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Home My WebLink About00-00836 " o fl\tust\lconcilr.ord FEB 1 :) ZOD~ WILLIAM EDWARD KENES, Plaintiff, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. CIVIL TERM c2c>c>o- f'.),b :CIVIL ACTION - LAW CUSTODY/VISITATION JULIE MARIA KENES, Defendant ORDER OF COURT AND NOW, this rl~ day of \f- .Ifl'('.X.\ '\'--./\ \ , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before \-\\c..M:~\ I ~~ \ ) EA. . the Conciliator, at ~C":H.. :'-:" \ ~~ ,,",-\ " CCX\\~ \\\ \ \ ,~~ on the ;::). day of ~.\C h , 2000at ~~()(), t> .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. FOR THE COURT, By:,j]\tMOO~~& ' Custody Conci . at or Y L '\J) '0 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 County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ill ;;-OJ~'ao ;r -Oit"OCJ .;/ -OJ.fi '00 l>"' ,- ',' " -,,'.- no fEB 25 r~>~ I ~: :~~2 CU\l'/i~~)~~.j,,: :i.::'Uj\!"'iY PCN\\S\''L.:':',.'\~\!:'':-\ 6d'~_~zc4~~ /1'~ ~ _ -d> tiif )lAcL1iiL 0/ 1/7' c~ ~ d.._~ -+ ~;d' .M..' ~ /' / ~. ~ ,c.. -~;J: '--7_~ " ~ '" " ., '-'"y~-.""-;~,,, r~ .-, ~"'.,., - ~ ~ - " !I'!!I!l'l'~" c ','- <l\cust\kenescus.not WILLIAM EDWARD KENES, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. .,.2HV, fJc" C,'U:' (;r_ JULIE MARIA KENES, Defendant CIVIL ACTION LAW IN CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following complaint, you must take action within twenty (20) days after the complaint and notice are served, 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 against you and a judgment may be entered against you by the Court without further notice for any money claimed in the com- plaint or for any other claim or relief requested by the plaintiff. You may lose money or property, or other rights important to you. 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 County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 .. .,^_' =..,:1"'.'. '" ,"' " ,',;>, ,,__e.,<, _""" ,<,,'c ".' ~,- -.' {d -, ql\cust\kenescus.cmp WILLIAM EDWARD KENES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION CUSTODY JULIE MARIA KENES Defendant NO. COMPLAINT FOR CUSTODY l. The plaintiff is William Edward Kenes, an adult individual, residing at 16 Dulles Drive West, Camp Hill, Cumberland County, PA 17011. 2. The defendant is Julie Maria Kenes, an adult individual, residing at Longmeadow Apartments, 1 Richland Lane, Camp Hill, Cumberland County, PA 17011. 3. Plaintiff seeks custody of Heather Marie Kenes who resides at at 16 Dulles Drive West, Camp Hill, PA 17011 is ten (10)years of age having been born on August 4, 1989, this child was born out of wedlock; Megan Elizabeth Kenes, who resides at 16 Dulles Drive West, Camp Hill, PA 17011 is nine (9) years of age, having been born on February 4, 1991; Emily Ann Kenes who resides at 16 Dulles Drive West, Camp Hill, PA 17011, is four (4) years of age, having been born on September 8, 1995; and William Edward -1- " .,. <i:.' -,,' ~, ,'._" "W," ~, " O~ "0 ~ 'H" -'I~, Kenes, Jr. who resides at 16 Dulles Drive West, Camp Hill, PA 17011 is seventeen (17) months of age, having been born on August 8, 1998. The last three children were not born out of wedlock. The children are presently in the custody of their father, William Edward Kenes, who resides at 16 Dulles Drive West, Camp Hill, Cumberland County, PA 17011. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES 16 Dulles Drive West 2/1/00- present Camp Hill, PA 16 Dulles Drive West 8/93- 2/1/00 Camp Hill, PA William Edward Kenes William and Julie Kenes The mother of the children is Julie Maria Kenes currently residing at Longmeadow Apartments, 1 Richland Lane, Cumberland County, Camp Hill, PA 17011. She is married to the plaintiff. The father of the children is William Edward Kenes, the plaintiff who is currently residing at 16 Dulles Drive West, Camp -2 - . ,.;,/',.' Hill, Cumberland County, PAc He is married to the Defendant. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons: NAME All four minor children 5. The relationship of defendant to the children is that of RELATIONSHIP mother. The defendant currently resides with the following persons: NAME RELATIONSHIP unknown 6. 