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Home My WebLink About02-3395MICHAEL RAY BROWN and LENA HORNING BROWN, PLAINTIFFS VS. MIRIAM DORTHEA LEHMAN and JASON EUGENE LEHMAN, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.~ -~J~ CIVIL TERM CIVIL ACTION - LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS 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 complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the 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 by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Defendant/Petitioner. 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 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 MICHAEL RAY BROWN and LENA HORNING BROWN, PLAINTIFFS VS. MIRIAM DORTHEA LEHMAN and JASON EUGENE LEHMAN, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.t~ -...~..~ CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, come the Plaintiffs, MICHAEL RAY BROWN and LENA HORNING BROWN, by and through their counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and file this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiffs (hereina~er sometimes referred to as "Maternal Grandparents") are MICHAEL RAY BROWN and LENA HORNING BROWN who currently reside at 729 Grantham Road, Grantham, Cumberland County, Pennsylvania, 17027. 2. The Defendants (bereinaf~er sometimes referred to as "Mother and Father") are MIRIAM DORTHEA LEHMAN and JASON EUGENE LEHMAN who currently resides at 217 Sabre Street, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Name ALEXIS MARIE LEHMAN Plaintiffs seeks Full Legal and Physical Custody of the following child: Present Residence Date of Birth June 26, 1995 729 Grantham Road Grantham, PA 4. The child was bom out of wedlock. 5. The child is presently in the custody of the Plaintiffs, who reside at 729 Grantham Road, Grantham, Cumberland County, Pennsylvania, 17027. 6. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiffs 729 Grantham Road June 26, 1995 to Grantham PA Present 7. The Mother of the child is Defendant Miriam Dorthea Lehman, who currently resides at 217 Sabre Street, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Mother is married and presently lives with her husband. 8. The Father of the child is Defendant Jason Eugene Lehman, who currently resides at 217 Sabre Street, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Father is married and presently lives with his wife. 9. The relationship of Defendant Miriam Dorthea Lehman to the child is that of the Natural Mother. Mother currently resides with her husband. 10. The relationship of Defendant Jason Eugene Lehman to the child is that of the Natural Father. Father currently resides with his wife. 11. The Plaintiffs do 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. 12. Plaintiffs have not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 13. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Maternal Grandparents have a deep love and concern for their granddaughter; B. Maternal Grandparents have been the primary caregiver for the child since the child's birth; C. Maternal Grandparents have provided all necessities of life for their granddaughter since her birth; D Although Mother and Father have married since the child's birth, Mother and Father have allowed their child to remain with the Maternal Grandparents; E. Mother and Father want the child to remain with the Maternal Grandparents and the child also wants to remain with the Maternal Grandparents. 15. Each party whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiffs, MICHAEL RAY BROWN and LENA HORNING BROWN, request this Honorable Court award them FULL LEGAL and PHYSICAL CUSTODY and Defendants, MIRIAM DORTHEA LEHMAN and JASON EUGENE LEHMAN, PARTIAL PHYSICAL CUSTODY of the child, ALEXIS MARIE LEHMAN. Dated: July /{O. 2002 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Ca]~o, Esquire Counsel for at~i~ PA I.D. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of their knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unswom falsification to authorities. DATED: ~^~-4.~ Io ~ (J I t DATED.~ I O, ,~2.o o ~-- 0 t ' MICHAEL RAY BROWN MICHAEL RAY BROWN AND LENA HORNING BROWN PLAINTIFF V. MIRIAM DORTHEA LEHMAN AND JASON EUGENE LEHMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3395 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, Monday, July 22, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greev~, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, August 27, 2002 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 hearing. FOR THE COURT, By: /s/ Mel_issa P. Gree~rv. EsaU\ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MICHAEL RAY BROWN and LENA HORNING BROWN, PLAINTIFFS vs. MIRIAM DORTHEA LEHMAN and JASON EUGENE LEHMAN, DEFENDANTS : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-3395 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAll, COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : Be it known, that on the ~c~~ day of ~ 2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Michael Ray Brown and Lena Homing Brown, Plaintiffs in the above-captioned matter. 3. On August 15, 2002, a true and correct copy of the Complaint for Custody was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9581, and addressed to the Defendants, Miriam Dorthea Lehman and Jason Eugene Lehman, at 217 Sabre Street, Mechanicsburg PA 17050. 4. Thc return receipt card signed by Defendant Jason Lehman, showing a date of service of August 17, 2002, is attached hereto as Exhibit "A". o Pa.R.C.P. 403. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Counsel for Plaint~ SWORN TO AND SUBSCRIBED before me, a Notary Public, this ~rx~ day of ~ ,2002. Notary Public {~ My Commission Expires:~}G_0 .. ~ n. H~ford, Not~r~ P~bllc ~ e. xl~res .~or. 4, 2005 ee that we can return the card to you. · ,~Mgh tflis carcl to the back of the rnal ~ll~Ce, er on the front If space permits. RESTRICTED DEUVERY ~..~?~,,~,,~,o 7001 2510 0003 4439 9581 ' ."