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SHERRY KAY SHORT,
PLAINTIFF
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION -LAW
ROBERT WILSON SHORT,
DEFENDANT
NO. CIVIL TERM 2000
IN CUSTODY
COMPLAINT IN CUSTODY
AND NOW, comes the Plaintiff, Sherry Kay Short, by and through her counsel, Richard
C. Gaffney, Esquire, who files this Complaint in Custody and who, in support thereof states as
follows:
1. The plaintiff is Sherry Kay Short, who resides at 107 Andrew Court, Carlisle, Cumberland
County, Pennsylvania 17013 since on or about May 1997.
2, The defendant is Robert Wilson Short, whose last known address was 17 Fairfield Street, Mt.
Holly, Cumberland County, Pennsylvania 17065 since on or about May 1996.
3. The plaintiff has been a bonafide resident of Cumberland County, Pennsylvania for at least
six months prior to initiating this action.
4. The plaintiff seeks to confirm the status quo custody arrangement for the parties two (2)
children.
5. The minor children who are the subject of this proceeding are:
a. Robert Wilson Short, Jr. born January 25,1984 (age 16), and
b. Christopher Edward Short born April 30, 1993 (age 6).
6. Both of the minor children reside with the plaintiff at 107 Andrew Court, Carlisle,
Cumberland County, Pennsylvania 17013.
7. The parties were married in Cumberland County on September 30, 1982.
8. The parties separated on or about September 4, 1994, and were divorced by decree of the
Cumberland County Court of Common Pleas on September 19,1995.
9. The children were not born out of wedlock.
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10. During the last five years, except for a three month period in mid-l 996 when the parties
attempted to reconcile, and except for six months in mid-1995 when Robert Short, Jr. .resided
with the defendant, the children have resided with the following persons at the following
addresses during the following dates:
Dates Address Persons
From 9/94-9/95 736 E. Louther St.,
Carlisle, P A
Sherry Kay Short; Robert Short, Jr.;
Christopher Short; Plaintiff's parents
From 10/95-2/96 760 E. Louther St.,
Carlisle, P A
Sherry Kay Short; Robert Short, Jr.;
Christopher Short; Plaintiff's brother
From 5/96-5/97 736 E. Louther St.,
Carlisle, P A
Sherry Kay Short; Robert Short, Jr.;
Christopher Short; Plaintiff's parents
From 5/97-present 107 Andrew Court
Carlisle, P A
Sherry Kay Short; Robert Short, Jr.;
Christopher Short
11. The mother of the children is the plaintiff, Sherry Kay Short, who currently resides as set
forth above. She is not married. She resides with her two children.
12. The father of the children is the defendant, Robert Wilson Short, whose last known address is
set forth above. He is not married. He resides with an adult female.
13. The relationship of the plaintiff to the children is that of mother.
14. The relationship of the defendant to the children is that off ather.
15. The plaintiff has not participated as a party or witness or in any other capacity in other
litigation concerning the children in this or in any other court of this Commonwealth.
16. The plaintiff has no information of a custody proceeding concerning the children pending in
any court of this Commonwealth.
17. The plaintiff does not know of a person not a party to the proceeding who has physical
custody of the children or who claims to have custody or visitation rights with respect to the
child.
18. The best interests and permanent welfare of the children will be served by granting the relief
requested because:
a. The mother is and has always been the primary caregiver and nurturing parent of
the children.
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SHERRY KAy SHORT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLV ANJ!A
vs.
ROBERT WILSON SHORT,
Defendant
CIVIL ACTION - LAW
No. CIVIL TERM2000- 'fill &;J
IN CUSTODY
ORDER OF COURT
AND NOW, this \"\ day of \=(- n 2000, upon consideration ofthe attached
Complaint, it is hereby directed that the above parties and their respective counsel appear before
t'nw\'\ ~. S. ~ ' Esquire, the conciliator, at 3?1 \r.J, \---\0:\1\ &\-. )\b-rm\c.sh~}
Pennsylvania, on the \\ daYOf~(\\ 2000at\\\ClG 8IP.M.,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 a temporary order. All children age five or older may be present at the
conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By: ~'\1i'\. .h.~dnl&L
Cnstody Conciliator ~-4.';')
You SHOULD TAKE TIllS PAPER 10 YOUR LA WYERATONCEo IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO 1O.oR lELEPHONE lHE OFFICE SET FORTI!
BEWW 10 FIND OUTWHERE YOU CAN GET LEGAL HELP.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
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b. The children's preference is to maintain the status quo custodial arrangement,
wherein the plaintiff (mother) has primary physical custody of the children and
the defendant (father) has partial physical custody of the children from Friday at
approximately 4:00 P.M. until Sunday at approximately 5:00 P.M.
c. The plaintiff (mother) is better able than the defendant (father) to provide a
loving, stable home environment for the children.
d. The plaintiff (mother) is better able than the defendant (father) to encourage the
children's physical, intellectual, emotional, moral and spiritual growth.
