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Home My WebLink About07-4701DAVID A. SHORTER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW CUSTODY/VISITATION BRENDA R. SHORTER, Defendant :NO. d '7_ ~f ~~ l ~ ~~ COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, David A. Shorter, who, by and through his attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire, and Beckley & Madden, of Counsel, files this Complaint for Custody, in which he avers that: 1. Plaintiff, David A. Shorter, is an adult individual residing at 25 E. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Brenda R. Shorter, is an adult individual temporarily residing at 648 E. Siddonsburg Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3 child: Name Plaintiff seeks shared physical and joint legal custody of the following Date of Birth Residence Madeline R. Shorter 2/6/2003 The Child was not born out of wedlock. Mother The Child is presently in the custody of her mother, Brenda R. Shorter, the Defendant herein, who temporarily resides at 648 E. Siddonsburg Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. During the past five years, the Child has resided at the following addresses 1 with the individuals indicated: Persons living with child Plaintiff and Defendant Address 608 Colonial Road Mechanicsburg, PA 17055 Dates birth unti103/2007 Plaintiff and Defendant Defendant and grandparents Dennis and Betty Stoner 25 E. Keller Street Mechanicsburg, PA 17055 648 E. Siddonsburg Road Mechanicsburg, PA 17055 3/2007 to 6/17/2007 6/17/2007 to present 5. Plaintiff is the Father of the Child and he currently resides alone at 25 E. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is married. 6. Defendant is the Mother of the child and currently resides with her parents, Dennis and Betty Stoner and the Child at 648 E. Siddonsburg Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is married. 7. The relationship of plaintiff to the Child is that of Father. The Plaintiff currently resides with the following persons: Name Alone Relationship 8. The relationship of defendant to the children is that of Mother. The defendant currently resides with the following persons: Name Relationship Dennis and Betty Stoner parents 9. Plaintiff has not participated as a party or witness, or in another capacity, 2 in other litigation concerning the custody of the Child in this or another court. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth or any other state. 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. 10. The best interest and permanent welfare of the Child will be served by granting the relief requested because: Plaintiff has been an active and equal participant in the Child's care since birth. Defendant recently moved out of the marital residence, without provocation, and has failed and refused to provide Plaintiff with adequate access to the Child so that he may participate equally in her care and upbringing. 11. Each parent 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, Plaintiff requests that the Court grant him shared physical custody and joint legal custody of the parties' minor Child. DATED: ~ ~IOY of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 3 Respectfully submitted, VERIFICATION I, David A. Shorter, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to autho ' 'es. /~ ~ DATED: ~S/1,~~~Y David A. Shorter c~ rv -~ r_ x ' _ ~ ~ ~ ~ ~~ - ,~ ~ ~ f ?'! 1~y7y-7 -.. _i ` ue .,C' ~~ s , "` ~../ DAVID A. SHORTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. • 2007-4701 CIVIL ACTION LAW BRANDA R. SHORTER IN CUSTODY DF.,FF,NDANT ORDER OF COURT AND NOW, Tuesday, August 14, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at__ 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 11, 2007 at 10:30 AM for aPre-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 ale 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/ Dawn S. Sunda 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 information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oftice. 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 PAPEK TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD UNE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YUU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -'~ syp~vw" r~o~, fin. 4~-~ V'ii':{'`, `~1 ~'=~~,";-~;:r:; (v, ('~ ...... V :! '~ J _f„~~.._ ..'