HomeMy WebLinkAbout00-05868
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JUSTIN M. ENRIGHT
PLAINTIFF
V.
JOYCE M. BERNABE
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-5868 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 30TH day of AUGUST ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street,Mecbanicsburg, PA 17055 on the 28TH day ofEPTEMBE ,2000, at 11:00 A.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 defme 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: Isl
Dawn S. Sunday. Esq.a!J
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 OFF1CE 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
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, Plaintiff
Joyce.. /1\. Bu.",,J,t.1
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, Defendant :
AUG 28,~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~~ 51fiRff' CIVIL TERM
CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached complaint, it is
hereby directed that the parties and their respective counsel
appear before
, the conciliator, at
on the
day of
.
1996, at
.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. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
By the court,
Custody Conciliator
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.
COURT A
CUMBERLAND
CARLISLE,
TELEP
NISTRATOR, 4 LOOR
URTHOUSE
VANIA 17013
NUMBER: 717) 240-6200
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C &rlis I( PA \l6t)
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JO'l ('l. fv1. Bu(\abt..
57 Ws ~cl.
f-IlAnt sdilo-/t PA tl~41
: NO.
CIVIL TERM
NOTICE TO DEFEND.
TO THE RESPONDENTS NAMED HEREIN;
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 Petition 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 without you, and a judgment may be entered against you by the Court
without further notice for any money claimed in the Petition or for any other claim or relief
requested by the Plaintiffs. 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
ALA WYER 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
Two Liberty Avenue
Carlisle, P A 17013
(717)249-3166
Le han demandado a usted enla corte. Si usted qui ere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y 1a
notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en
la corte en forma escrita sus defensas 0 sus objectones alas demandas en contra de su persona. Sea
avisado que si usted no se defiende, las corte tomara medidas y puede entrar una orden contra usted
sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en 1apeticion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted.
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, Plaintiff :
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v. 57 L..ud5 j{o].~ .
H\.t"t~ditll. ~4 '7Q;l.1/1
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. HJ. 5f?r..f CIVIL TERM
CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is \l~st;" fVl. EV\ri~~t , residing at
53/ Firlt stru.t ca..rlislt. PA 11011
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2. The Defendant is JO'lLl..~. Bu",,,h. , residing at
57 lu)s !(~. HIA",tsd~lL} A IlJLl/
3. Plaintiff seeks (Ga3~edy) (partial v~QLv~i)(visitation)
of the following child(ren):
NAME
~'" i ilM/)(\ ,vt. E t'\ r is /.,t
PRESENT ADDRESS
AGE
3
The child(ren) was/Trlb-Q I.,e~ born out of wedlock.
The child{ren) is presently in the custody of JO'f<.-L fJ'l.
Bt,((l~~, who resides at ~l LHd ~ ~rl. H\A",tH1~/e. ~A 11-;,.1.//
During the past five years, the child(ren) has resided with
the following persons and at the following addresses:
LIST ALL PERSONS
JO,/C.l 1'1. f)V(\ ab t.
Tv\,d~tf\ fIl. ["'ri,S",t
ADDRESSES
DATES
51/ LtJ J RJ. liWlh da../1. ~A 11~4.1
531 Fit5tStrut Ctdi'Sla. ff1norJ
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The mother of the child(ren) is ~)y{e M. Be..rAd-bL
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Commonwealth. The court, term and number, and its relationship
to this action is:
Plaintiff (](R61GS) (does not know) of a person not a party to
the proceedings who has physical custody of the child(ren) or
claims to have custody or visitation rights with respect to the
child(ren). The name and address of such person is:
7. The best interest and permanent welfare of the
child (ren) will be served by granting the relief requested
because: I 2..., hlI ("l.~( ~(\d MW:>.J'\t1." ~f i'vIIIlJlvtJ i^ ~Lr liFt.
8. Each parent whose parental rights to the child(ren) have
not been terminated and the person who has physical custody of
the child(ren) have been named as parties to this action. All
other persons, named below, who are known to have or claim a
right to custody or visitation of the child(ren) will be given
notice of the pendency of this action and the right to intervene:
NAME
NIp,-
ADDRESS
BASIS OF CLAIM
WHEREFORE, Plaintiff requests this court to grant
(Bu5~edy)(~eRFQraFY e~oLudy) (visitation) of the child(ren) to the
Plaintiff.
