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HomeMy WebLinkAbout09-6713 Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Telephone (717) 540-9170 Facsimile (717) 540-5481 Attorney for Plaintiff SHELLEY L. LINS : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09. G 7/ 3 { -7- JASON W. LINS, CIVIL ACTION - LAW Defendant IN CUSTODYNISITATION COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff SHELLEY L. LINS, by and through her counsel, Cara A. Boyanowski, Esquire, of the law firm of Serratelli Schiffman Brown & Calhoon, and respectfully represents: 1. Plaintiff is Shelley L. Lins, an adult individual who currently resides at 798 Creek Road, Carlisle, Cumberland County, Pennsylvania 17015. She is the biological mother of the subject minor child. 2. Defendant is Jason W. Lins, an adult individual who currently resides at 48 Eastwiek Lane, Carlisle, Cumberland County, Pennsylvania 17015. Ile is the biological father of the subject minor child. 3. Plaintiff is seeking shared legal and shared physical custody of the following minor child: Name Present Residence rl?fP ? f n;'fb Kylie A. Lins 48 Eastwick Lane June 18, 1995 Carlisle, PA (14 years old) The child was born in wedlock. The child is presently in the physical custody of Defendant Jason W. Lins who resides at 48 Eastwick Lane, Carlisle, Cumberland County, Pennsylvania 17015. 4. Since birth, the child has resided with the following persons and at the following addresses: A. Defendant Jason W. Lins 48 Eastwick Lane Carlisle, PA 17015 September 23, 2009 - Present B. Defendant Jason W. Lins 3 Kengrey Drive Carlisle, PA 17015 July 2009 - September 23, 2009 C. Plaintiff Shelley L. Lins Defendant Jason W. Lins 3 Kengrey Drive Carlisle, PA 17015 2001 - July 2009 5. The mother of the child is Plaintiff Shelley L. Lins, who is currently residing at 798 Creek Road, Carlisle, Cumberland County, Pennsylvania 17015. She is single. 6. The father of the child is Defendant Jason W. Lins, who is currently residing at 48 Eastwick Lane, Carlisle, Cumberland County, Pennsylvania 17015. He is single. 7. The relationship of Plaintiff to the child is that of Mother. The Plaintiff resides with her father, Gerald R. Holsinger, Sr. 8. The relationship of Defendant to the child is that of Father. The Defendant resides with the minor subject child. 9. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this minor child in this or another court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting Plaintiff shared legal custody and shared physical custody because: A. Plaintiff and the child have always had a very strong, loving relationship, which should continue and be nurtured. B. Plaintiff and Defendant live approximately ten minutes from each other, which would make a shared physical custody arrangement very easy to structure and implement. C. Since the parties' divorce, Defendant has continuously bad-mouthed Plaintiff to the minor child, indicating that Plaintiff was the sole reason for the demise of the marriage, Plaintiff was the reason the minor child had to move from the Marital Residence, and that Plaintiff is trying to take the minor child away from Defendant. D. Since relocating from the marital residence in July 2009, Plaintiff has been advised by Defendant that she can only have limited periods of custody with the minor child and cannot, under any circumstance, pick the minor child up or drop her off at Defendant's residence. E. Since relocating from the marital residence in July 2009, Defendant has intentionally prevented Plaintiff from obtaining information surrounding the minor child's schooling, recreational activities, and doctor appointments. In fact, Defendant has blocked Plaintiff's telephone number so Plaintiff cannot contact him to discuss issues surrounding the minor child. F. And other reasons which may fully appear at conference. 11. Each parent whose parental rights to the child, which have not been terminated, and the person who has physical custody of the child, has been named as parties to this action. WHEREFORE, Plaintiff Shelley L. Lins requests the entry of an Order of Court granting Plaintiff and Defendant shared legal and physical custody over their daughter, Kylie A. Lins. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON OkAdA"u-GO44' Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 VERIFICATION Upon my personal knowledge, information and belief, I, Shelley L. Lins, do hereby verify that the facts averred and statements made in the foregoing Complaint are true and correct. I understand that false statements or averments therein made will subject us to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: B ??? ? Y• Shelley L. Li s FILED-DD-' IE v 211,29 8;.T -8 Al:11 t ? v -* IU6.50 PO ATN -44010 a3rc??3 f SHELLEY L. LINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON W. LINS DEFENDANT • 2009-6713 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 16, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 12, 2009 at 10:30 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/ ac ueline M. Verne 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 infonnation 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 2909 OCT 20 PEl 2: ! 6j CUM".-.) , i .; I' ?'?' PEN /© a1? Cam' ???.. ?.z?,•,,,?,,r ?. ?? G????c ?? Cara A. Boyanowski, Esquire Pa. Supreme Court I.D. No. 68736 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 171 10 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff, Shelley L. Lins SHELLEY L. LINS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6713 CIVIL ACTION LAW JASON W. LINS, CIVIL ACTION -LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law, states the following: I . I am the attorney for Shelley L. Lins, the Plaintiff in the above-captioned child custody action. 2. On or about October 21, 2009, I forwarded a certified copy of the Order of Court scheduling a custody conciliation conference before Jacqueline M. Verney, Esquire on November 12, 2009, by certified mail, return receipt requested, as well as, a time-stamped copy of the Complaint for Custody. The said Order of Court was addressed to Defendant, Jason W. Lins, 48 Eastwick Lane, Carlisle, PA 17013. A true and correct copy of the Domestic Return Receipt (PS Form 3811), signed by Mr. Lins is attached hereto as Exhibit "A." 3. As evidenced by his signature, Plaintiff, Jason W. Lins was served with both the certified copy of the Order of Court and the copy of the Custody Complaint on October 23, 2009. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON, P.C. By: Ow -------- - Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 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: -so,,!5cri w . LA I(1S I AS ECVsAW1& MP CI?sIe , 1 A ?-?- A. Signature X B.ogeceived by (Printed Name) C. D4 e of Delivery ' ? & -3/a D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: b No 3. Service Type AertiHed Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Deliver}? (Extra Fee) Yes 2. Article Number 7008 0150 0002 2957 9665 (Transfer from service iaben PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 FILE Ll- SHELLY LINS, Plaintiff V. JASON W. LINS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2009-6713 CIVIL TERM IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Jason W. Lins, in the above- captioned matter. DATE: NOVEMBER 2, 2009 Respectfully submitted, ABOM & KUT ULAKIS, LLP Kara W. Haggerty, Esq e 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 CERTIFICATE OF SERVICE AND NOW, this 2nd day of November, 2009, I, Kara W. Haggerty, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe of Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Cara A. Boyanowski, Esquire Serratelli, Schiffman Brown & Calhoon, P.C. 2080 Linglestown Road Harrisburg, PA 17110-9670 Respectfully submitted, Awm & KvTULAKrS, LLP DATE: NOVEMBER 2 2009 Kara W. Haggerty e 2 West High Stree Carlisle, PA 17013 (717) 249-0900 ID No. 86914 FILED- R GE OF THE a? Jr?- ^?Ir;TAFFY 2009 NOV -2 PH 12: 01 CUM: : uN aY PEN", NSYLVA!vA SHELLEY L. LINS, Plaintiff V. JASON W. LINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-6713 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this / ~/ day of /V~r~~ , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Shelley L. Lins and the Father, Jason W. Lins, shall have shared legal custody of Kylie A. Lins, born June 18, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Father shall have primary physical custody of the child. 3. Mother shall have the following periods of partial physical custody of the child. A. Every Tuesday from 4:45 p.m. to 8:30 p.m. B. Alternating weekends from Friday at 4:45 p.m. to Monday at 7:00 a.m. C. Alternating Thursdays from 4:45 p.m. to 8:30 p.m. (This is the Thursday before Father's weekend.) D. Tuesday, December 29 from 2:00 p.m. to 8:30 p.m. 4. The parties shall cooperate with counseling between Mother and daughter. 5. Thanksgiving shall be shared such that Father shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. 6. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be be 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall have Block A in 2009 and Father shall have Block B in 2009. 7. Transportation shall be shared such that the parties shall exchange custody at the Home Depot in Carlisle. 8. Neither party shall do or say anything, nor permit any third party from doing or saying anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 9. The parties are entitled to reasonable telephone contact with the child. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for January 19, 2010 at 8:30 a.m. BY THE COURT, cc: ra A. Boyanowski, Esquire, Co el for Mother 'Kara W. Haggerty, Esquire, Counsel for Father ll~lC.l ~ ~~~ J. C SHELLEY L. LINS, Plaintiff V. JASON W. LINS, Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-6713 CIVIL ACTION -LAW IN CUSTODY 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Kylie A. Lins DATE OF BIRTH CURRENTLY IN CUSTODY OF June 18, 1995 Father 2. A Conciliation Conference was held in this matter on November 12, 2009, with the following in attendance: The Mother, Shelley L. Lins, with her counsel, Cara A. Boyanowski, Esquire, and the Father, Jason W. Lins, with his counsel, Kara W. Haggerty, Esquire. 3. The parties agreed to an Order in the form as attached. Date: / ~~ 13 -U Ja eline M. Verney, Esquire Custody Conciliator `~ ~.~v f .~ ~_ MAR 0 41010 G~ SHELLEY L. LINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-6713 CIVIL ACTION -LAW JASON W. LINS, Defendant CUSTODY ORDER AND NOW, this S'' day of ~~,,,~! , 2010, upon consideration of the within Petition, it is hereby ORDERED and DECREED that Petitioner, Cara A. Boyanowski, Esquire, is withdrawn as counsel for Plaintiff. / BY THE COURT: Distribution: /Cara A. Boyanowski, Esq., 2080 Linglestown Rd., Ste. 201, Harrisburg, PA 171 10 a W. Haggerty, Esq., 2 West High Street, Carlisle, PA 17013 /Shelley L. Lins, 798 Creek Road, Carlisle, PA 17015 I G.' ~. 'T~~r~ ~ 3~s1 r v ~,,._ ~_ ;~~. ~, ,~ ~:~ .= i -- N G~I7 zi ~~ Q~ r ~ ~~ ^G .; .0' SHELLEY L. LINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-6713 CIVIL TERM (= o p O 3 0 -i JASON W. LINS, CIVIL ACTON - LAW rn Co C:) X-n Defendant IN CUSTODY Cr-n -) -,r- :-1, O , Z n C:)-q ORDER OF COURT DZ co ?? ? AND NOW, this 1st day of December, 2010, t s 7,0 ordered and directed as follows: 1. The Mother, Shelly L. Lins, and the Father, Jason W. Lins, shall have shared legal custody of Kylie A. Lins, born June 18, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational 14V `~ attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Father shall have primary physical custody of the child. 3. Mother shall have the following periods of partial physical custody of the child: A. Every Tuesday and Thursday evening, the specific times of which shall be agreed upon by the parties. B. Alternating weekends beginning on December 11, 2010, as follows: i. Three weekend visitations shall be from Saturday at 11:00 a.m. until 9:30 p.m. ii. Three weekends shall be from 11:00 a.m. Saturday until a time agreed upon on Sunday. iii. Thereafter, Mother shall have custody from Friday at a time to be agreed upon by the parties through Sunday at a time to be agreed upon by the parties. 4. Mother and child shall continue in counseling. Father will participate in the counseling sessions upon the request of Mother, the child, or the counselor. Mother shall provide proof of compliance with this paragraph upon request of Father or his counsel. Said counseling shall continue until successfully completed. 5. Thanksgiving shall be shared such that Father shall have physical custody of the child from 9:00 a.m. to 3:00 4 °'t" p.m. and Mother shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. 6. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall have Block A in odd-numbered years and Father shall have Blood A in even-numbered years. Provided, however, that this Christmas Mother's partial custody shall be from 2:00 p.m. Christmas Day until 9:30 p.m. Christmas Day. 7. Transportation shall be shared equally between the parties as agreed. 8. Neither party shall do or say anything, nor permit any third party from doing or saying anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 9. The parties are entitled to reasonable telephone contact with the child. By the Court, Edward E. Guido, J: Jeanne B. Costopoulos, Esquire Attorney for Plaintiff ara W. Haggerty, Esquire Attorney for Defendant Sheriff Go 4;S' .n? 1 ?£c. srs I ;L 3 1 t c)