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 a custody proceeding concerning 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 respect to the children. -3- . , 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) The children has resided with the father since birth who has provided a continuous living relationship with the children; (b) The father is able to provide a stable home and family type environment for the children allowing the children opportunity to spend time with the children's mother consistent with a schedule the parties have arranged between themselves. 8. 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 the court to grant custody of the children. & SHEKLETSKI .~-'/-~'--) , / I Stone, ESQUIRE S erne Co rt I.D. #60251 / , 414 Bridil:e~treet, P.O. Box E New Cumberland, PA 17070 Telephone: (717) 774-7435 Attorneys for plaintiff -4- ~~', . . .Fl\div\l-verifi.aff V E R I FIe A T ION WILLIAM EDWARD KENES states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pac C.S.A. ~4904 relating to unsworn falsification to authorities. .c/~///z:"- ~ k~- WILLIAM EDWARD KENES Date: ;2- 9- O() Be '>- iT ;;1" ~"-':~ '..,c) "'c~ N (': '7 (1~ C'):~~ ::.""3 '>- ~:c;i~ :-.:}LL '3 o --.)..~ ~cr ~ ~ ::;-.., ~ (.L & I ~~~ ~ ~ ~ rt 0-- ~ ~ D~~ ~ ~ --..j' C:,- " ~:'; ~ ''', ~ Cl.* t_~.: ' c::.; L.: w... C') C) , < .... H 1<1 Z rn "'< ... <:> 1>1 0 "">-1 >ol .. >-11>< 1<1 z Z 0 0 1><'" 1>1 c !:: z 0 I>l " ~ >- ZZ H 0: :l .. < ... S'a!;;1 rfJ. 2 .. .. 0"" . 0: ~I>< '" 4-< <:: oll 0: !< Iii '" "" 4-< <ll >-1E-< 0 o . Z 'M . "" H u ~ " ~ .. UI>< "" ... '" ~ I '" ~ " E-< ~ <:: "" <Ii H 1>1 " .. 0 III ~ z I"<Z 'M Z 4-< z:> ~ - 0: ii: " 0,," ~ <ll > ~ <Ii 0...... m 0 lD .. 0 M A HI>< ~ w >- " :0: E-<U I>< E-<A . >- " 0:: < UO ~ " " '" 8~ A H <E-< >-1 . ,. "" i '" r.i " " >-1,," Z ""oj ~ HU Z :> 0 "''''' H "" H ... E-<PO >-1 H U rfJ. zS >-1 >-1 . H "" 0 HU "" "J Z . STONE,LAFAVER& SHEKLETSKI ATTORNEY.s AT LAW 414 BRIDGE STREET NEW OUMBERLA.."ID, PA lr070 I," _~J fl\cust\lagrmt.ord MAR a ~ ,oo~ WILLIAM EDWARD KENES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 836 JULIE MARIA KENES, Defendant CIVIL ACTION - IN CUSTODY o R D E R AND NOW, this ~ day of M:::.>)r:~ , 2000, upon consideration of the foregoing motion, the Custody Agreement for Minor Children between the parties dated March 16, 2000, and attached hereto is hereby incorporated into the above captioned action and made an Order of Court. BY THE COURT: >- ~ wO oZ c:-O "-,:r: ;--., c' c (Yo t/{ J. ( ::r: ce. r- ('oJ i 0-.-:" 2>- <1:;(1) ~Z Ir.z <-ww ~a.. ."~) , ) ~ 00 'I; 'lj ~ ~O:> ;:.~: IL. a - fl\cust\lagrmnt.inc WILLIAM EDWARD KENES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 326 JULIE MARIA KENES, Defendant CIVIL ACTION IN CUSTODY MOTION TO INCORPORATE AGREEMENT INTO CUSTODY ACTION William Edward Kenes, plaintiff in the above action, by and through his attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorporate the attached Custody Agreement for Minor Children dated March 16, 2000, into the above captioned action as an Order of Court. STONE LaFAVER & SH By I.,~ 'I ,. ."'_', ' . I"'~I~ fl\cust\kenscust.agr CUSTODY AGREEMENT FOR MINOR CHILDREN '-....._. T~is custody agreement is entered into this I t;tIr day of y~ , 2000, between WILLIAM EDWARD KENES, hereinafter referred to as the "Father" and, JULIE MARIA KENES hereinafter referred to as the "Mother". WIT N E SSE T H: WHEREAS, the parties herein desire to set their intentions with respect to custody of their four minor children, HEATHER MARIE KENES, MEGAN ELIZABETH KENES, EMILY ANN KENES, AND WILLIAM EDWARD KENES, JR. in writing, WHEREAS, four children were born of the relationship, all minors, HEATHER MARIE KENES, born August 4, 1989, MEGAN ELIZABETH, born February 4, 1991, EMILY ANN KENES, born September 8, 1995, and WILLIAM EDWARD KENES, Jr., born August 8, 1998, and WHEREAS, it is the desire of the parties hereto to formalize their agreement with respect to the said minor children; AND NOW THEREFORE, the parties hereto intending to be legally bound hereby do agree that: 1. Both Father and Mother shall share legal custody of the minor children. 2. Father shall have primary physical custody of the minor children. 3. Mother shall have partial physical custody of the minor children. 