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HomeMy WebLinkAbout01-5191WAYNE F. SHADE THOMAS A. DEMPSEY, Plaintiff NOREEN P. DEMPSEY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01- .~Tq / CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff THOMAS A. DEMPSEY is an adult individual who resides at 111-B Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant NOREEN P. DEMPSEY is an adult individual who resides at 1886 Mary Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks shared legal and physical custody of the following children: Siobhan Christine Dempsey, bom January 17, 1987, and Michael Shane Dempsey, bom July 9, 1992. The children were not bom out of wedlock. WAYNE F. SHADE AUomey al Law 53 West Pomfret Street Carlisle, Pennsylvania o During the past five years, the children have resided initially with both parties hereto at the address of Defendant and, since the date of separation of the parties hereto on July 20, 1997, they have resided with Defendant at her address. 6. The relationship of Plaintiff to the children is that of the father, and he currently resides alone. 7. The relationship of Defendant to the children is that of the mother, and she currently resides only with the children who are the subject of these proceedings. 8. The parties were divorced by Decree of this Court dated December 19, 2000, and docketed to No. 97-3057 Civil. 9. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or any other Court. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. -2- WAYNE F. SHADE Attorney at Law 53 West Pomfret Streel Carlisle, Pennsylvania 17013 11. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interests and general welfare of the children will be served by granting the relief requested for the reason that it will facilitate the childrens' having the opportunity to have the fullest possible relationship with both parents. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests a grant of shared legal and physical custody of the children. Wayne'F. Shade Attorney for Plaintiff -3- I verify that the statements made in this pleading 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: August 30, 2001 Thomas A. DempseyF___) WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 THOMAS A. DEMPSEY PLAINTIFF V. NOREEN P. DEMPSEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-$191 CIVIL ACTION LAW INCUSTODY AND NOW, Friday, September 07, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 03, 2001 at 2:30 p.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 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. 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/ _[acqueline M. Verney. Esq. t~O 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 WAYNE F. SHADE Carlisle, Pennsylvania THOMAS A. DEMPSEY, Plaintiff NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW NO. 01-5191 CIVIL TERM CUSTODY STIPULATION FOR CHRISTMAS HOLIDAY CUSTODY AND NOW, this ~qa/ day of ~ , 2001, come Plaintiff THOMAS A. DEMPSEY and Defendant NOREEN P. DEMPSEY by and through their respective attorneys, Wayne F. Shade, Esquire, and Hubert X. Gilroy, Esquire, of Broujos & Gilroy, P.C., and with regard to custody of their minor children, Siobhan Christine Dempsey, born January 17, 1987, and Michael Shane Dempsey, bom July 9, 1992, stipulate and agree that the Plaintiff father shall have the children fi.om after school on December 19, 2001, through 10:00 A.M. on Christmas day. It is the desire and intention of the parties hereto that this Stipulation for Christmas Holiday Custody be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, and that it be endorsed as an Order of Court so as to have the full effect thereof. BROUJOS & GILROY, P.C. , Shade, Esquire Attorney for Plaintiff Hubert X. Gilroy,~quire Attorneys for De(endant I verify that the statements made in the foregoing Stipulation 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: I verify that the statements made in the foregoing Stipulation are true and correct. [ understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities. Date: Noreen P. Dempsey (_J WAYNE [ Attorney at Law 53 West Pomfre Carlisle, Pennsylvania 17013 THOMAS A. DEMPSEY, Plaintiff NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5191 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this _.~ [~ day of~, 2001, Plaintiff THOMAS A. DEMPSEY and Defendant NOREEN P. DEMPSEY, being represented by their independently selected private counsel, respectively, Wayne F. Shade, Esquire, and Hubert X. Gilroy, Esquire, of Broujos & Gilroy, P.C., and having stipulated and agreed with regard to Christmas holiday custody of their minor children, Siobhan Christine Dempsey, bom January 17, 1987, and Michael Shane Dempsey, born July 9, 1992, it is hereby ordered and decreed that the Plaintiff father shall have the children from after on December 19, 2001, through 10:00 A.M. on Christmas day. By the Court, WAYNE F. SHADE Attorney at Law 53 West Porafret Street Carlisle, Pennsylvania 17013 Wayne F. Shade, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. Attorneys for Defendant MAR 1 5 ZOOZ THOMAS A. DEMPSEY, Plaintiff V. NOREEN P. DEMPSEY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA ._ : NO. 2001-5191 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 15th day of March, 2002, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, , Esquire, Custody (~onciliator WAYNE F. SHADE Attorney at Law Carlisle, Pennsylvania THOMAS A. DEMPSEY, Plaintiff Vo NOREEN P. DEMPSEY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 01-5191 CIVIL TERM : : CUSTODY STIPULATION FOR CUSTODY AND NOW, this /,,7~ day of .