The URL can be used to link to this page

Home My WebLink About04-5551 ORIGINAL vs. ) IN THE COURT OF COMMOM PLEAS OF ) ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CNIL ACTION - F AMIL Y DNISION ~ NO: 04 - r~S'( (},"uL~~ ) AMY SHANK, Plaintiff CHARLES R. LAPINSKY, III, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Amy J. Shank, an adult individual, currently residing at 136 East Washington Street, Elizabethtown, Lancaster County, Pennsylvania 17022, 2. The Defendant is Charles R. Lapinsky, III, an adult individual, currently residing at 823 Acri Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, 3. Plaintiff seeks primary physical custody of the following children: Name Present Residence Age Shane R. Lapinsky 823 Acri Drive Mechanicsburg, P A 17050 13 years old (d.o,b, 10/14/91) The child was born during the marriage. The child is presently in the custody of Charles R. Lapinsky, III. 4. Since June of 1997, the parties have been operating under an Order of Court whereby Mother and Father share legal custody with Father having primary physical custody and Mother having substantial periods of partial custody. Attached hereto and marked as Exhibit "A" is a true and correct copy of said Order. 5, The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Name Jeff Shank Misti J. Kautz Breana M. Kautz Relationship Husband daughter daughter 6, The relationship of Defendant to the child is that of Father, The Defendant currently resides with the following persons: Name Relationship Beth Bodenheimer-Lapinsky wife Tessa Stein step-daughter 7. Plaintiff has participated as a party or witness or in any other capacity or litigation concerning the child in Dauphin County Court docketed to 1963-S-1996, Charles R. Lapinsky v. Amy J. Zinoble n/k/a Amy J. Shank, 8. Plaintiffhas information of any custody proceeding concerning this child as indicated above, 9, Plaintiff does not know of any other person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. The child has indicated a strong desire to live with his mother. b, Mother believes the child's best interest and permanent welfare will be served by Mother obtaining primary physical custody of her son, c. Mother has concerns about the child's emotional state and well-being due to the family dynamics in Father's home. 11. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the children has been named as a party to this action, 12. All other persons named below who are known to have a claim or right to custody or visitation of the child will be given notice of the pending of this action and the right to intervene, Name Address Basis of Claim None. WHEREFORE, Plaintiff, Amy J. Shank requests this Honorable Court grant her primary physical custody of the parties' child, Shane R. Lapinsky, Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN By: .{~~Lt~ J e Murphy, Esquire - l r;-- Att rney for Plaintiff U 2 S. Market St., P. 0, Box 267 lizabethtown, PA 17022 Attorney I.D, #80838 ORIGINAL VERIFICATION I verify that the statements made in this Complaint for Custody 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: 1~P,t/ot t+n_nJlYln( Amy J. JhlkJA t.. 1 Oct-~9-2004 11:45am From-DC PROTHONOTARY + T-660 P.002/004 F-325 'r' '='"~ , . v. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO . , 963 S 1 996 CHARLES R. LAPINSKY, Plaintiff AMY J. ZINOBLE, Defendant CIVIL ACTION - LAW IN CUSTODY AND NOW, ORDER OF COURT thi~aY of ~ e..-. , 1997, the parties having reached further agreement with regard to the best interests of the subject minor child, Shane Robert Lapinsky, born October 10, 1991, it is hereby ORDERED AND DECREED as follows: 1. The parties shall have shared legal custody of the subject minor child. They shall consult with each other relative to all important decisions concerning the subject minor child, including such matters as health, education, and religion. 2. Plaintiff Charles R. Lapinsky, Jr., shall have primary physical custody of the subject minor child. 