~-~ 3811, ~ 2o~1 Demotic Re~um Reoelpt Exhibit "A" MICHAEL RAY BROWN and LENA HORNING BROWN, PLAINTIFFS VS. MIRIAM DORTHEA LEHMAN and JASON EUGENE LEHMAN, DEFENDANTS : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-3395 CML TERM : CIVIL ACTION - LAW : IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY NOW THEREFORE, the parties, intending to be legally bound, agree as follows: Plaintiffs are MICHAEL RAY BROWN and LENA HORNING BROWN (hereinafter known as "Maternal Grandparents") who currently reside at 729 Grantham Road, Grantham, Cumberland County, Pennsylvania, 17027. Defendants are MIRIAM DORTHEA LEHMAN and JASON EUGENE LEHMAN (hereinafter known as "Mother and Father") who currently reside at 217 Sabre Street, Mechanicsburg, Cumberland County, Pe~n.~ylvania, 17050. ALEXIS MARIE LF~HMAN, bom on June 26, 1995, is the natural child of the Mother and Father, MIRIAM DORTHEA LEHMAN and JASON EUGENE LEHMAN, and is the subject of this Stipulation for Agreed Order of Custody. It is Mother and Father's belief that it is in the best interests of their minor child for thc Maternal Grandparents to have Full Legal and Physical Custody of the child at this time. The Maternal Grandparents and the Mother and Father also believe it is important for the child to have a meaningful ongoing relationship with her Mother and Father, provided the child is in a safe environment. WHEREFORE, Plaintiffs, MICHAEL RAY BROWN and LENA HORNING BROWN, and Defendants, MIRIAM DORTHEA LEHMAN and JASON EUGENE LEHMAN, have entered into a mutual agreement regarding the custody of the child, ALEXIS MARIE LEHMAN, and respectfully request this Honorable Court to enter the following Order: 1. Maternal Grandparents, MICHAEL RAY BROWN and LENA HORNING BROWN, shall have Full Legal Custody of the minor child, ALEXIS MARIE LEHMAN. Legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including, but not limited to, medical, religious and educational decisions. In all decisions including, but not limited to, the aforementioned types of decisions, Maternal Grandparents shall have the sole decision-making ability for the minor child. 2. The Maternal Grandparents shall have Primary Physical Custody and Mother and Father shall have Partial Physical Custody of the child, ALEXIS MARIE LEHMAN. 3. The Mother and Father's Partial Physical Custody with the child shall be at such times as the parties mutually agree The parties agree Mother and Father shall have liberal visitation and unless their request for visitation interferes with a previously planned activity in which the child is involved, Mother and Father should bc granted their request for visitation with the child. 4. Mother and Father agree they will not consume any alcoholic beverages or use any illegal chemical substances a mini~num of twelve (12) hours prior to any period of visitation with the child, nor while they have custody of the minor child. 5. Thc Maternal Grandparents agree to keep Mother and Father fully aware and informed of any successes, difficulties, activities, emergencies, etc. in which the child has become involved. 6. The parties shall be free to mutually agree to alter and/or change the tcmis of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by the parties. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: MICHAEL RAY BROWN MIRIAM DORTHEA LEHMAN [THIS SPACE IS INTENTIONALLY LEFT BLANK.] COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS: On this, the cgr)°A~day of ('~~ , 2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared MICHAEL RAY BROWN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public ~ My Commission Expires: .._ .r,~. ~. re.ere Nota,y Pub~ I COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS: On this, the c~c~ day of~ , 2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the unde~igned officer, personally appeared LENA HORNING BROWN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Ag~,xt Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public ~' ' v My Commission Expires: C~ t~ ) &(.Y3~ J KI ' Notarial Seal I ~moelly R. Hanforcl, Notary Public I~.Boro, ~umloe~u~cl County l n'v ~,omm~aa~on Exp~m~ Apr. 4, 2005 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the o,~2~day of ~ , 2002, before me, a Notary Public, the undersigned officer, personally appeared~ SUSAN KAY CANIHELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and certified that she was personally present when MIRIAM DORTItEA LEItMAN, whose name is subscribed to the within Stipulation for Agreed Order of Custody, executed the same, and that said person acknowledged tl~ she executed the same for the purposes therein containe~L IN WITNESS WHEREOF, I hereunto set my hand and official Seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the(>h°C3~day of ~.x.C~Xf~ , 2002, before me, a Notary Public, the undersigned officer, personally appeared~SUSAN KAy CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and certified that she was personally present when JASON EUGENE I.~HMAN, whose name is subscribed to the within Stipulation for Agreed Order of Custody, executed the same, and that said person acknowledged that he executed the same for the purposes therein contained. IN WITNESS WltF~REOF, I hereunto set my hand and official Seal. Notary Public (3 u My Commission Expires: (~ ~)c~3 · i~?rd, Notary Public r MY C°mml~s:~n Expires APr. 4,2005 MICHAEL RAY BROWN and LENA HORNING BROWN, PLAINTIFFS MIRIAM DORTHEA LEHMAN and JASON EUGENE LEHMAN, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3395 CIVIL TERM CML ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of .~,~t..~ ,2002, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiffs, MICHAEL RAY BROWN and LENA HORNING BROWN, shall have FULL LEGAL AND PRIMARY PHYSICAL CUSTODY and Defendants, MIRIAM DORTHEA LEHMAN and JASON EUGENE LEHMAN, shall have PARTIAL PHYSICAL CUSTODY of the minor child, ALEXIS MARIE LEHMAN, in accordance with the language contained in the within Stipulation. BY THE COURT,