4. The periods of custody shall be based on a week running Monday through Sunday. A. Father shall enjoy periods of custody from Monday morning through Tuesday at 5:00 p.m. B. Mother shall have custody from Tuesday at 5:00 p.m. through Wednesday at 5:00 p.m. -1- ii Ii il ,,-' '-<- ','-;,f "",-, -"_'__"b__,' " ,~.,',- -I~J: I I C. Father shall have custody from Wednesday at 5;30 p.m through Friday at 5:00 p.m. D. Mother shall have custody from Friday at 5:00 p.m. through Saturday at 6:00 p.m. E. Mother and Father shall rotate the periods of custody Saturdays from 6:00 p.m. through Sundays at 1:00 p.m. every other weekend. Church shall be the exception to this rotation. F. In the weeks that the Mother does not enjoy custody of the children on the Saturday overnight, she will have the children for an overnight on Wednesday from 8:30 p.m. until Thursday a.m. G. On the weekends that the Father has Army Reserves, the Mother shall have custody from Friday 5:00 p.m. through Sunday at 6:00 p.m. H It is agreed that during those periods of time that the Mother is on business trips, custody of the children shall remain with the Father. I. It is further agreed that when the Father has his two annual Active Duty Reserves weeks, the Mother shall enjoy her period of custody with the children. This pre-determined vacation time will expire once the Father is no longer in the reserves. At that time, the vacations will be as the parties agree. J. The Father shall have at least one week of uninterrupted and continuous time with the children each year. This will be taken as the parties may agree. K. Any other vacation time, will be as the parties may agree with sufficient and reasonable notice to the other party. 5. Holidays shall be divided as follows: A. Mother and Father shall rotate Memorial Day, and Labor Day each year. -2- ,,,I . " , " - , ~~,,- "',, -,"~ ~ " "'" <r ,........, 1. In even numbered first choice of these two holidays. choice for the year 2000. years, the Mother shall have Mother will have first 2. In odd numbered years the Father shall have first choice of these two holidays. B. Easter, July 4th, Thanksgiving, and New Years' will be split days. Times will be from 8:00 a.m. until 2:30 p.m. and from 2:30 p.m. until 8:00 p.m. The Mother shall have first choice in the year 2000. Whomever has the children on July 4th a.m. cannot have the children on the a.m. schedule on Thanksgiving. C. Christmas shall be split in two parts: Christmas eve from Christmas morning shall be part one, starting early afternoon on Christmas eve, and ending Christmas day mid- afternoon. Times will be from 12:00 p.m. on Christmas eve until 11:00 a.m. on Christmas day. Part two shall be from 11:00 a.m. on Christmas day until noon on December 26. The Father shall have the first choice this year, and then the parties shall rotate this every year thereafter. D. The parties agree to rotate the Holiday schedule, or may change the schedule as they can mutually agree. 6. Both parties agree to consult one another whenever a life decision is necessary with regard to the children. Life decisions affect medical, dental, orthodontia, religious, or moral decisions. Both parties agree to consult with one another whenever prudent. 7. Both parties agree that they shall always provide the other party with address, phone number, and or vacation location, when necessary. 8. Both parties agree that when the children are older, phone privileges will be provided, and encouraged to the non- custodian parent. 9 . whenever children Both parties agree to be as flexible as possible, possible, and to always place the best interest of first. their -3- 'ii -,','" - " ',,"" , ,'';'" ,- ~''"'-. '"" " '" '---I' , . : -10.........., I 10. Mother agrees to maintain the children on her health coverage and if, and when necessary, Father agrees that if Father's employment offers family coverage with no additional, or minimal cost, agrees to add the children as secondary coverage to his policy. 11. All unreimbursed medical bills, including, but not limited to, orthodontia, chiropractic, dental, and vision will be shared equally by the parties. 