3. Defendant Amy J. Zinoble shall have partial periods of physicaJ. custody, for purposes of visitation, as per the following schedule: A. During the school year, Mother shall be entitled to alternating weekends from Friday after school, until . the beginning of school Monday morning. During the school year, Mother will also be entitled to alternating Fridays, to coincide ~ith her non- visitational weekend, from after school until 11:00 a.m. Saturday morning. B. During the summer months, Mother shall have visitation every Wednesday from 5:00 p.m. until Friday EXHIBIT j "A" .Oct-~9-2004 11:45am From-DC PROTHONOTARY + T-660 P.OOS/004 F-S25 ,,- ..., - . - at 5:00 p.m. Likewise, she shall also be entitled to alternating weekends from Friday at 5:00 p.m. until Monday morning at 8:30 a.m. C. The parties shall share the holidays equally, with the exact details to be agreed upon between them. D. The parties shall equally divide all vacation periods from school, other than summer vacation, in as equal a manner as possible, with the exact details to be agreed upon between them. E. Mother shall be entitled to additional periods of visitation, likewise the parties may make modifications to this agreement any time, based upon the agreement and consent of both parties. 4. In the event the parties should be unable to reach agreement regarding the custody and visitation arrangement, then each agrees to first utilize the mediation process, prior to initiating any type of litigation. 5. During any period of custody or visitation the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests oomply with this prohibition. J. ~ "" - () "1 o r::J(.J tt'k ~ ~ ~ s ~ ..fL :r> ~J:- w -... cY o c ~ ~ l~~;; ~~"~. L>~'~ i ,...., = c;:> ..r- Z C:) ....::: I W -U =-= ~ :;J fi;::D , -urn ~15? -_je} "T~ -r- t5 :d ":, C) orl1 --I ',]> ..0 .< ':Y (;.) VI AMY J. SHANK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-5551 CIVIL ACTION LAW CHARLES R. LAPINSKY, III DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 16,2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Friday, December 03, 2004 at 10:00 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: /s/ Melissa P. Greevv. Esq. Custody Conciliator mhc 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 tht: court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE TillS PAPER TO YOUR A TTORNEY 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 ~ fr -? r~ ~ .Ie/-IIed -w >;Z ~. ~/JcJ'He.l; ~ jp .:e~ -~.J:"9 .40.:h-e.jl 'iftNVi\1}Si'.4N3d . ^~. '-'--"'r''''';.; t 11\1"......'.' ""c ',- ,', "', I fill;..; ;1\..),.} ~___~.- :'._"---:;~.) - ~I 28 : 11 U'1 f-J2 AON ~GOZ l'u'..NJ.' ONOH10tld 3Hl :10 f\ < ^--1!"T1 '-1 3:)!:l:Il.,ru;:J Ii- AMY], SHANK, Plaintiff vs, ) IN THE COURT OF COMMOM PLEAS OF ) ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CNIL ACTION - FAMILY DNISION ) ) NO,: 04-5551 ) CHARLES R. LAPINSKY, III, Defendant CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the Custody Complaint and Scheduling upon the person(s) and in the manner indicated below, which service satisfies the requirement ofPa, R.C,P, 440: Service by Facsimile and Certified First-Class Mail. Return Receipt Requested on December 1,2004 addressed to: Charles Lapinsky, III 823 Acri Drive Mechanicsburg, P A 17050 I SMITH, KLINGENSMITH & DOLAN (") ~:~~~ 'i: ;.2 < ..... -~ t~::1 C':::> .,#-:.- o -q --I ..,.. ii'ip: -r~rn -;1 C) ;_..:: ,.L) -r' -r', <~~:1 ,t;-,.. J;; ~< C:, f'l1 CJ I -.J [.1 r...) I _~ ____ _ . 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: Charles Lapinsky, 823 Acri Drive Mechanicsburg, PA 2. Article Number (rransfer from service label) PS Form 3811, August 2001 D. Is delivery address different from item 1? If YES, enter delivery address below: III 17050 3. Service Type XX Certified Mail D Registered D Insured Mail D Express Mail D Return Receipt for Merchandise DC.a.D. &. CM+.'~n~ DmlimIT1 _. [U ~~ -. 7003 1680 0002 2752 8588 Domestic Return Receipt 102595-02-M-1540 U,S. Postal Service". CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) . .. . . . .. . . I OFFICIAL :USE I Postage $ .60 Cerllfled Fee 2.30 Retum Reclept Fee Postmark (Endorsement Required) 1. 75 Here Restricted Delivery Fee 3.50 (Endorsement ReqUIred) Total Postage & Feee $ 8.15 cO cO LT) cO ru LT) I"- ru ru CJ CJ CJ CJ cO .J] r-'l /TI g _____~ ___ ~rl~_s ~?insky, III I"- ~, A;it:li/O.; "8'23" ~rt -nnVe----m------------------------------ or PO Box No. ciiY.-SiSi9:ZiP+4--Meefia.nies-btif-;-PA-----lt&50---------------- PS Form 3800. June 2002 See Reverse for Instructions -:-~ 1\', r, .,1 () ~; r--.;) c::.) <::7":) .L- a rTl (""J I --I () -1'1 ::;:I i'ilp - rn ~SCJ ('~ r) ,'; ~:_~ ;:..~\ n--j "'TI T'. ) ~ ",: 1 --, ~ DEe 1 3 2004Y Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIO. 04-5551 CIVIL TERM AMY J. SHANK, v. CIVIL ACTION - LAW CHARLES R. LAPINSKY, III, IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~ day of December, 21004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Amy J. Shank Bind Charles R. Lapinsky, III, shall have shared legal custody of the minor child, Shane Robert Lapinsky, born October 14, 1991. Each parent shall have an equal right, to be exercislsd 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 his health, educa1tion and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitlE~d 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 of 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. Pursuant to the parties' rights of shared legal custody, the parties will coop1erate with signing the appropriate release of information forms necessary in order to allow thE~ parents to speak with the child's psychotherapist. 