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Home My WebLink About05-1347 vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ().s ~ 1.1 <I) STEVEN T, MITCHELL, Plaintiff, SHERRIN L. MITCHELL, Defendant : CIVIL ACTION . LAW : IN DIVORCE AND CUSTODY 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 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, One Courthouse Square, 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. STEVEN T. MITCHELL, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. SHERRIN L. MITCHELL, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SlOO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se Ie avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra par las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensacion eclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800)-990-9108 Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County, One Courthouse Square, Carlisle, P A 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORClO 0 ANULAMIENTO SEA EMTlOO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO. SO NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DON DE PUEDE OBTENER ASISTENCIA LEGAL. STEVEN T. MITCHELL, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. SHERRIN L. MITCHELL, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND CHILD CUSTODY AND NOW, comes Plaintiff, Steven T. Mitchell, (hereinafter referred to as "Plaintiff'), by and through his counsel, Linda A. Clotfelter, who files this Complaint in Divorce and Child Custody, and in support thereof states the following: 1. Plaintiff is Steven T. Mitchell, (hereinafter "Plaintiff') an adult individual who resides at 66 Gobbler Knob Road, Newville, Cumberland County, Pennsylvania, 17142. 2. Defendant is Sherrin 1. Mitchell, (hereinafter "Defendant"), an adult individual who resides at 4505 Spring Canyon Heights, Apartment 201, Colorado Springs, Colorado 80907, upon information and belief. 3. The parties are the parents of one (1) minor child, namely Wyatt Allan Mitchell, born August 14,2000, age four (4) years. COUNT I - REQUEST FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DOMESTIC RELATIONS CODE 4. Paragraphs 1 through 3 are incorporated herein by referenced as if fully set forth. 5. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing ofthis divorce Complaint. 6. Plaintiff and Defendant were married on August 21, 1999, in Levenworth, Kansas. 7. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since June 1,2004. 8. There are no pending divorce proceedings upon the filing date of this Complaint. However, there was prior action of divorce between the parties filed in the District and County Courts of EI Paso, Colorado on September 3, 2004, Docket No. 04 DR3308, which was dismissed on December 9, 2004. 9. Defendant is not a member of the armed forces of the United States or any of its allies, although Plaintiff is. 10. Plaintiff avers that the marriage is irretrievably broken. 11. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this Court deems just and proper. COUNT II - REQUEST FOR PARTIAL CUSTODY 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference. 13. As stated above, the parties are the parents of one child, a son named Wyatt Allen. Mitchell, born August 14,2000, age four (4) years. 14. During the child's life he has resided as follows: WITH WHOM ADDRESS FROM / TO Plaintiff and Defendant 66 Gobbler Knob Road Newville, PA 17142 11/2004 to 03/2005 Defendant 2700 Tracy Avenue, Ste. A 124 Pueblo, Colorado 81001 08/2004 to 11/2004 Plaintiff and Defendant Fort Carson 897 E. Witzer Drive Pueblo, Colorado 8100 I 0612004 to 08/2004 Plaintiff and Defendant Yongsan,Seoul](orea 041200 I to 04/2003 Plaintiff and Defendant Fort Hood Killeen, Texas Birth to 04/2001 15. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 16. There are no other proceedings pending involving custody of the child in this or any other state. 17. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 18. The best interests of the child will be served if the parties share legal custody and Defendant is awarded partial custody for the following reasons: a. Permitting the child regular and consistent contact with both parents so as to maintain a strong bond with both parents is in the best interests of the child and will permit him to develop emotionally, physically, and spiritually. It is also believed that both parties have a strong interest in providing a stable and secure home environment for the child. b. It is acknowledged by Plaintiff that both parties have provided primary care for the child since birth and it would follow that both parents should be permitted to continue in that role to the extent that a custody schedule would permit given the anticipated distance between the parties