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Home My WebLink About07-0855DENNIS K. SHEMORY, JR., Plaintiff v. KERRSIA L. SHEMORY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c ~ ~~) -f-c.~~, CIVIL ACTION -LAW IN CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are serve, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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 COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Se usted desea defenderse de las demandas que se prsentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fall por cualquier sums de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNT BAR ASSOCIATION 32 S. BEDFORD STREET 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 assessable facilities and reasonable accommodations available to disable 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. CUMBERLAND COUNT BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 DENNIS K. SHEMORY, JR., Plaintiff v. KERRSIA L. SHEMORY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 0~1 '~ ~S~ 1, lv ~ C~ 4 l :CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Dennis K. Shemory, Jr., an adult individual who resides at 210 N. Johnson Street, Harrisburg, Dauphin County, Pennsylvania, 17112. 2. The Defendant is Kerrsia L. Shemory, an adult individual who resides at 848 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The Plaintiff seeks custody of the following children: Name Date of Birth Awe Danelle N. Shemory 6/9/96 10 Jessica A. Shemory 8/7/99 7 The children are presently in the physical custody of their Mother, who resides at the address above. The children were born in wedlock. 4. During the past four years the children have lived with the following persons at the following addresses: a. With Mother and her boyfriend 848 Erford Road Camp Hill, PA 5. The Mother of the children is Kerrsia L. Shemory, currently residing at 848 Erford Road, Camp Hill, Cumberland County, Pennsylvania. Her marital status is divroced. 6. The Father of the children is Dennis K. Shemory, Jr., currently residing at 210 North Johnson Street, Harrisburg, Dauphin County, Pennsylvania. 7. The relationship of the Plaintiff to the children is that of Father. Plaintiff currently resides with his girlfriend, Colleen Sonder. 8. The relationship of the Defendant to the children is that of Mother. Defendant currently resides with her boyfriend. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of the custody proceedings of the children pending in a Court of this Commonwealth. 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 the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has shared in the care of the children and has provided the children with consistent and loving care. b. Plaintiff is willing and able to continue to provide proper care and supervision of the children. c. Plaintiff can provide a stable and loving environment to the children. 10. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests the Court to grant primary physical and legal custody of the children to the Plaintiff with liberal partial physical custody to Defendant. Respectfully Submitted,. ~~a~~¢ ~- ~ S.~ ~~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: 02-130 VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By Date: O7. "~ ~ ~~ ~ l ~.1 .~(~, ~ +~ ~ d o ~ -J ~~ ~ ~i ~~ ~ ~ ~ ~__~ ~ Can ~ o . ~ .~- „ DENNIS K. SHEMORY, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA u' 07-855 CIVIL ACTION LAW KERRSIA L. SHEMORY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 20, 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, March 20, 2007 at 9:00 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/ Daum 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 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 ] 7013 Telephone (717) 249-3166 g~~ ~~ -~ L,Q' ~~ ~ ~~ ~ ~~ ~ G~ . ~' ~° {~t~ ^~ ~lC~ ~~ ~~.~ ~~~6 DENNIS K. SHEMORY, JR.., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 07-855 KERRSIA L. SHEMORY, CIVIL ACTION -LAW Defendant IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Courtney Kishel Powell, Esquire, on behalf of the Defendant, Kerrsia L. Shemory, in the above-captioned action. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ,~'~ ~ ~~ ° O ~~ By: ~ Courtney Kishel owell Attorney I.D. #8 09 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant DENNIS K. SHEMORY, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 07-855 KERRSIA L. SHEMORY, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Defendant, Kerrsia L. Shemory, hereby certify that I have served a copy of the foregoing Praecipe to Enter Appearance on the following on the date and in the manner indicated below: VIA U.S. MAIL. FIRST CLASS. PRE-PAID Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 JAMES, SMITH, DIETTERICK & CONNELLY, LLP ~ ~~ J Dated: By: Courtney Kishel P ell, Esquire Attorney I.D. #815 9 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant DENNIS K. SHEMORY, 3R. Plaintiff vs. KERRSIA L. SHEMORY Defendant APR 04 20D~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-855 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of 2007, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. The Father, Dennis K. Shemory, Jr., and the Mother, Kerrsia L. Shemory, shall have shared legal custody of Danelle N. Shemory, born June 9, 1996 and Jessica A. Shemory, born August 7, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well being including, but not limited to, all decisions regarding their