2. Physical Custody. Father shall have primary physical custody subject to Mother's rights of partial custody which shall be arranged as follows: A. On alternating weekends from Friday after school until Sunday at 5:00 p.m. B. The Summer school recess. C. Other additional periods of partial custody based on mutual agreement and consent of the parties. D. The parties shall share the holiday:s equally, with the exact details to be agreed upon between them. NO. 04-5551 CIVIL TERM E. The parties shall equally divide all vacl:ltion periods from school, other than Summer vacation, in as equal a manneir as possible, with these details to be agreed upon between them. 3. The Custody Conciliation Conference shall reconvene on July 25, 2005 at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, Pennsylvania 17011. In the eVf:tnt the parties agree that they do not need this additional Conciliation Conference, they shall each provide the Conciliator written notice seven (7) days prior to the Cont c BYTHE~d ((~/ , V\- -----. J. Dist: JoAnne Murphy, Esquire, PO Box 267, Elizabethtown, PA 17022 I\~ ~~ /1_... /L .1 /,;J.~ 1 {,"o'i Charles R, Lapinsky, III, 823 Acri Drive, Mechanicsburg, PA 17050 -,-~ /r~ C}- I .' '. "~:"f" ,,1: 01 ::; /.' J " ::J ("..., ..., .: I ,I "i7 h ,~., J . . ", '. 'il!Jr. <::'/", - 5'jt; :J::7g~~~~li ~:: '-~,.. , -. ";':';'l~) y DEe 1 3 2004 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5551 CIVIL TERM AMY J. SHANK, v. CIVIL ACTION - LAW CHARLES R. LAPINSKY, III, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Shane Robert Lapinsky October 14, 1991 Falther 2, A Custody Conciliation Conference was held on December 3, 2004 following Mother's filing of a Complaint for Custody on November 3, 2004. Present for the conference were: the Mother, Amy J. Shank, and her counsel JoAnne Murphy, Esquire; the Father, Charles R. Lapinsky, III, attended pro se. I:J- / De -e I ()<f l jMt. Melissa Peel Greevy, Esquire Custody Conciliator r as attached. &~ 3. The parties reached an agreement in the form ! :240702 Plaintiff RECEIVED AUG 23 Z005f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 04-5551 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AMY J, SHANK, v. CHARLES R. LAPINSKY, III, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Shane Robert Lapinsky October 14, 1991 Father 2. The parties' second Custody Conciliation Conference was held on August 5, 2005 as agreed at the December 3, 2004 conference. Present for the Conference were: the Mother, Amy J, Shank, who attended pro se, and the Father, Charles R. Lapinski, III, attended pro se. 3. The parties have clearly been working diligently to have consistent expectations of the child with regard to grades and following rules. They are also making a serious effort to be consistent with regard to the kind of music that he brings into the home. Both are concerned about the lyrics of the rap CD's which he likes to listen to because they find the language offensive for a number of reasons, Both report that the relationship with the step-mother has improved. Both intend to follow through with school expectations this fall. Father also anticipates a return to working with Mike Dunlevy at the Philhaven office in Harrisburg. After some discussion, the parties agreed to leave the December 15, 2004 Custody Order in place, It was noted that there had been a previous Order issued in Dauphin County, Pennsylvania to Docket No. 1963-S-199€i. It is the parties' mutual NO. 04-5551 CIVIL TERM agreement that the proper venue for this custody matter shall be retained in Cumberland County, Pennsylvania and that Dauphin County Court should have no further jurisdiction in this matter. ~ ~{2& \..~.l ~ te Melissa Pee reevy, Esquire Custody Conciliator Disl. ,;(my J, Shank, 534 Indian Rock Circle, Elizabethtown, PA 17022 "...eharles R. Lapinski, III, 823 Acri Drive, Mechanicsburg, PA 17050 ./Dauphin County Court Administrator, Dauphin County Courthouse, Front & Market Streets, Harrisburg, PA 17101 :256398 \/;!\,t/ r:l, l,,:~,; '-.j ~'J .:::(] A1Nr(i:-", .-:! ,~:~;:~iV'~nJ 98 :8 Hd 82 5fW SOUZ AtlV10i,UjJDdd 3Hl :10 38:,HO--a3ll:J