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HomeMy WebLinkAbout04-0401TARA M. SHORT, Plaintiff JOHN E, SHORT, JR. Defendant IN THE GOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 0401 CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I vedfy that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. TARA M. SHORT, Plaintiff JOHN E. SHORT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04 - 040t GIVIL TERM : : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that ~ may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. JOHN E. SHORT, JR. HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA t70t3 (717) 243-6090 ATTORNEY FOR PLAINTIFF TARA M. SHORT, Plaintiff JOHN E. SHORT, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · . CIVIL ACTION - LAW : NO. 04 - 0401 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: decree: Transmit the record, together with the following information, to the court for entry of a divorce 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about January 31, 2004, defendant was served with a copy of the divorce complaint (See Acceptance of Service filed simultaneously herewith). Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: May 21,2004. By the defendant: May 20, 2004. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None June 2, 2004 Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: June 2, 2004. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: ~ HAROLD S. IRWIN, II1~ ] Attorney for P/aintiff ~ IN THE COURT OF COMMON PLEAS TARA M. OF CUMBERLAND COUNTY STATE OF PENNA. SHORT, Plaintiff NO. 04 - 0401 CIVIL TERM VERSUS JOHN E. SHORTt JR., Defendant DECREE IN DIVORCE AND nOW,/'~.~ ~ ? DECREED THAT TARA M. SHORT AND JOHN E. SHORT, JR. ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2004 , It IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THrS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE TARA M. SHORT, Plaintiff JOHN E. SHORT, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _, : CIVIL ACTION - LAW : NO. 04 - 040t CIVIL TERM : : IN DIVORCE ACCEPTANCE OF SERVICE i, John E. Short, Jr., defendant in this divorce action, hereby certify that I received a copy of the complaint in divorce on or about January 31, 2004 by U.S> Mail addressed to me at 184 Bloserville Road, Carlisle, PA 17013. I verify that the statements made in this acceptance of service 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. (x~njDO ,2004 JOHN E. SI'fO'RT, JR. TARA M. SHORT, Plaintiff JOHN E. SHORT, Defendant IN THE COURT OF COMMON PLEA8 OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 040t CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about January 30, 2004. Service of the complaint was made on or about January 31, 2004 (see Acceptance of Service filed simultaneously herewith). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. TARA M. SHORT, Plaintiff JOHN E. EHORT, JR. Defendant : IN THE COURT OF COMMON PLEA8 OF : CUMBERLAND COUNTY, PENNEYLVANIA : : CIVIL ACTION - LAW : NO, 04. 040t CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION~ T~OR~EQU~ES? EN~TRY~O~F A DIVORCE_DECREE UNDER SECTION 330_1 (C) ~OF~T~H~E DI~VOR~E_ CODE 1. ] consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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 unswom falsification to authorities. //"~-bIj ~ / , 2004 ~F~ M. SH'~/~-~ TARA M. SHORT, Plelntlff JOHN E. SHORT, JR., Defendent IN THE COURT OF COMMON PLEA8 OF CUMBERLAND COUNTY, PENNSYLVANIA GIVIL ACTION - LAW NO. 04 - 040t CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was flied in this matter on or about January 30, 2004. Service of the complaint was made on or about January 31, 2004 (see Affidavit of Service filed simultaneously herewith). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. , oo4 JO~N ~. SHOI~T, ,JR. TARA M. 8HORT~ Plaintiff JOHN E. SHORT, JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : NO. 04 - 0401 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330t(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses Jf I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. J ORT, JR. HAROLD 8. IRWIN, II1~ ESQUIRE ATTORNEY ID NO. 2Gg20 e4 ~OUTH PIl'r STREET ~R/.ISLE PA 17013 AI'TORNEY FOR PLAINTIFF TARA M. SHORT~ Pl,~lntlff JOHN E. SNORT~ JR. Defendant IN THE COURT OF COMMON PLEA8 OF CUMBERLAND COUNTY~ PENNSYLVANIA CIVIL A~TION - LAW NO. 04 - ~o ~ CIVIL TERM IN DIVORCE NOTICE 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 in 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'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, Pennsylvania 17013 717-243-3166 TARA M. EHORT~ Plaintiff JOHN E, SNORT~ JR,, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04. /~d) / CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is TARA M. SHORT, an adult individual residing at 1113 Peace Pipe Place No. 102, Myrtle Beach, South Carolina 29579. 2. The defendant is JOHN E. SHORT, JR., an adult individual residing at 184 Bloserville Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The defendant has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were marded on July 2, 1998, in Winchester, Virginia. