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HomeMy WebLinkAbout08-5896JASON LINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. SHELLEY LINS, Defendant No. 08 - 589 to `.iv; t W -M : CIVIL ACTION - AT LAW - IN DIVORCE 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 prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce, or annulment may be entered against you by the court. A judgment.may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 JASON LINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. SHELLEY LINS, CIVIL ACTION - AT LAW - IN DIVORCE Defendant DIVORCE COMPLAINT WITH CUSTODY CLAIM The Plaintiff, Jason Lins, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE - §§ 3301(c) or 3301(d) 1. The Plaintiff, Jason Lins, is an adult individual who currently resides at 3 Kengrey Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant, Shelley Lins, is an adult individual who currently resides at 3 Kengrey Drive, Carlisle, Cumberland County, Pennsylvania 17015. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The parties were married on October 10, 1992, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this matter. COUNT II - CUSTODY - § 5303 9. Paragraphs one (1) through eight (8) are incorporated herein by reference. 10. Plaintiff seeks shared custody of Kylie A. Lins, born June 18, 1995 (age 13). The child was not born out of wedlock. 11. The minor child is presently in the custody of the both the Plaintiff and the Defendant, who resides at 3 Kengrey Drive, Carlisle, Cumberland County, Pennsylvania 17015. 12. During the past five years, the children have resided at the following address with the following persons: Dates: Addresses: List All Persons: 2002 - present 3 Kengrey Drive Mother, Shelley Lins Carlisle, PA 17015 Father, Jason Lins 13. The Mother of the child is the Defendant, currently residing at 3 Kengrey Drive, Carlisle, Cumberland County, Pennsylvania 17015. She is married, but separated from the Plaintiff. 14. The Father of the child is the Plaintiff, currently residing at 3 Kengrey Drive, Carlisle, Pennsylvania. He is married, but separated from the Defendant. 15. The relationship of Plaintiff to the child is that of natural father. He resides with Defendant and the child. 16. The relationship of Defendant to the child is that of natural mother. She currently resides with Plaintiff and the child. 17. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 18. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 19. The Plaintiff 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. 20. The best interest and permanent welfare of the child will be served by granting the relief requested, because: a. Plaintiff can provide the child with adequate moral, emotional, and physical surroundings as required to meet the child's needs; b. Plaintiff is willing to continue shared custody of the child. C. Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 21. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation, and therefore no notice will be given of the pendency of this action and the right to intervene, save as to the Defendant. WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff shared custody of the minor child. Respectfully Marlin L. ;arkl uire Law OfficPa " k F. Lauer, Jr., L.L.C. 2108 M ket SJtre , Aztec Building Camp Hill, Pe lvania17011-4706 Date: ?- 3 0 ` 2 ?D ID# 84745 T17) 763-1800 JASON LINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. SHELLEY LINS, CIVIL ACTION - AT LAW - IN DIVORCE Defendant I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: Jason Lin -IP- o M H ? = ri C=O -T, f 79 C) JASON LINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. SHELLEY LINS, Defendant : No. 08 - 5896 CIVIL ACTION - AT LAW - IN DIVORCE STIPULATION WHEREAS, the subject of this stipulation for custody is the Plaintiff's and Defendant's, child, Kylie A. Lins, born June 18,1995; and WHEREAS, the parties wish to enter into an agreement relative to custody of the child; and WHEREAS, it is in the best interest of the child that this Court decide the matter because the child and both parties reside in Cumberland County, Pennsylvania, it is the desire of both parents and all parties involved that the child continue to live with her Mother and Father in Cumberland County, thus giving this Court jurisdiction; -tb THEREFORE, this - b day of OG ?db al- 2008, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The parties will share joint legal custody of Kylie A. Lins, born June 18, 1995. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other R party's rights to shared legal custody of the child. Each parry agrees not to attempt to alienate the affections of the child from the other parry. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either parry as a parent. 2. The parties shall share joint physical custody of the Child. It is the intent of the parties for each to have physical custody of the child an equal amount of time or as close to equal as practical and to take into consideration the child's wishes as much as is practical given the child's age. 3. Each parent shall be entitled to reasonable telephone contact with child when she is in the custody of the other parent. 4. Neither parent shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 5. Both parents shall refrain from making derogatory comments about the other parent in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. 6. This stipulation may only be altered by the mutual consent of Mother and Father. 7. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. Lins Shelley Lins z - I.TI OCT 10 2008 (? JASON LINS, Plaintiff vs. SHELLEY LINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5896 CIVIL ACTION - AT LAW - IN DIVORCE CONSENT ORDER AND NOW, this 1'7 day of 2008, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of three pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. Distribution: -Marlin Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 -Shelley Lins, 3 Kengrey Drive, Carlisle, PA 17015 v+ tz.. ? cc, ' ? c JASON LINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 08 - 5896 SHELLEY LINS, CIVIL ACTION - AT LAW - IN DIVORCE Defendant AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verify the Complaint in Divorce has been served upon the Defendant indicated above by first class, certified mail # 7008-0150-0003-6464-2408, restricted delivery, return receipt requested, prepaid postage, pursuant to the requirements of Pa. R.C.P. 1930.4. PS Form 3811, FsWuwy 2004 Domrastlc t eMP Mowpt • 0amPWO Omm 1, 2, and S. Also oomple[e kem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?helle? LinS 3 Y) en9rq Dr Iive- Ca?1,51e ?? I?o?S L ArlfCb Wumbur Mww6r ftm swvko Aa. X ? B. Received (U 1?( (Phr S Date of t? D. Is delivery address different from Item 1? ? YeS If YES, enter delivery address below: ? No 3.???S.. Service Type Certified Mall ? Express Mail Registered ? Return Receipt for Meroltowiss ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 7008 0150 0003 6464 2408 Date: )U - g 2'90'Q Resp ally s miffed, -",M arkley, Esquire Law O Aces of Patrick F. Lauer, Jr., LLC 2108 'Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 20 ?.. f'r JASON LINS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHELLEY LINS NO. 08-3996 CIVIL ACTION DIVORCE DECREE AND NOW, it is ordered and decreed that JASON LINS plaintiff, and SHELLEY LINS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the. Attest: J. 1111L?k z lcl Prothonotary love, L' l k" c+" y0,A-C-l dc,->e' ,/