~.~ } Luther E. Milspaw, Jr., Esquire Attorney ID No. 19226 130 State Street, P.O. Box 946 Attorney for DejeKdamt Harrisburg, PA 17108-0946 (717) 236-03141 FAX (717) 236-0791 Email: uthetmilsyawna,mblawfirm.com DAVID A. SHORTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2007-4701 BRENDA R. SHORTER IN CUSTODY Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Luther E. Milspaw, Jr., Esquire, as counsel for the Defendant in the above-captioned matter. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Dated: August 29, 2007 /` Elizabeth S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 submitted, ~~ L. EBRIGHT, Paralegal Office of Luther E. Milspaw, Jr. 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 DAVID A. SHORTER, Plaintiff vs. BRENDA R. SHORTER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2007-4701 IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Entry of Appearance upon all counseUparties of record_by depositing the same in the United States Mail, first class, postageprepaid, at Harrisburg, Fennsylvania, on th day of August 20Q7, addressed as follows: N C~ o c "'^J t J'.. ~ F~, ~ ' ~~ ~ ~ ~'' .. ~i C.lt --t .~7 t~ -G i~~P 14 DAVID A. SHORTER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-4701 CNIL ACTION LAW BRENDA R. SHORTER Defendant IN CUSTODY ORDER OF COURT AND NOW, this l 7f' day of S~ e T 2007, upon consideration of the attached Custody Conciliation Report, rt is ordered and directed as follows. 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Deborah Salem or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. All costs of the custody evaluation shall be shared equally between the parties. 2. The Father, David A. Shorter, and the Mother, Brenda R. Shorter, shall have shazed legal custody of Madeline R. Shorter, born February 6, 2003. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view towazd obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other parry's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the pazent 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. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a pazent as authorized by statute. 0 `~I~:'~R~~S~Ii~d S 0~ f I W~ $ i d3S tOt1Z 1lk~.lON~i~.t.C;d 3~~L ~ 3. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends, beginning Thursday, September 13, 2007, from Thursday at 5:00 p.m., when the Father shall pick up the Child at the Mother's residence, through Monday at 9:00 a.m., when the Father shall return the Child to the Mother's residence. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child from Monday at 5:00 p.m., when the Father shall pick up the Child at the Mother's residence through Tuesday, when the Father shall transport the Child to preschool by 9:30 a.m. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father under this provision. 4. In 2007, the Mother shall have custody of the Child on Thanksgiving Day unti12:00 p.m. and the Father shall have custody beginning on Thanksgiving Day at 2:00 p.m. through the remainder of his regulaz weekend period of custody. 5. In 2007, the Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 2:00 p.m. and the Father shall have custody on Christmas Day from 2:00 p.m. unti18:00 p.m. 6. In 2007, the Father shall have custody of the Child for the Father's birthday on September 18 from 5:00 p.m. through 8:00 p.m., for which the Father shall provide all transportation. 7. The custodial pazent shall take the Child to the 10:45 a.m. church service at the parties' current church during his or her weekends. The non-custodial pazent shall not attend the 10:45 Sunday church service. 