Re?pectfully submitted,
~ ~\AJ'^si ~OUO
Date
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currently residing at 51 LwlJ ~d. HW\t~daJl PA !ld-41
She is (single) (iIlaarriQtil) (di"sJ:'ee:a) .
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The father of the child(ren) is JIA.I-tLa..Y1. F(\r;.}~t
currently residing at 5"'31 FirJt Strut CuliSk M LI(f13
He is (single) (maFJ:'iaa) (ai.~~~ea).
4.
Fa.t~l(
The relationship of Plaintiff to the child(ren) is
The Plaintiff currently resides with:
NAME
tV/A
,
RELATIONSHIP
5. The relationship of Defendant to the child(ren) is
(VI nt.htr The Defendant currently resides
with:
,
NAME
Vi/ll-Uf\t Blro"\;l.bL
RELATIONSHIP
fa.tku of Tuyu
6. Plaintiff~) (has not) participated as a party or
witness, or in another capacity, in other litigation concerning
the custody of this minor child (ren) in this or another court.
The court, term" and number, and its relationship to this action
is:
plaintiff ~(has no) information of a custody proceeding
concerning the child(ren) pending in a court of this
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I verify that the statements made in this Complaint 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.
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PI ntiff
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JUSTIN M. ENRIGHT, : IN THE COURT OF COMMON PLEAS OF
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : NO. 00-5868 CIVIL TERM
:
JOYCE M. BERNABE, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
ORDER OF COORT
AND lIDI1, this .-z, '\ ~
consideration of the attached
and directed as follows:
n/f"lf'f
Conciliation Report,
, 2000, upon
it is ordered
day of
Custody
1. The Father, Justin M. Enright, and the Mother, Joyce M. Bernabe,
shall have shared legal custody of Rhiannon M. Enright, born April 8, 1997.
Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions
regarding her health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall obtain counseling for the purpose of addressing
concerns raised in the custody proceedings and to obtain recommendations
with respect to the Fatherts periods of custody with the Child. The Father
shall authorize the Mother's counsel to obtain recommendations pertaining
to the custody issues from the counselor.
4. The Father shall have partial custody of the Child on Saturday,
October 14, 2000 and Saturday, October 21, 2000 from 10:00 a.m. until 7:00
p.m. and thereafter for at least one period of custody every two weeks with
the dates and times to be arranged by agreement of the parties.
5. Pending receipt of recorrnnendations from the Father's counselor,
all periods of partial custody shall be supervised by the Father's aunt or
other individual or agency agreed upon by the parties.
6. Counsel for either party or a party Pro Se may contact the
Conciliator within 60 days after receipt of recommendations from the
Father's counselor to schedule an additional Custody Conciliation
Conference if necessary.
7. Neither party shall do or say anything which may estrange the
Child from the other parent, injure the opinion of the Child as to the
other parent, or hamper the free and natural development of the Child's
love and respect for the other parent. Both parties shall take all
reasonable steps to ensure that third parties having contact with the Child
comply with this provision.
8. This Order is entered pursuant to an agreement of the parties at a
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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.
BY THE COURT,
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cc: Justin M. Enright, Father
Douglas G. Miller, Esquire - Counsel for Mother
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JUSTIN M. ENRIGHT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : NO. 00-5868 CIVIL TERM
.
.
JOYCE M. BERNABE, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
CUSTODY CCIIlCILIATIOO SUMMARY REPCm
IN A<XmDANCE WITH CUMBERLAND COUN'.rY RULE OF CIVIL PROCEOORE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Rhiannon M. Enright
April 8, 1997
Mother
2. A Conciliation Conference was held on September 28, 2000, with the
following individuals in attendance: The Father, Justin M. Enright, who
was not represented by counsel in this matter, and the Mother, Joyce M.
Bernabe, with her counsel, Douglas G. Miller, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
(~~
Dawn S. Sunday, Esquire
Custody Conciliator