~ ,2002, come Plaintiff THOMAS A. DEMPSEY and Defendant NOREEN P. DEMPSEY by and through their respective attorneys, Wayne F. Shade, Esquire, and Hubert X. Gilroy, Esquire, of Broujos & Gilroy, P.C., and with regard to custody of their minor children, Siobhan Christine Dempsey, bom January 17, 1987, and Michael Shane Dempsey, bom July 9, 1992, stipulate and agree, as lbllows: 1. Custody of said children shall be as set forth in the foregoing Order of Court. 2. The parties agree that flexibility in the custody schedule is important, and they agree to continue to try to accommodate requests for changes in the schedule when extended family is visiting or special events arise. WAYNE F. SHADE o It is the desire and intention of the parties hereto that this Stipulation for Child Custody be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, and that it be endorsed as an Order of Court so as to have the full effect thereof. BROUJOS & GILROY, P.C. WayneA~. Sha~e', Esquire Attorney for Plaintiff BY ~(1~ rare -2- WAYNE F. SHADE Carlisle, Pennsylvania I verify that the statements made in the foregoing Stipulation 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: 3'12"~ Thomas A. Demp-~y J I verify that the statements made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsx~ om falsification to authorities. Date: 3 ~ ~- 00%, Noreen P. Dempsey -3- WAYNE F. SHADE Atlomey at Law THOMAS A. DEMPSEY, Plaintiff Vo NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 01-5191 CIVILTERM : : CUSTODY ORDER OF COURT AND NOW, this 2-- c~ day of ~ ,o;, [. ,2002, Plaintiff THOMAS A. DEMPSEY and Defendant NOREEN P. DEMPSEY, being represented by their independently selected private counsel, respectively, Wayne F. Shade, Esquire, and Hubert X. Gilroy, Esquire, ofBroujos & Gilroy, P.C., and having stipulated and agreed with regard to custody of their minor children, Siobhan Christine Dempsey, bom January 17, 1987, and Michael Shane Dempsey, bom July 9, 1992, it is hereby ordered and decreed, as follows: Shared legal custody of said children as contemplated by 23 Pa.C.S. §5302 will be in both of the parties hereto as the natural parents. 2. Primary physical custody of said children shall be in the mother subject to the following periods of partial physical custody with the father: (a) Alternating weekends from Thursday after the end of Michael's school day until Sunday at 8:00 P. M., which alternate commenced on February 14, 2002; WAYNE F. SHADE (b) If either or both of the children wish to remain with the father until Monday morning of his custody weekend, they may do so, in which event the father will be responsible for seeing that the children get to school on Monday; (c) If the Monday following the father's custody weekend shall be a legal holiday, other than Easter, Independence Day, Thanksgiving and Christmas, custody shall continue in the father until Monday at 8:00 P. M.; (d) Michael from after school until 8:00 P.M. on the Thursday evenings following the father's custody weekends; (e) Siobahn from after school until she wants to return to the mother's residence on the Tuesday evenings prior to the father's custody weekends; (f) Easter from after school on the last school day prior to Easter until 8:00 P.M. on the last day prior to the resumption of school in odd numbered years; (g) Independence Day from 4:30 P.M. on the day preceding Independence Day until 8:00 P.M. on the Sunday following Independence Day in even numbered years; (h) From 4:30 P.M. on the Friday after Thanksgiving until the Monday after Thanksgiving at 8:00 P.M.; (i) From after school on the last school day prior to Christmas until 10:00 A.M. on Christmas Day; (j) Twenty-one (21) days' vacation custody to be taken either separately or consecutively upon thirty (30) days' notice in writing from the father to the mother; provided, nevertheless, that the mother may reserve any fourteen (14) days as the sole and -2- WAYNE F. SHADE Attorney at Law exclusive vacation time for the mother upon providing thirty (30) days' notice in writing to the father with such vacation time in the mother to take precedence over any vacation custody not previously requested by the father; (k) The holiday custody of Easter, Independence Day, Christmas and Thanksgiving will take precedence over the father's alternating weekend and Tuesday and Thursday pa~ial custody. The alternating weekend custody will resume after Easter, Independence Day, Christmas and Thanksgiving holiday with custody in the parent who did not have the children on the previous holiday weekend; (l) Such other periods of partial physical custody as the parties may from time to time agree; and (m) Transfer of custody shall be at the home of the mother with the father to be responsible for obtaining and returning the children at that location. By the Court, Wesley, (i~>Jr., J. Wayne F. Shade, Esquire Attorney for Plaintiff- Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. ~ ~"<~:5k20)[¥ 'l~'~k3 40 Attorneys forDefendaI}t I ~q_/~.43~.3 -3-