12. Both Husband and Wife agree to be equally responsible to contribute to the higher educational expenses of the children, including, but not limited to the following: tuition, room, board, books, supplies, fees, transportation and clothing. Husband and Wife agree to split the costs of any higher educational expenses of the children after deducting from said sums any money the children might get by way of scholarships or grants. It is agreed that is based upon an ability to pay, and in no way obligates either party to contribute either a specific sum, or a percentage to these specific educational expenses. 13. Any additional visitation by either the Father or the Mother shall be as the parties shall mutually agree upon. 14. No waiver or modification of any of the terms of this agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This agreement may be modified by court order. 15. This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this agreement. Moreover, the parties hereby agree that the provisions of this agreement shall be entered as a custody order in the Court of Common Pleas of Cumberland County, Pennsylvania. 16. This agreement constitutes the entire understanding of the parties regarding custody and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties regarding custody other than those expressly set forth herein. -4- ""', ~ " " """o"Mfu'> 17. If any term, condition, clause, section, or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, only that term, condition, clause, section, or provision shall be stricken from this agreement, and in all other respects, this agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 18. In the event either party to this agreement shall breach any term, covenant or other obligation herein, the non- breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur including, but not limited to, filing fees and reasonable attorney's fees, in any action or proceeding to enforce the terms of this agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have set their hands and seals on the date first above written. f; ~~~",;)YrJ/6,~ IE M. KENES (SEAL) KENES (SEAL) Dated: -5- '~I "',j ~ --'.,-- . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF~ "'~~''''^,,",~J ""~, I i-.., i i I . ' ) ) SS: ) WILLIAM E. KENES, being duly sworn according to law, deposes and says that he is a party named in the foregoing Custody Agreement for Minor Children and that he has executed the same for the purposes therein contained. SWORN TO AND SUBSCRIBED before me this Jft?'tI1 day of ~/~ , 2000. ~X' . --- .' ~cuL' Notary Public ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ M:&L ?:~ WILLIAM E. KENES NOTARIAL SEAL CONSTANCE L KARU, Notary Public Now Cumberland, PA Cumberland Co. My Commission expires April 13, 2003 ) ) ss ) JULIE M. KENES, being duly sworn according to law, deposes and says that she is a party named in the foregoing Custody Agreement for Minor Children and that she has executed the same for the purposes therein contained. SWORN TO AND SUBSCRIBED before me this / (.t:I:r day Of~, ,2000. . 'Xf(~ Notary Public ;;r: - .....---- ") vn $o~ ~ JULIE M. KENES NOTARIAL SEAL CONSTANCE L KARU, Notary Public New Cumberland, PA Cumberland Co. My Commission expires April 13, 2003 -6- ,,' - -", ~ ~ '-;,-,""",' 0 0 0 c 0 " :;;;; :z: -j -0 OJ ~::;,. :::r:.." mr-n ::;0 r'jF Z:'l",) N .T'1 rTl ~~~ :dy w '::JC ,~,.,t.d ~O = ~r ., ::;;;: ;::'--j~n ~8 ;"7(~ )>~ (5,n ~, '-" ?& -.l -< . ~.~ , , ,,,,-I ~" JUN80~ WILLIAM EDWARD KENES, Plaintiff vs. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-836 CIVIL TERM JULIE MARIA KENES, Defendant CIVIL ACTION - LAW ORDER AND NOW this ;) ie//.., day of ~ , 2000, it being reported to the Conciliator that the parties have reached an agreement which makes further proceedings unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, MICHAEL 1. BANGS Custody Conciliator Elizabeth B. Stone, Esquire Julie Maria Kenes I Richland Lane Camp Hill, P A 170 II . FiLED-Ol=FICE I~~ ~,,,' ,,,'nT' 'I~"JPRY Jt 1_,':::, i";'."e.:"":_.li',:! ,p" 001 1111 - '/ 61'4 II : 3 Q ..J...,,__ .. ,'\\, ~, .,; CUMBEHLJIND COUNTY PENNSYlJlt~\JiA ~ " . ,,., ,_"Wl1r . ~ ,,-~" ~~~Vi?1I"'5!iW>.J_'-":#ffl~!!,!,~~",~~'_'~IQI[/f!WllI!lI'IIil_!f!!I!P_t"""'~