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Home My WebLink About02-2661: IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION IN CUSTODY : NO. 02 . NOTICE TO DEFEND TO THE RESPONDENTS NAMED HEREIN: You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition and Notice are served, )y entering a written appearance personally or by attorney and filing in writing with the Court your defens~ or objections to thc claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you I~y the Court without further notice fo~ any money claimed in thc Petition or for any other claim or relief requested by thc Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Two Liberty Avenue Carlisle, PA 17013 I (717)249-3166 / Le ban demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas eq las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda :r la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la c ~rte en forma escrita sus defensas o sus objectones a las demandas en contra de su persona. Sea avisado q~ ~e si usted no se deficnde, las corte tomara medidas y puede entrar una orden contra usted sin previo avl: ;o o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede pe rder dinero o sus propiedades o otros derechos importantes para usted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION IN CUSTODY COMPLAINT IN CUSTODY The plaintiff is ~k. fixtav., b~ .-~ 6~5~esiding at The defendant is ~ L 6~MA~ , residing at 2-1~ ~.ehcaoo~ LANI~ Plaintiff seeks (custody), (partial custody), (visitation) of tile following child(ren): PRESENT ADDRESS 2'1"'5 "'~ 6'~ua oo:~ NAME AGE The child(ren) (~as.)(was not) bom out of~vedlock. is presently in the custody of5Al'a~s ¢....* %~x~ 0,~ The child(ren) t- ~ ta lq A ~3 who resides at During the past five years, the child(ren) has resided with the following persons at the followin addresses: LIST OF PERSONS ADDRESSES DATES The mother of the child(ren) is re0 la ~-r~l e-¥ currently residing at o She is (s. ingl~)(married)(divorced). The father of the child(ren) is .currently residing at.~ He is (sin~)(married)(divorced). M~ea-~ ~ The relationship of the Plaintiffto the child(ren) is'.~-:~--~ ':-' ~- ~ e0,~"c~he Plaintiffcurren resides with: NAME RELATIONSHIP The relationship of the Defendant to the child(ren) is:l4~- currently resides with: NAME RELATIONSHIP · The Defem Plaintiff (l~(h~as not) participated as a party or witness, or in another capacity, in other litig, concerning the custody of this minor child(ren) in this or another court. (if so)The court, term number, and its relationship to this action is: Plaintiff (has)(h~as no~ information of a custody proceeding conceming the childl pending in a court of this Commonwealth. (if so)The court, term and number and its relatior to this action is: [ant :ion and ren) ship Plaintiff (knows)(does not know) of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such a person is: The best interest and permanent welfare of the child will be served by granting the reliefreques Each pareot~ whose pareBtal rights !o t~e ~ild have not ~een ie~inateo and the person wno physical custody of the child have been named as parties to this action. All other persons, nan below, who are known to have or claim a right to custody or visitation of the child will be gi notice of the pendency of this action and the right to Jnte~[ne: N~E ~D~SS BASIS OF CLMM :ed las ~ed WHEREFORE, Plaintiff requests this court to grant (custody)(temporary custody)(visitation}of child(ren) to the Plaintiff. he Date I verify that the statements made in this Complaint are tree and correct. I understand that false Statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Plaint~f "v / WHITNEY F. AND ELAINE M. PETI~ERSEN PLAINTIFF V. JAMES R. AND SUE ANN LEHMAN DEFENDANT : 02-2661 : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Thursday, June 06, 2002 , 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, Meehanicsburg, PA 17055 on Tuesday, June 25, 2002 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot bc accomplished, to define and narrow thc issues to bc heard by thc court, and to enter into a temporary order. All children age five or older may also be present at thc 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/ Dawn S. Sunday. Esa.~Cv'.'" Custody Concil'iator ' {J The Court of Common Pleas of Cumberland County is required by law to comply with the American~ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AIFftONO?tLO:~d P~Hi ~0 WHITNEY F. PETTERSEN and ELAINE M. PETTERSEN, Plaintiffs JAMES R. LEHMAN and SUE ANN LEHMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2661 CIVI~ TERM IN CUSTODY PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' COMPI AINT AND NOW, come Defendants, James R. Lehman and Sue Ann I,ehman, by and through their attorneys, Marylou Matas, Esquire, and Griffie & Associates, aad file these Preliminary 1 Objections to Plaintiffs' Complaint for Custody and in furtherance there°f states as follows: 1. Plaintiffs filed a Complaint for Custody on May 31, 2002, eeking visitation of their grandchild, Kadin Darius Lehman. 2. Plaintiffs' Complaint fails to state the grounds sufficient to aSsert standing to pursue a claim for visitation with the child. WHEREFORE, Defendants request your Honorable Cour~ to dismiss Plaintiffs' Complaint for lack of capacity to sue, pursuant to Pa. R.C.P. 1028(a)(5) PRELIMINARY OBJECTIONS PURSUANT 'FO PA. R.C.P. 1028(a~(5~ , 3. Paragraphs 1-2 are incorporated herein by reference as if resl ated in full. 4. Plaintiffs' Complaint fails to join the natural mother, Whi~ natural father, Jesse J. Lehman, as additional and necessary ] tey B. Pettersen, and the )efendants in this case. WHEREFORE, Defendants request your Honorable Court to dismiss Plaintiffs' Complaint for failure to join necessary parties, pursuant to Pa. R.C.P. 1028(a)(5). 10. 11. pItEI,IMINARY OBJECTIONS PURSUANT PA. R.C.P. 1028(a~(2~ Paragraphs 1 through 4 are incorporated herein by reference 70 ts if restated in full. Plaintiffs' Complaint fails to state where the child has live{ and with whom for the past five years. Plaintiffs' Complaint fails to state where the natural mother and natural father of the child reside. ~side. reside. arding other litigation rder for Custody of this · 2095, awarding primary Plaintiffs' Complaint fails to state with whom the Plaintiffs r Plaintiffs' Co .mplaint fails to state with whom the Defendant. Plaintiffs' Complaint fails to include information re concerning this child in this Court, specifically, that an child was entered on June 20, 2001, Docket Number 2001 custody of the child to Defendants. Plaintiffs' Complaint fails to state that the natural mother and natural father of the child have custodial fights to the child pursuant to the Order of Court dated June 20, 2001. WHEREFORE, Defendants request your Honorable Courti to dismiss Plaintiffs' Complaint for failure to confot-m to law or role of court, pursuant to Pa. R.C.P. 1028(a)(2). Respectfully submitted, Mary~o;a ~atas, Esquire AttorneY ~or Plaintiffs GRIFFIE & ASSOCIATE[ 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION We verify that the statements made in the foregoing document ~re true and correct. We 1 understand that false statements herein are made subject to the penaltiel of 18 Pa.C.S. Section / 4904, relating to unswom falsifications to authorities. DATE: ~UE ANN LE~ J~E~ R. LEHMAN~~ WHITNEY F. AND ELAINE M.PETTERSEN: Plaintiff · VS. JAMES R. AND SUE ANN LEHMAN . Defendant · 07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2661 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this ~ day of Janu 2003 the c ' Conciliatio · · ~, oncfliator., havin c ' n Conference originally scheduled for J 2 · g o. nti. nued the Custody une 25, 2002 pe~admg resolution of the Defendant's preliminary objections, and having received no further requests from the parties or counsel to reschedule the conference, hereby relinquishes jurisdiction. FOR THE COURT, ~}awn S. Sunday, Esquire Custody Conciliator