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling, WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. January 30, 2004 64 South Pitt Street Carlisle, Pennsylvania 17013 (7t 7) 243-6090 Supreme Court ID No. 29920 TARA M. SHORT~ Plaintiff JOHN E. SHORT, JR., Defendant IN THE COURT OF COMMON PLEA8 OF CUMBERLAND COUNTY, PENNBYLVANIA CIVIL ACTION - LAW NO. 04 - CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. January 30, 2004 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 170t 3 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF TARA M. SHORT, Plaintiff v. JOHN E. SHORT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · ' CIVIL ACTION. LAW : NO. 2004 - ~/-~/ CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is TARA M. SHORT, an adult individual residing at 1113 Peace Pipe Place No. 102, Myrtle Beach, South Carolina 29579. 2. The defendant is JOHN E. SHORT, JR., an adult individual residing at 184 Bloserville Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of three minor children, namely JOHN E. SHORT, JR. (born July 9, 1999, age 4), OLIVIA K. SHORT (born September 11, 2001, age 2) and LANDIN T. SHORT (born March 25, 2003, age 10 months). 4. The two oldest children resided with both of the parties from the birth of those children until the parties' separation in September, 2002. The children have resided with the plaintiff since the parties' separation. The youngest child has always lived with the plaintiff. 5. The plaintiff has not participated as a party,, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the children, that the plaintiff have primary physical custody of the children and that the defendant have temporary physical custody of the children in accordance with their mutual agreement. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: D. The Father shall have temporary physical custody and visitation of the children as the parties may mutually agree. D. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. E. The parties shall keep each other adviised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. F. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. G. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. H. Any modification or waiver of any of the previsions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. I. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should cimumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the chiidre~ as aforesaid. ,oo, HAROLD S. ~R,W,'~N,. ~ Attorney for Pla~~ Verification and Confirmation of Agreement We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, wE; do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. ,2004 ~..//~TARA 1.. SHORT~ ~ (SEAL) ,2004 JOHN I---. SHORT, JR. VERIFICATION AN_II CONFIRMATION OF AGREEMENT We do hereby vedfy that the acts set forth in this complaint are true and correct. We understand that false statements herein are made su,bject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. ,2004 .(SEAL) TARA M. SHORT ~(~.) ~ (~_ , 2004 JO'ir'l.'~'~4~ ~.~.E. SI-~'I~T, J-~R. (SEAL) TARA M. SHORT : PLAINTIFF : V. JOHN E. SHORT, JR. : : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04401 CIVIL ACTION LAW IN CUSTODY _ORDER OF COURT AND NOW, Friday, June 11, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, .July 16, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an efibrt 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. Fail~are to appear at the conference may provide grounds for entry ora 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/ Hubert X. Gilro? EW, mn, 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 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. 1F 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 HAROLD $' iRWiN, III, EsQUiRE ATTORNBY ID NO- 2~2Q 84 souTH prTT STREET CARLIBLB PA t70'!3 CT'tY) ~.~o~o AI'fl)RNEY FOR pLAINTiFF TARA M. SHORT, plaintiff Ve JoHN E. SHORT, JR,, Defendsnt : CIVIL ACTION ' LAW : NO. 04 - 040'1 CIVI'm TERM :IN DIVORCE NOTICE OF ,NT_E_N_'I'.I_O,N--T- TO RETAKE AND USE PRIO I, TARA M. SHORT, hereby give notice, avowing my intention to resume and hereafter use my prior surname, TARA M. TAYLOR, in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704 (a) (54 Pa.C.S.A. Section 704 (a)). My divorce, docketed to the above term and number was granted on June 9, 2004. I verify that the statements made in this document are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~,~/~da IN WITNESS WHEREOF, I have hereunto set my' hand and seal this __ -- Y of June, 2004. "mess: ~_____~~. ~ ",~ ~.~ _(SEAL) HAROLD S. IRWIN, ID EBQ ATTORNEY ID NO. 29920 64 SOUTH Pl'rr STREET CARLISLE PA 17013 (717) 243-G090 ATTORNEY FOR PLAINTIFF TARA M. SHORT, Plaintiff JOHN E. SHORT, JR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAHD COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004 -~_0/CIVIL TERM : -' IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ,~',-~ ,2004, upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor children, JOHN E. SHORT, JR. (born July 9, 1999, age 4), OLIVIA K. SHORT (born September 11, 2001, age 2) and LANDIN T. SHORT (born March 25, 2003, age 10 months). B. The Mother shall have primary physical custody of the children. C. The Father shall have temporary physical custody and visitation of the children as the parties may mutually agree. D. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. E. The parties shall keep each other advised immediately relative to any emergencies concerning the children and sl3all further take any necessary steps to insure that the health, welfare and well being of the children is protected. F. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. G. In the event of the breach of the a~lreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. H. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. I. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COUR'r,