicate with Mother to co-parent the children and makes decisions about the boys without Mother's input. Mother is concerned that some of these decisions are ill- advised. iii) Father does not permit Mother to have reasonable telephone contact with the boys but harasses her almost daily by telephone in regard to Mother's boyfriend. iv) Father's refusal to allow Mother to participate In decisions regarding the boys and maintain consistent contact with the boys negatively interferes with her mother/son relationships and diminishes her ability to co-parent the boys. 10. Each parent whose parental rights to Spencer and Alexander have not been terminated and the person who has physical custody of Spencer and Alexander have been named as parties to this action. WHEREFORE, Mother requests this Court to grant her periods of partial physical custody and shared legal custody of Spencer and Alexander. Mother further requests any other relief that is just and proper. Respectfully submitted, Ie sica Ho st, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, P A 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Brenda Leen, 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. 94904, relating to unsworn falsification to authorities. Date: } 0 ~ /9 -- OG 'i5~/h~ ~A-j Brenda Leen BRENDA LEEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 06- CNIL TERM TIMOTHY LEEN, Defendant CUSTODY AFFIDA VII OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Timothy Leen with a Complaint For Custody on 10' 3 \ , 2006 by certified mail, return receipt, restricted delivery, to the person and address below: Timothy Leen 5033 Woodbox Lane Mechanicsburg, P A 17055 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: \ 0, ~ \ ' C)\..9 Signature: }':... ~ ~ (") C~: <.' ,....., = ':7.':"1 c-, () " -I :1: -n rn f'~"' rr. Q .L ( 1 ~ "i. . ? (S (~)rn --l -.r:- :;.) -< C.J (-:J --I (,,) -0 C) (,) ~... o BRENDA LEEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06- lP31t5 CIVIL TERM TIMOTHY LEEN, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Brenda Leen, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing fre legal services to the party. Je sic olst, uire IdPenn Legal Services 401 East Louther Street Carlisle, P A 17013 (717) 243-9400 () c ;;~., r;; t-...;) {.:.::1 <:":::'.:t <::1"0 a cJ --; o 11 ;:f ,,"1 ttfF': fI! '--) I (J , ' --f-" ('5 in <..) ::2 w c...., ..-. - BRENDA LEEN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-6365 CIVIL ACTION LAW TIMOTHY LEEN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 09,2006 , 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 Friday, December 15, 2006 at 8:30 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. 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 hearinl!;. FOR THE COURT. By: Isl Hubert X GiJro 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 A TTORNEY AT ONCE. IF YOU DO NOT HA VE 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 -~~'II~~~ '-W l' ~ ~u, ?~X ~ ~~^r'J ?t.?- /-e./! 1~ 'Je,/! 1r/-/e-j1 ~s:s Hd 12i\m19GOl .- , . JAN 18 2007~ 7 BRENDA LEEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 06-6365 CIVIL ACTION - LAW TIMOTHY LEEN, Defendant IN CUSTODY COURT ORDER AND NOW, tbis j ttJlt day of January, 2007, upon consideration of tbe attacbed Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Timothy Leen, shall enjoy legal and primary physical custody of Spencer T. Leen, born January 1, 1990, and Alexander N. Leen, born August 26, 1993. 2. The Mother, Brenda Leen, shall enjoy reasonable periods of temporary custody with the minor children at such times as agreed upon by the parties. Father shall encourage the children to visit with the Mother and to form a meaningful relationship with the Mother. However, in the event one or both children vigorously oppose visitation with the Mother, this Order shall not subject Father to any contempt proceedings. 3. The parties shall meet again with the Custody Conciliator on Thursday, March 29, 2007 at 9:30 a.m. for another custody conciliation conference to determine how the custody proceedings are being handled. In the event counsel for the parties agree this conciliation conference could be held via telephone, they may contact the Conciliator in advance to schedule a telephone conference call. Judge Cc: ~ssica Holst, Esquire i)dhn W. Purcell, Jr., Esquire \r,;<~J l\I,:':7:';~'\~ ~",'I"I \ i,-\r[\'" ,.",~V~\ iJ ;\..1.\'" "" \1?' ~" \~~ b \ ~~f l~~1. i<-d'4.LO\'KJA.\,O'd(~JrU. :.0 -=1:)\:1:10-0:5 \\:\ J /I BRENDA LEEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 06-6365 CIVIL ACTION - LAW TIMOTHY LEEN, 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 children who are the subject of this litigation is as follows: Spencer T. Leen, born January 1, 1990 Alexander N. Leen, born August 26, 1993 2. A Conciliation Conference was held on January 11, 2007 with the following individuals in attendance: The Mother, Brenda Leen, with her counsel, Jessica Holst The Father, Timothy Leen, with his counsel, John Purcell, Esquire 3. The parties agreed to the entry of an Order in the form as attached. --- Date: January -LL-, 2007 d Hubert X. roy, Esquire Custody onciliator BRENDA LEEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW TIMOTHY LEEN, Defendant NO. 2006-6365 IN CUSTODY COURT ORDER AND NOW, this 2nd day of April, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hub rt I roy, Esquire Custody Conciliator F:\FILES\DATAFILE\GeneraI\Current\12321\Leen v Leen Conciliation Order rellnquishingjurisdiction.wpd 'f" 90 :8 ~IV 8- HdV LOOl At:N10NGrUDdd 3Hl :10 3,,",, I ''''-031Ij )''''-f! f - \ ;.~'- "- -.....