The URL can be used to link to this page

Home My WebLink About09-0393JOHN F. KING LAW, P.C. John F. King, Esq. ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/ (717) 422-5526 Harrisburg: (717) 236-8000 Attorney for Plaintiff KIRK SHELLEMAN, Plaintiff V. LINDA SHELLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 9 - 3 lc- 3 c:,,j ; l -t up. CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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 of 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 the 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, 1 Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, JOHN F. KING LAW, P.C. By. J66 F. King, Esquire 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 JOHN F. KING LAW, P.C. John F. King, Esq. ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/ (717) 422-5526 Harrisburg: (717) 236-8000 KIRK SHELLEMAN, Plaintiff V. LINDA SHELLEMAN, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6q -3 9 3 c ti',l 4trA CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR SECTION 330Ud) OF THE DIVORCE CODE 1. Plaintiff is Kirk Shelleman, who currently resides at 703 East Coover Street, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant is Linda Shelleman, who currently resides at 49 Buttonwood Lane, Carlisle, Cumberland County, PA 17013. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 24, 2004, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The parties separated on November 29, 2008. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. COUNT I - COMPLAINT FOR PARTIAL CUSTODY 9. The proceeding paragraphs 1 through 8 are incorporated herein as though set forth at length. 10. The Plaintiff is Kirk Shelleman, who currently resides at 703 East Coover Street, Mechanicsburg, Cumberland County, PA 17055. 11. The Defendant is Linda Shelleman, who currently resides at 49 Buttonwood Lane, Carlisle, Cumberland County, PA 17013. 12. Plaintiff seeks partial custody of the following child: NAME PRESENT RESIDENCE AGE DOB Dominique Shelleman 49 Bottonwood Lane Carlisle, PA 17013 The child was born out of wedlock. 4 yrs March 2, 2004 The child is presently in the primary custody of Defendant/Mother (by adoption), Linda Shelleman, who resides at 49 Bottonwood Lane, Carlisle, PA 17013. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME Christina Henninger (Biological Mother) Diane (Biological Half Sister) Kayla (Biological Half Sister) Kirk Shelleman RESIDENCE Nanrock Drive Mechanicsburg, PA Rod Shelleman (Paternal Grandfather) 703 East Coover Street Bonnie Shelleman (Paternal Grandmother) Mechanicsburg, PA Defendant Linda (Panza) Shelleman Cumberland Street Plaintiff Kirk Shelleman Enola, PA Defendant Linda Shelleman 49 Bottonwood Lane Carlisle, PA DATE DOB to 06/2004 06/2004 to 1/2005 01/2005 to 5/2006 5/2006 to present The mother of the child is Linda Shelleman, by way of adoption in August 2005, currently residing at 49 Bottonwood Lane, Carlisle, PA. She is married to the Plaintiff. The father of the child is Kirk Shelleman, currently residing at 703 East Coover Street, Mechanicsburg, PA. He is married to the Defendant. 13. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Rod Shelleman Father Bonnie Shelleman Mother 14. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME Subject child RELATIONSHIP Son 15. Plaintiff has not participated as a party or witness, or in another capacity, 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. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The subject minor child has a close loving relationship with his father and it would be in the best interest and permanent welfare of the child to perpetuate that relationship. 17. 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 a party to this action. WHEREFORE, Plaintiff requests the Court to grant an Order of Custody. Respectfully submitted, Date: /,,)- Ll Lo JOHN F. KING LAW, P.C. JQ F. King, squire 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 (717) 422-5526 FAX Attorney for Plaintiff J . VERIFICATION I, Kirk Shelleman, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Kirk Shelleman Dated: January 4, , 2009 r- Vr r 0 KIRK SHELLEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-393 CIVIL ACTION LAW LINDA SHELLEMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 03, 2009 , 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 Thursday, March 12, 2009 _y at 9:30 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/ Hubert X. Gilroy, Es q. 