8. Neither party shall do or say anything which may estrange the Child from the other pazent, 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. Within 60 days of receipt of the custody evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 10. This prder 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. cc: li beth S. Beckley, Esquire -Counsel for Father er E. Milspaw, Jr., Esquire -Counsel for Mother BY THE COURT, b'~P 1~ TOOf'„/ ~~ DAVID A. SHORTER Plaintiff vs. BRENDA R. SHORTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4701 CIVIL ACTION LAW IN CUSTODY 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 CUSTODY OF Madeline R. Shorter February 6, 2003 Mother 2. A custody conciliation conference was held on September 11, 2007, with the following individuals in attendance: the Father, David A. Shorter, with his counsel, Elizabeth S. Beckley, Esquire, and the Mother, Brenda R. Shorter, with her counsel, Luther E. Milspaw, Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-04701 P CQMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHORTER DAVID A VS SHORTER BRENDA R R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDANT SHORTER BRENDA R but was unable to locate Her deputized the sheriff of YORK to wit: in his bailiwick. He therefore serve the within ORDER OF COURT County, Pennsylvania, to COMPLAINT FOR CUSTODY On September 14th 2007 this office was in receipt of the attached return from YORK Sheriff ' s Costs : So answe _~----~ Docketing 18.00 ',~/ Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 61.80 Sheriff of Cumberland County Postage .80 9 9.6 0 ./ q 1.t ~lo-t 09/14/2007 BECKLEY & MADDEN Sworn and subscribe to before me this day of , A.D. k k . ` , COUNTY OF YORK ~~~~~~ ~F ~~~ ~~~~~~F 45 N. GEORGE ST., Y~iK, PA 17401 1 a. SHERIFF SERVICE PRaCESS RECEIPT sntt /ti~FtDAVIT OF RETURN David A. Shorter ~, ~~.. . ~.. ~1 SERVICE CALL (717) 771-9601 2. U/T~RC1V11 '. TYPE of wRlr oR COMPL.AINT ORDER & Order of Court „.„., 5. NAME OF INOMOUi4L, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION Of PROPERTY TO l3E LEVIED, ATTACHED, OR SOLO 13r~da R. Shorter 8. ADDRESS (STREET OR RFO WITH BOX Nt3Ml3ER, APT. NO., CITY, 80R0, TWP., STATE ANO Z~ CODE) AT 64S 5iexisburg Road Mechanicsburg, PA T. WDICATE SERVICE: O PERSONAL V PERSON IN CHARGE DEPUTIZE ~~ C] 1ST CLASS'MAN. V POSTED L OTHER NOW August ~~ , 20 I, SHERIFF QF C COUNTY, PA, doh y tiepufize riff of York COUNTY to execute this 'atom th riling to taw. This depudzation being made 3t the request and risk of the plaintiff. , +~ 8. SPECIAL MISTRUCTKN~IS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING ~ ~ ~` ~U K ~' Y C>ii'l~d Please mail return of s~xvice to CtmbQxland County 5h~iff. Thank you. ASV FEE PATtj BY ATTY. qTl: OILY APla.M~1B4E ON tMIIT ~ EXECtJTiON: N.B. WAIVER OF wATC1lWNi -Any da:puly sMrM k~9 upon or attaching sny property under within writ may leave acme +iy+otrt s vtrlninnasn, in waAO6y of whorrnaver a found in possession, alter notifying person or levy or attachment. wiMout IiabiNy on the part of wch deputy or the aherilf to any plaintiff Nrsin for any beat. daln+dion. or rennoval of any pnoperiy before sherilra ask thereof. I. TYPE NIYME and ADDRESS of ATTORNEY 1 ORIGINATOR and SIGNATUR~ L I Z A B E T H S. B E C K L E Y, •{+fELEPNE'MlE NUMIIER 11. tN1TE fiLEO 212 N. THIRD ST., PO BOX 11998, HARRISBURG, PA 17108 17-233-7691 8-15-2007 i2. SEND NOTK;E OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be oompkted it notice is k be maned). CUMBERLAND CO SHERIFF /s. 1 adatotelsdpe a0sipt of qte wrN /1. GATE RECEIVED 1 S. ExpraewvHe~rinp Date or ooltapll..n as .tdiaaMd .hove. M J M C G I L L Y C S O 8- 2 2- 2 0 0 7 $- 3~~ 2 Q 0 7 18. IIOYV ~RVED: PERSOtWV. ( ) RESIDENCE ( POSTED ( ) POE ( ) SHERIFF'S OFfICE ( ) OTIiER ( ) SEE REMARKS BELOW 17. O 1 hsregr ano Morn s NOT FOUND bscauale 1 sm unable to locate eie individual, oompeny. etc. named above. (See remarks 1~Now:) 18. NAME AND TITLE OF INDMDtIAI. SERVED I LIST ADDRESS HERE IF NOT SHOWNAt10VE (RetwonahiD fo Deleandsn!) N z ~ S t 19. d 20. Time of ice ~ v g, - ~TH~ 6Err ~ s . It Z: 3~ ~. a 21. A Tune Milers Mt. -Date Time MYes Int. Date Time Miles Int. Date Tvne Miles Mk bale Tone IMNSS Int. Oak Time Mika Int. 22. REMARKS: 2J. Advsnct Casts T4. Costs 25. Nlf Z8. Milepe 27. Za. Sub Total 29. Paind ~0. Notary 3t: Surdg. iot. Coats 31 Costa L>t+e CtNgc NO o O d cx~ ~ 1 • ~O ~ , , . S4. C01"'l1- Owls _ 95. Aa)vanoe Coats 38. service costs 37. Notary cert. ae. Mil~palP owpafNot Fours w. Toth costa ao. Coale flue or Refund a AFFMtl~ zo a*rarMlerts a1. a2. day 1~ iii--- o ~o aa. sipnaeae of ~ wp. sb«w ,~ 4s. ~ ~ LISA L SriilVllllAN h[JT a6. SgrlMurs of Ytxk 47. TE , CITY pF YORK YORK COUNTY 4! Ic L L I A M M HOSE ~"~~ -' ~ t`AY CC1i1MISSIG~1 E~'iRESAUG 12 '~ . . , , ae. Sipnakre al fareipn 49 DATE