due to differing home states, upon information and belief at the time of filing of this Complaint. c. Despite the fact that without prior notice to Plaintiff, Defendant took the child and left the state, Plaintiff is agreeable to the entry of an Order granting shared legal custody to both parties, primary physical custody to Defendant, and partial custody to Plaintiff, thereby ensuring Plaintiff regular contact with the child, same clearly being in the best interests of the child. WHEREFORE, Plaintiff, Steven T. Mitchell, respectfully requests that, the Court enter a Decree in Divorce and an Order of Court granting the parties shared legal custody of the child; primary physical custody of the child to Defendant with partial custody to Plaintiff; and granting such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: .J.116 J 0 <j , Li da A. Clotfelter, Esquire A orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff STEVEN T. MITCHELL, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. SHERRIN L. MITCHELL, Defendant : CIVIL ACTION . LAW : IN DIVORCE VERIFICATION I, STEVEN T. MITCHELL, verify that the statements in the foregoing COMPLAINT IN DIVORCE AND CHILD CUSTODY 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 of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: /} IWt7<' O~- ~ ,. ~ "- '" .-J ~ ';\~ -... , <:::, C) ~ ~ \f'. /-) -;'1 (r. ~ ~ ..... \j -- -y~ -n ~ 10\ ~ 1" ~ I. iU" , \~ \ ~ ~ \, ~~.~ . ~ . ~ (); ~ ~ ~\~ ~',.., '- .' '" '" ~ - ~ ~.~ r'~) <:.10, t ~ C::, '"' -I:::.. STEVEN T. MITCHELL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1347 CIVIL ACTION LAW SHERRIN MITCHELL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, March 18,2005 ,upon consideration of the attached Complaint, ---'-'-~' ._---_._~-- it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq. . the conciliator, at__.__}9 "::est M"in Street, Mechanicsbnr~, PA 1705S_ on __ _____"'e~llesd"y,Apri!}O~~~_~_ at 10:30 ~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 thc 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_ 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: /5/ Dawn S~gndav, ESq'f- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs Act of 1990. For infonnation 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 A TTORNEY AT ONCE. IF YOU DO NOT HA VE 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 4~iP..~ ~ tk; .5il.. J/ [" ~l 'iZ ~ ?-{/~ 5rJN (' ~l f;v 5 ~ %"J fl! 5<1:Y f.' STEVEN T. MITCHELL, Plaintiff, : IN THE COURT OF COM ON PLEAS OF : CUMBERLAND COUNT PENNSYLVANIA vs. : NO. 05-1347 SHERRIN MITCHELL, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUST DY AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Steven T. Mitc ell, do hereby affirm that set forth below is the original return receipt of the Complaint for Divor e and Child Custody and Order scheduling a Conciliation Conference that was sent to Defenda t by Certified Mail, Restricted Delivery, Return Receipt Requested, which appears to cont in the signature of Defendant, Sherrin L. Mitchell, indicating that Defendant received same on March 29, 2005. The undersigned understands that the statements herein are made subject t the penalties of 18 P .S. 94904 relating to unsworn falsification to authorities. . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. X . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. Sherrin L. Mitchell 4505 Spring Canyon Heights Apt. 201 Colorado Springs, CO 80907 \ 1. Arti, 3. ~ice Type lit Certified Mail o Registered o Insured Mail 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Transfer from service label) PS Form 3811. February 2004 Domestic Return Receipt 10259S-Q2-M-154Q Respectfully submitted, Dated: -Ii /6) 05 , LOTFELTER inda A. Clotfelter, Esquire ttorney ID No. 72963 5021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 Q "> "'" = r;;;; c.n ~.:, > ..... j " fk::o 6i~ ::tl I I ~OS ri- 0"> ;;::0 ~IJ if3 -0 :d9 :::l:: ,'" ~~f;~ ~ - .. " (.n p..:,' STEVEN T. MITCHELL, Plaintiff, : IN THE COURT OF COM ON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA vs. : NO. 05-1347 SHERRIN MITCHELL, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUST DY CERTIFICATE OF SERVICE AND NOW, this 5th day of April, 2005, the undersigned hereby c rtifies that II true and correct copy of the foregoing ACCEPTANCE OF SERVICE was serv d upon the opposing party by United States First Class Mail, postage prepaid: Sherrin L. Mitchell 4505 Spring Canyon Heights, Apt. 20 I Colorado Springs, CO 80907 Respectfully submitted, LAW FIRM OF LINDA A. 1 ~'V da A. Clotfelter, Esquire A omey ID No. 72963 21 East Trindle Road, Suit Mechanicsburg, P A 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff ~ ~ ~ :::0 I 0' Q c~ ~":,,, ~ -';\)1 \~:1rr Z~; :2.', ~'~-, i2.\'-: ,,? <- ~ ;to" . }?C~ ~=\ .