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HomeMy WebLinkAbout09-2818Shelly R. Short, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Brian K. Short, Defendant NO.09-CIVIL TERM 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 right 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, Carlisle, Pennsylvania. 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 LAWYER, GO TO OR TELE PHONE 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 St. Carlisle, PA 17013 (717) - 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. Shelly R. Short, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Brian K. Short, Defendant NO. 09- CIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Shelly R. Short, by her attorneys, the Family Law Clinic, sets forth ithe following causes of action in divorce and custody: COUNTI DIVORCE UNDER TITLE 23 Pa. C.S. &§3301 (d) OF THE DIVORCE CODE: 1. Plaintiff is Shelly R. Short, who currently resides at 10 Ritner Gardens, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Brian K. Short, who currently resides at Lot 57, 2004 Philadelphia Ave., Chambersburg, Franklin County, Pennsylvania. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 12, 1988, in Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since August 15. 2006. 6. There has been a prior action for divorce between the parties, captioned Brian Short v. Shelly Short in the Court of Common Pleas of Franklin County Pennsylvania in the term of 2008 and numbered 1055. This filing was commenced on March 6, 2008 on the grounds irretrievable broken. The Court dismissed the action on November 18, 2008. A true and correct copy of the order dismissing the divorce is attached. 7. The marriage is irretrievably broken. 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 dissolving the marriage. COUNT II CUSTODY 9. Plaintiff repeats and realleges paragraphs 1 through 8. 10. Plaintiff seeks shared legal and primary physical custody of the following child: Name Present Residence Age Sierra Short 10 Ritner Gardens, Shippensburg PA 8 The child was not born out of wedlock. The child is presently in the custody of Shelly R. Short, who resides at 10 Ritner Gardens, Shippensburg, Cumberland County, PA 17257. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Dates. Shelly Short 10 Ritner Gardens 08/27/07 - present Larry Wright Shippensburg Pa, 17257 Brian Short Lot 57, 2004 Philadelphia Ave. 08/15/06 - 08/27/07 Salinda Lane Chambersburg, PA 17201 Shelly Short U.S. 11 Apt. Philadelphia Ave. 08/09/00 - 08/15/06 Brian Short Chambersburg, Pa 17201 The mother of the child is Shelly Short. She is married. The father of the child is Brain Short. He is married. 11. The relationship of Defendant to the child is that of father. Defendant resides with the following persons: Name Salinda Lane Kevin Short Relationship girlfriend son 12. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with the following persons: Name Larry Wright Sierra Short Relationship boyfriend daughter 13. 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the primary caretaker of the child; b. Plaintiff has been providing the child with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff would like the child to have substantial contact with both parents; d. Plaintiff is willing to accept custody of the child; e. Plaintiff continues to perform parental duties when the child is in her care and enjoys the love and affection of the child. 15. 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 the court grant her shared legal custody and primary physical custody of the child, with reasonable periods of partial physical custody for the Defendant. submitted, Date Yid-or Davidson II Certified Legal Intern ANNE 91?FALD-F X Supervisin Attorneys Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-3696 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition are true and correct to the best of my personal knowledge 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. r7 Date: S elly R/ Snort IN THE COURT OF COMMON PLEAS OF THE 34"' JUDICIAL DISTRICT OF PENNSYLVANIA- FRANKLIN COUNTY BRANCH Brian K. Short, Plaintiff VS. Shelly Short. Defendant Civil Action Law : No. 2008-1055 In Divorce a.v.m. ORDER OF. COURT ? I .?!? it appearing to the Court that the plaintiff, Brian K. Sbort, has fade to"attend the Education Program for Divorcing Parents class by the Court's deadline of Octobcr 25, 2008, IT IS HEREBY ORDERED BY THE COURT that the divorce complaint be dismissed. -O c: Michael J. Connor, Esq. Brian K. Short Shelly Short -+, L? r 4 u a? D CD n r '.7) 4? ' w BY THE COURT, :' 089 MAY --5 PM 3= 06 . ?? COUN Y PENNSYLVANI , S FP w, oto? Shelly R. Short, Plaintiff