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 THI$,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 Yry*- IA"-l ,jy. 4k, VINVA f tT f?=! LO M Wd £- 83d 6012 33H440-CtMW KIRK SHELLEMAN, Plaintiff V. LINDA SHELLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-393 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Linda M. Shelleman, in the above-captioned matter. :1-3,2009 Charles A. DeCosm r. Certified Legal Intern Meg esmeyer Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 (717) 243-3639 Fax Attorney for Defendant KIRK SHELLEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-393 Civil Term LINDA SHELLEMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Charles A. DeCosmo Jr., hereby certify that I am serving a true and correct copy of the Praecipe to Enter Appearance on the following person, counsel for plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this ?Z_ day of 2009: John F. King, Esquire 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 ?u-u? Charles A. DeCosmo Jr Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 (717) 243-3639 Fax ["'} h?. '?"I `? `ix?- ?.} t:...? r-,? 1 ( t { .J..3 ?. ` 1 KIRK SHELLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-393 Civil Term LINDA SHELLEMAN, CIVIL ACTION -LAW Defendant IN DIVORCE CUSTODY AGREEMENT THIS AGREEMENT, made this _L!' day of May, 2009, between Linda M. Shelleman, hereinafter Mother, and Kirk A. Shelleman, hereinafter Father, concerns the custody of their child: Dominique Shelleman, born March 2, 2004. Mother and Father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Partial custody with Father will be on the following schedule: a. Alternating weekends from Friday until Sunday; b. The Thursday after Father's weekend of custody; C. The Tuesday following Father's Thursday period of custody. During the school year, all of Father's periods of custody will begin at 4:00 PM and end at 7:00 PM and, during the summer vacation, Father's periods of custody will begin at 2:00 PM and end at 7:00 PM. 4. If Father is unable to exercise his weekday custody, he must notify Mother 24 hours in advance. 5. Holidays: a. Mother will have custody every New Years day and Labor Day; b. Father will have custody every Memorial Day eve from 6:00 PM until Memorial Day at 6:00 PM; C. Thanksgiving and 4' of July will alternate and custody will begin the evening before the holiday at 4:00 PM until the following day at 6:00 PM. Father shall have custody the 4" of July 2009, and Mother shall have custody on Thanksgiving 2009, and 4`'' of July 2010, and alternating thereafter; d. For the Christmas and Easter holidays, Father shall have custody on Christmas Eve from 2:00 PM to 7:00 PM and Christmas Day from 12:00 PM to 8:00 PM. Father will have custody on Easter Sunday from 12:00 PM to 6:00 PM. e. Mother shall have custody on Mother's Day from 11:00 AM until 7:00 PM; f. Father shall have custody on Father's Day from 11:00 AM until 7:00 PM; g. The holiday schedule supersedes the regular custody schedule. 6. Vacations: Each party will be allowed two uninterrupted non-consecutive weeks each calendar year, and shall give at least 30 days notice to the other for the start and end dates for each of these periods. After the child starts school, these periods must be taken during the summer vacation. 7. Transportation: All transportation will be provided by that party that is beginning their period of custody. 8. Each parent will be allowed reasonable telephone communication with the child, not to exceed one telephone call per day. 9. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither parent will do anything, or allow third parties to do anything, which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 11. This Agreement may be amended by mutual agreement of the parties. 12. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. Kirk A. Shelleman, Plaintiff/ Lmda M. Shelleman,Defendant Charles A. DeCo o, Jr. Certified Legal Intern &U4U &)* Megan .esmeyer, Esq. Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 (717) 243-3639 Fax Attorney for Defendant Carlisle, PA 17013 (717) 258-4343 (717) 422-5526 Fax Attorney for Plaintiff FILED 3fflWP DP THE PRr) 4 t ' `N.k0TAPY 2009 MAY -7 PM 1: 2 11 ?