< "'" ~ ~ ~-,-I rnf": -08 -01 9.(1 ~-;-\ gc; .~- tt1 0. .'"1 ,7 :-.0. ...;. - (.}'l N SAlOIS SHUFF, FLOWER & LINDSAY AtTORNEYS-AT-LAW 26 W. High Street Carlisle, PA I[ STEVEN T. MITCHELL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-1347 Civil Action Law SHERRIN MITCHELL Defendant IN DIVORCE AND CUSTODY PRELIMINARY OBJECTION AND NOW COMES Sherrin L. Mitchell, by and through her counsel, Saidis, Shuff, Flower & Lindsay, P.c. and enters a special appearance to fiie a Preliminary Objection to Count II of the Complaint in Divorce and Child Custody filed by the Plaintiff as follows: 1. This Honorable Court lacks jurisdiction over the child pursuant to 23 Pa. C.S.A. Section 5344 (a) and Section 5343. SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Defendant By: Carol J. Li ire 10# ~4 26 West High Street Carlisle, PA 17013 (717) 243-6222 71 g578147g . InYCE K ';I\NCHF Z 1'[ PI\Gl~ ~7 04/22/20~5 12:53 04/2'2/2005 1.0: 20 SAInIS SHUFF, FLOWER & UNDSAY AITC'flN!1'S-A711,.i\W l(j w. High Sfreet C,rtllle, p^ 7J 7243651.0 SA lIJ 1 <, SHUFF I-I [)WfcR f'AGF 03!~4 ~Rl:f1CATION I, the undersigned, hereby verify that the statements made herein 11m true and correct. I understand that falSE statements her~in are made subject to the penalties of 18 Pa. CS 9 4904, relating to unsworn falsification to authorities. Date: l~ r:%2/u'S "t STAfF OF COLORADO 55. COUNTY OF EL PASO SUBSCRIBED AND SWORN TO before me on this 22nd day of April, 2005, by Sherrin Mitchell, Defendant. .".,,<.... SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle. PA I STEVEN T. MITCHELL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-1347 Civil Action Law SHERRIN MITCHELL Defendant IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Sharon A. Morrell, Paralegal for Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys hereby certify that on this d?S- CDp'u- Q , 2005, served the within day of Preliminary Objection this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Linda A. Clotfelter, 5021 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 Ak~"-elf, CL -rY'o),J~~ Sharon A. Morrell, Paralegal Saidis Shuff Flower & Lindsay (~T ::~:; (J 'n :::J ';.l~.' c\~ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.ATeLAW 26 W. High Street Carlisle, PA STEVEN T. MITCHELL Plaintiff v. SHERRIN MITCHELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1347 Civil Action Law IN DIVORCE AND CUSTODY PRAECIPE FOR THE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the limited purpose of contesting jurisdiction in the captioned case. II I _ Cl[t .. SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A II STEVEN T. MITCHELL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-1347 Civil Action Law SHERRIN MITCHELL Defendant IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Sharon A. Morrell, Paralegal for Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, .;)5~ FLOWER & LINDSAY, Attorneys hereby certify that on this ~f-1~ , 2005, served the within day of Praecipe for the Entry of Appearance this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Linda A. Clotfelter, 5021 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 Al "-.."-<J,\ a 'fY'oc~ Sharon A. Morrell, Paralegal Said is Shuff Flower & Lindsay c~ { ...- ~~ ~\, ~.~ ~l U' i~~ ~ ~ STEVEN T. MITCHELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-1347 CIVIL SHERRIN MITCHELL, Defendant IN RE: PRELIMINARY OBJECTIONS ORDER AND NOW, this /9' day of July, 2005, the defendant having filed preliminary objections with respect to Count II ofthe plaintiffs complaint, a count in custody, and it appearing that a parallel custody action is pending in Colorado, following telephone conference with the Honorable Robert C. Erler, Juvenile Magistrate, 4th Judicial District, Colorado Springs, Colorado, the undersigned being satisfied that the pending custody case will more appropriately be heard in Colorado, the plaintiffs complaint in custody in the captioned matter is DISMISSED. BY THE COURT, vrhe Honorable Robert C. Erler Juvenile Magistrate Fourth Judicial District Judicial Building Colorado Springs, Colorado 80903 '\ vtrnda A. Clotfelter, Esquire For the Plaintiff . ./1;) . Hess, 1. ve'arol Lindsay, Esquire For the Defendant ~ J ~fl"li 1\.1.-,;;'1. 8 I :6 H';j 61 "1nf SOUZ AU""'!" ,. '" j "HI:10 \,,~ 910i" Uh!"U;~(J :Jl 38!::!:!O-{]JlI:J ~CEIVED A'JG 032005 STEVEN T. MITCHELL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1347 CNIL ACTION LAW SHERRIN MITCHELL Defendant IN CUSTODY ORDER AND NOW, this 29th day of Julv.2005 , the conciliator, being advised by plaintiffs counsel that the Colorado Court has issued an Order assuming jurisdiction of this matter, hereby relinquishes jurisdiction. FOR THE COURT, ca-d.. a4 Dawn S. Sunday, Esquire Custody Conciliator ,;;) 8"1 :1}111V !1- ~Inv ~QJl