19, Each parent whose parental rights to the children have not been terminated and the person
who has physical custody of the children have been named as parties to this action. All other
persons named below who are known or who claim a right to custody or visitation ofthe
children will be given notice of the pendency ofthis action and the rights to intervene: None.
WHEREFORE, the plaintiff prays this Honorable Court to grant shared legal cnstody of the
children to her and to the defendant, to grant primary physical custody of the children to the
plaintiff, to grant partial physical custody of the children to the defendant consistent wit the
status quo arrangement as set forth herein, and grant to the plaintiff such other relief as this
Honorable Court deems proper and just.
Respectfully submitted,
10 1 Front Street
P.O, Box 627
Boiling Springs, P A 17007-0627
Telephone: 717-249-2525
Attorney for the Plaintiff
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SHERRY KAY SnORT,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
CIVIL ACTION - LAW
ROBERT WILSON SnORT,
Defendant
No. CIVIL TERM 2000
IN CUSTODY
VERIFICATION
I, the undersigned plaintiff in the above captioned action, verifY hereby that the facts
alleged in the foregoing Complaint for Custody are true and correct. I make this statement
subject to the !penalties in 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities.
Date:
d--IO- eX)
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SHERRY KAY SHORT, : IN THE OOURT OF OOMMON PLEAS OF
plaintiff : CUMBERLAND COONTY, PENNSYLVANIA
:
vs. . NO. 00-811 CIVIL TERM
.
:
ROBERT WILSON SHORT, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
ORDER OF COURT
AND !Oi, this 1'7 r4 day of
consideration of the attached Custody Concilia
and directed as follows:
, 2000, upon
it is ordered
I. The Mother, Sherry Kay Short, and the Father, Robert Wilson Short,
shall have shared legal custody of Robert Wilson Short, Jr., born January
25, 1984, and Christopher Edward Short, born April 30, 1993. Each parent
shall have an equal right, to be exercised jointly with the other parent,
to make all major non-emergency decisions affecting the Children's general
well-being including, but not limited to, all decisions regarding their
health, education and religion.
2. The parties shall have physical custody of the Children in
accordance with the following schedule: The Mother shall have custody of
the Children each week from Sunday evening through Thursday late afternoon,
and the Father shall have custody every week from Thursday late afternoon
through Sunday evening. The Mother shall also have custody of the Children
for one weekend per month from Friday evening through Sunday evening with
the specific weekend to be arranged by agreement of the parties.
3. The parties shall share or alternate having custody of the
Children on holidays as follows:
A. CHRISTMAS: In even numbered years, the Father shall have
custody of the Children from Christmas Eve through Christmas
morning and the Mother shall have custody on Christmas Day.
In odd numbered years, the Mother shall have custody of the
Children from Christmas Eve through Christmas morning and the
Father shall have custody on Christmas Day.
B. a.rBER HOLIDAYS: The parties shall share having custody of the
Children on the remaining holidays as arranged by agreement
between the parties.
4. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
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this Order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE COURT,
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cc: Richard C. Gaffney, Esquire - Counsel for Mother
Anthony DeLuca, Esquire - Counsel for Father
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SHERRY KAY SHORT, : IN THE OOURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 00-811 CIVIL TERM
.
.
ROBERT WILSON SHORT, . CIVIL ACTION - LAW
.
Defendant : IN CUSTODY
CUSTODY CCNCILIATICN SUMMARY REPORT
IN AOCCRDANCE WITH COJIIBERLAND <XXlNTY RULE OF CIVIL PROCEDURE
19I5.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Robert wilson Short, Jr.
Christopher Edward Short
January 2S, 1984
April 30, 1993
Mother/Father
Mother/Father
2. A Custody Conciliation Conference was held on April II, 2000, with
the following individuals in attendance: The Mother, Sherry Kay Short,
with her counsel, Richard C. Gaffney, Esquire, and the Father, Robert
Wilson Short, with his counsel, Anthony DeLuca, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
4. It should be noted that the parties agreement as to custody
arrangements at the Conference was based in part on the Mother' s proposal
and assurance that she did not intend to seek child support for the
additional one weekend period each month and the Father's agreement not to
pursue primary physical custody at this time. The Father reserves the
right to request an additional Custody Conciliation Conference to address
the primary custody issue in the event the Mother seeks additional child
support for her additional weekend per month.
Da~
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Dawn s. Sunday, Esquire
Custody Conciliator
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