^t? cum,-'t,;' ?.: , ?,JN I t PE " MAY O 'd 20001 KIRK SHELLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LINDA SHELLEMAN, NO. 2009-393 Defendant IN CUSTODY ORDER lt? AND NOW, this _ day of May, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator; relinquishes jurisdiction. ubert X. Gilroy, Esqu e Custody Conciliator FILED-0-YFICE OF IT E P,ROTHON' TARY 2009 MAY I I AM 10: 4 4 Pk.yj\r MAY 0 8 2009 ORDER AND NOW, this day of May, 2009, upon agreement of the parties, it is hereby KIRK SHELLEMAN, Plaintiff V. LINDA SHELLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-393 Civil Term CIVIL ACTION -LAW IN DIVORCE ORDERED and DECREED that the terms, conditions and provisions of the attached Custody Agreement, dated May 6, 2009, entered into by the parties and executed by the parties and their counsel, are adopted as an Order of Court. BY THE COURT: ??L Q C a. F- 10, =.? uj r ? N C.? V? w G ? T h 1 Kirk Shelleman, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-393 CIVIL TERM Linda Shelleman, -z,z ZG Defendant :CUSTODY Mai - -v -.., PRAECIPE FOR WITHDRAWAL OF APPEARANCE d C -a 0 y` C N TO THE PROTHONOTARY OF SAID COURT: Pursuant to Pennsylvania Rule of Professional Conduct 1.16(a)(3), please withdraw the appearance of the Family Law Clinic as attorney of record for the Defendant, Linda Shelleman, at ca rnr- -u rn _U C C) X c-) M the above captioned docket. On September 17, 2010, Linda Shelleman discharged the Family Law Clinic, in writing, from representing her in this matter. A copy of the Discharge is attached to this Praecipe. Respectfully submitted by, f' - .--;4 Patrick Schae er Certified Legal Intern P MEGAN RIESMEYER ROBERT RAINS THOMAS M. PLACE ANNE MACDONALD-FOX FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Kirk Shelleman, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 09-393 CIVIL TERM Linda Shelleman, Defendant :CUSTODY DISCHARGE OF REPRESENTATION I, Linda Shelleman, discharge the Family Law Clinic from representing me as my attorney in this case. Date: 04?-17-;20/0 Linda Shelleman Kirk Shelleman, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-393 CIVIL TERM Linda Shelleman, Defendant :CUSTODY CERTIFICATE OF SERVICE I, Patrick Schaeffer, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Praecipe to Withdraw on the following persons by first class U.S. Mail, postage prepaid, this 17"i day of September, 2010: Linda Shelleman 49 Buttonwood Lane Carlisle, PA 17015 John F. King, Esquire 4076 Market Street, West Entrance Camp Hill, PA 17011 FOR PLAINTIFF w Patrick Schaef er Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 KIRK SHELLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA .~-, ~ -~ _' v. NO. 09-393 `~ ~, ~_ -~ --+ Fi"r~ 4--~ s--- LINDA SHELLEMAN, CIVIL ACTION--LAW - = Defendant IN DIVORCE ~`"''"• -~-.- `~-;'~ ~, . -- -E, ~ -n "y ~ - ~.. ~ C"") COUNTERCLAIM ~. ~ • • ~ '~' ~ ` r;'z ,?;3 COUNT I EQUITABLE DISTRIBUTION _ ' ' 1. The allegations of paragraph 1-8 of the Divorce Complaint are incorporated as if set forth herein. 2. The parties acquired property during the time of their marriage. 2. The parties have been unable to divide their assets and debts agreeably. WHEREFORE, the Defendant asks the Court to enter an order of equitable distribution. COUNT 2--ALIMONY 3. All preceding allegations are incorporated as if set forth fully herein. 4. The Defendant is entitled to an award of permanent or rehabilitative alimony under 23 P.S. §3701. WHEREFORE, the Defendant asks the Court to enter an order for alimony. RESPECTFULLY SUBMITTED, Shawn A. Bozarth, Esquire 114 South Street Harrisburg, PA 17101 717-503-9399 DATE: ~ ~~ p~lJ ~~ Attorney I.D. No. 41068 7R. 00 Pn AlT1 ~~ ~ iaa ~~ a~l9a90 ~`~.n~ C'~ S CERTIFICATE OF SERVICE I, Shawn A. Bozarth mailed a copy of this Counterclaim to the Plaintiff, through his counsel, John F. King, Esquire at his address of 19 S. Hanover Street, Suite 103, Carlisle, PA 17013, by first class U.S. Mail, prepaid. „4~. ~ ~~~~o~~ S .awn A. Bozarth, Esquire 114 South Street Harrisburg, PA 17101 717-503-9399 Attorney I.D. No. 41068 VERIFICATIQN I verify that the statements made in this Petition for Alimony and Equitable Distribution are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~' ~o ~la ~ ~, Linda M. Shelleman, Defendant ~~