V. Brian K. Short, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 09- oU18 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Shelly K. Short, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the parry proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date T U Respec mitted, r Y4 Victor Davidson II Certified Legal Intern lu 17 ROBER S THOMAS PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 RZ-OFrr.E OF THE PPM M,10TARY 2009 MAY -5 PM 3: Q 6 CUMBEHLK,iD COUNTY PENNSYl.V941A Shelly R. Short, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Brian K. Short, Defendant : NO. 09 - x818 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on August 10, 2006, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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. 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. §4904, relating to unsworn falsification to authorities. Date 3o"OS-- elly R. ort Plaintiff ?tC6 OF THE PSMrOtUR' 2009 MAY -5 PM 3: 06 r NNStVANIA SHELLY R. SHORT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN K. SHORT DEFENDANT • 2009-2818 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 13, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 19, 2009 at 1:00 PM 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: A/ John J. Manganr., Esq. 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. 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 CAF THE inn ?.,?.,r TRAY 2009 MAY 14- PM 2: 4 6 the Shelly R. hort, Plai tiff v. Brian K. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION-LAW DIVORCE NO. 09-2818 CIVIL TERM CERTIFICATE OF SERVICE I, A am Britcher, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Brian K. Short, residing at 5400 Lincoln Way E., Lot 23, Fayetteville, PA, 17222, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Brian K. Short, on the 19th day of May 2009 as evidenced by the attached green card.. -?? ?.?. Adam Britcher Certified Legal Intern U R BER S 13 THOMAS PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER r c3 Cnr Counsel for Plaintiff ?0 C 1 K o ? a Ln FAMILY LAW CLINIC A 45 North Pitt Street rq Carlisle, PA 17013 n ?. ? o (717)243-2968 Q o Fax (717)243-3639 p o -? rq _ M o r 4C? jig OF 7NC r r ?AR F 2 0 9 9 M, AY 20 f i'1 1: 3 0 Shelly R. Short, Plaintiff V. Brian K. Short, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 09-2818 CIVIL TERM AMENDED CERTIFICATE OF SERVICE I, Adam Britcher, Certified Legal Intern, Family Law Clinic, hereby amend the Certificate of Service dated May 20, 2009. I certify that the Family Law Clinic served a rue and correct copy of the Divorce Complaint as well as a copy of the Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code on Brian K. Short, residing at 5400 Lincoln Way E., Lot 23, Fayetteville, PA, 17222, by depositing a copy of the same in the United States mail, Certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Brian K. Short, on the 19`h day of May 2009 as Certificate of Service dated May 20, 2009. Date May 27, 2009 ed to the kj_ MEGA14 IESMEYEPRLY/_? Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 Certified Legal Intern Zul 99EAT 27 Alf II: 3L! ' 7qJ SHELLY R. SHORT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY BRIAN K. SHORT, Defendant. : NO. 09-2818 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this Lay of tTo K e , 2009, between Shelly R. Short', hereinafter Mother, and Brian K. Short, hereinafter Father, concerns the custody of their child: Sierra Short, born August 9, 2000. 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. Father shall have periods of partial physical custody of the child on alternating weekends and other weekends that the parents mutually agree upon, from 5:00 pm on Friday until 7:00 pm on Sunday. 4. During the summer months when the child is not in school, Father shall have other periods of custody when the parents mutually agree. During the summer periods of custody Father shall return child to mother's custody by 8:00 pm on the agreed day. 5. At times child is in Father's custody, child's brother, Kevin Short, must be present. 6. Mother and Father shall meet at the Chambersburg Mall to exchange custody of child. Adam Britcher Certified Legal Intern Counsel for Plaintiff 7. Mother and Father will agree upon which holidays child will spend with each parent. 8. Mother and Father will notify each other of all medical care the child receives while in that parent's care. Mother and Father will notify the other as soon as possible of medical emergencies, which arise while the child is in that parent's care. 9. Neither parent will 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. 10. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 11. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. elly R. ort, Plait tiff Brian K. Short, Defendant ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax(717)243-3639 Fir rr ,. LrL.'AJ1r ,??r THE F r. SHELLY R. SHORT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY BRIAN K. SHORT, Defendant. : NO. 09-2818 CIVIL TERM CERTIFICATE OF SERVICE I, Adam Britcher, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving on this day a copy of the Notice of Intention to Request Entry of § 3301(d) Divorce Decree and a copy of the Defendant's Counter Affidavit Under 3301(d) of the Divorce Code upon Brian K. Short, residing at 5400 Lincoln Way ELLot,-F-ayy-e ville, PA 17222, by First Class Mail. Date: Adam Britcher Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 i U; OTARY Or. 1, 2099 IJ 18 Fill1 ?? JUN 192009 SHELLY R. SHORT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY BRIAN K. SHORT, Defendant. : NO. 09-2818 CIVIL TERM CUSTODY ORDER A AND NOW, this 1? day of June, 2009 as per the attached and signed Custody Agreement, the following terms are approved and entered as an Order of Court: 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child on alternating weekends and other weekends that the parents mutually agree upon, from 5:00 pm on Friday until 7:00 pm on Sunday. 4. During the summer months when the child is not in school, Father shall have other periods of custody when the parents mutually agree. During the summer periods of custody Father shall return child to mother's custody by 8:00 pm on the agreed day. 5. At times child is in Father's custody, child's brother, Kevin Short, must be present. 6. Mother and Father shall meet at the Chambersburg Mall to exchange custody of child. 7. Mother and Father will agree upon which holidays child will spend with each parent. 8. Mother and Father will notify each other of all medical care the child receives while in that parent's care. Mother and Father will notify the other as soon as possible of medical emergencies, which arise while the child is in that parent's care. 9. Neither parent will 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. By the Court: - N-? ?A, V J. cc: BRIAN K. SHORT, pro se 5400 Lincoln Way E Lot 23 Fayetteville, PA 17222 FAMILY LAW CLINIC, for Mother n 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax(717)243-3639 L i "Uli t SHELLY R. SHORT, Plaintiff V. BRIAN K. SHORT, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 09-2818 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown and separation for two years under § 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: United States Mail Certified Restricted Delivery Return Receipt Request Postage Prepaid addressed to Brian K. Short, 5400 Lincoln Way E., Lot 23, Fayetteville, PA 17222 on May 19, 2009. 3. Date of execution of the affidavit required by § 3301(d) of the Divorce Code: April 30, 2009; Date of filing the plaintiff's affidavit: May 5, 2009; Date of service of the plaintiff's affidavit upon the respondent: May 19, 2009. 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree a copy of which is attached: United States Firs Class Mail Postage Prepaid addressed to Brian K. Short, 5400 Lincoln Way ., Lot 23 Fayetteville, PA 17222 on June 18, 2009. % Date j71,61e)Q - E ?-? Adam Britcher Certified Legal Intern Megan?Riesmeyer, Esquire Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 1 4 SHELLY R. SHORT, Plaintiff CIVIL ACTION - LAW IN CUSTODY BRIAN K. SHORT, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-2818 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: BRIAN K. SHORT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after July 10, 2009, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. IF YOU CANNOT AFFORD 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 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Cumberland County is required by law to comply with the Americans with Disabilities 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. SHELLY R. SHORT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY BRIAN K. SHORT, c~} Defendant. : NO. 09-2818 CIVIL TERM ?r CERTIFICATE OF SERVICE I, Adam Britcher, Certified Legal Intern, Family Law Clinic, hereby certify iat,I amp serving on this day a copy of the Notice of Intention to Request Entry of § 3301(d) Di grcer;;, Decree and a copy of the Defendant's Counter Affidavit Under 3301(d) of the Divoro?;,-`Code' upon Brian K. Short, residing at 5400 Lincoln Way E, Lot 23; -F`ayetteville, PA 17222, by First Class Mail. / CO/ Date: Adam Britcher Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 :: e? Y OF THE iLii9 il I 10 4i ;RILE" ? - "j 3