health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. During the school year, the Father shall have custody of the Children on alternating weekends from Friday, when the Father shall pick up the Children at the Mother's residence between 5:30 p.m. and 6:00 p.m. through Sunday, when the Mother shall pick up the Children at the Father's residence at 6:30 p.m. In addition, the Father shall have custody of the Children every Tuesday evening, when the Father shall pick up the Children at daycare at 3:30 p.m. unti16:30 p.m., when the Father shall transport the Children to the Mother's residence. The Father's weekend periods of custody under this provision shall begin on Friday, Apri16, 2007. During the school year, the Mother shall have custody at all times not otherwise specified for the Father in this Order. B. During the summer school break each year, the parties shall share having custody of the Children on an alternating weekly basis with the exchange to take place every Sunday at 5:00 p.m., with the parent receiving custody of the Children to provide the transportation. The alternating weekly schedule shall begin on the first Sunday after the end of the school year with the parent who does not have custody under the regular alternating weekend schedule on the first weekend following the termination of school. The summer schedule shall end on the last Sunday before the beginning of the school year, with the alternating weekend schedule to resume without interruption. 3. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: In odd-numbered years, the Mother shall have custody of the Children on Christmas Eve from 6:00 p.m. until 10:00 p.m., the Father shall have custody from Christmas Eve y at 10:00 p.m. through Christmas Day at 2:00 p.m., and the Mother shall have custody from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m. In even-numbered year, the Mother shall have custody of the Children from Christmas Eve at 6:00 p.m. through Christmas Day at 2:00 p.m. and the Father shall have custody from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m. B. New Years: In odd-numbered years, the Mother shall have custody of the Children from New Year's Eve at 6:00 p.m. through New Year's Day at 2:00 p.m. and the Father shall have custody on New Year's Day from 2:00 p.m. unti16:30 p.m. In even-numbered years, the Father shall have custody of the Children from New Year's Eve at 6:00 p.m. through New Year's Day at 2:00 p.m., and the Mother shall have custody on New Year's Day from 2:00 p.m. unti16:30 p.m. For purposes of this provision, the entire New Year's holiday shall be deemed to fall in the same year as New Year's Eve. C. Thanks ig ving: In every year, the Father shall have custody of the Children from after school on the Wednesday before Thanksgiving through Thanksgiving Day at 3:00 p.m. and the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through the following Friday at 5:30 p.m. D. Easter: In every year, the parent who has custody of the Children over the Easter weekend under the regular alternating weekend schedule shall have custody on Easter Sunday until 10:00 a.m. and the other parent shall have custody of the Children on Easter Sunday from 10:00 a.m. until 6:30 p.m. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody of the Children on Father's Day, with the times to be arranged by agreement between the parties. F. Memorial Day/Labor Day: The parent who has custody of the Children on the weekend immediately preceding Memorial Day and Labor Day shall retain custody of the Children through the Monday holiday at 6:30 p.m. G. July 4cn: The parties shall share or alternate having custody of the Children on the July 4th holiday each year as arranged by agreement. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The parties shall schedule their vacation times with the Children during the summer each year to fall within their alternating weekly periods of custody, unless otherwise agreed. 5. The Mother shall ensure that the Father's contact information is included on the Children's contact list at both their school and daycare. 6. The parties shall ensure that the Children are transported at all times only by adult licensed drivers. 7. Each party shall provide the other party with the names and contact information for babysitters providing care for the Children. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. The parties shall refrain from smoking inclose quarters with the Children and from consuming alcohol to the point of intoxication. The parties shall ensure that third parties having contact with the Children comply with this provision. 10. This Order 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. J. cc: Marianne E. Rudebusch, Esquire -Counsel for Father y, ~ ~ o ~ Courtney Kishel Powell, Esquire -Counsel for Mother ~ ~v~-~-~ ~, 4 ~S` •t1aJ ~. - .. !v ~Ca •G ~~~d',"3 tit ~~.Ja LULL. ' ~ ~:-t DENIMS K. SHEMORY, JR. Plaintiff vs. KERRSIA L. SHEMORY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-855 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Danelle N. Shemory June 9, 1996 Mother Jessica A. Shemory August 7, 1999 Mother 2. A custody conciliation conference was held on March 29, 2007 with the following individuals in attendance: the Father, Dennis K. Shemory, Jr., with his counsel Marianne E. Rudebusch, Esquire, and the Mother, Kerrsia L. Shemory, with her counsel, Courtney Kishel Powell, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~a,~7 Date Dawn S. Sunday, Esquire Custody Conciliator