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HomeMy WebLinkAbout09-5980BRANDI ENYEART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NoljQ, s'Qad Civil Term KEVIN ENYEART, ACTION IN DIVORCE Defendant 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may 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. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 BRANDI ENYEART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. QQ?SQ Civil Term KEVIN ENYEART, ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Brandi Enyeart, a competent adult individual, who resides at 23 Beecher Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Kevin Enyeart, a competent adult individual, who resides at 23 Beecher Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on March 30, 1996 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce. COUNT II - CUSTODY 11. Items 1 - 10 are herein incorporated by reference. 12. The parties are the natural parents of Jarren Enyeart, born July 24, 1996, and Brittnie Enyeart, born February 24, 1999. 13. Plaintiff has filed a custody petition under the above-captioned docket number. WHEREFORE, Plaintiff is requesting this Honorable Court to enter a custody order regarding the minor children. su Date: qiIJ6`? fan Adams-,Esqui- I.D No. 79465 re 1 West South Street ,Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION 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. Date: /67 Brandi Enyeart, laintiff 1• FIL. ?E OF THE 2CH SEP -- I PH 12: C 3 ? 33s, sv lv,?.av ?K-4 s©3, a 3 0?8 - e4-S4? , BRANDI ENYEART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. OQ- V96 Civil Term KEVIN ENYEART, : ACTION IN CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Brandi Enyeart, who currently resides at 23 Beecher Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Kevin Enyeart, whose current address is 23 Beecher Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff is the Mother of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Jarren Enyeart 7/24/1996 (13) 23 Beecher Drive, Carlisle, Pa. 17015. Brittnie Enyeart 2/24/1999 (10) 23 Beecher Drive, Carlisle, Pa. 17015. Mother and Father married on March 30, 1996 and are not separated yet. The parties currently share physical custody of the children. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Brandi Enyeart 23 Beecher Drive 1999 - present Kevin Enyeart Carlisle, Pa. 17015. The Mother of the child is Brandi Enyeart. She currently resides at 23 Beecher Drive, Carlisle, Pennsylvania, 17015. She is married to Father. The Father of the child is Kevin Enyeart. He currently resides at 23 Beecher Drive, Carlisle, Pennsylvania, 17015. He is married to Mother. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the children and Father. 5. The relationship of defendant to the children is that of Father. The defendant currently lives with the children and Mother. 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 party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: The parties are still living together but anticipate separating upon the sale of the marital home or earlier. Mother is requesting a court Order confirming the parties' agreement regarding physical custody, and providing for shared legal custody of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody Order regarding the children. Respectfully submitted, Date: I J e Mdam's, Esquire .D No. 79465 17 West South Street C rlisle, Pa. 17013 17) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody 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. Date: q I I I og ,?,?a - ?-OQ&4 Brandi Enyeart, laintiff i'fi...?Ll??f..?l? .l • i V.?_. OF TH F P,?,• T 4,R Y 2009 SE P - ! PH 12: 0 AFY BRANDI ENYEART IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN ENYEART DEFENDANT 2009-5980 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 08, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at __ 4th Floor, Cumberland County Courthouse Carlisle on Thursday, October 08, 2009 at 9:30 AM 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. 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/ Hubert X. Gilroy, Es q. 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 17013 Telephone (717) 249-3166 ()F THE PROTHONOTARY 2009 SEP -9 PM 3: 38 UIVI BRANDI ENYEART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0q-"&_b Civil Term KEVIN ENYEART, : ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE I, Jane Adams, Esquire, do hereby certify that on this date, I served a true and correct copy of NOTICE TO DEFEND, DIVORCE COMPLAINT, AND CUSTODY COMPLAINT in the above-captioned matter upon the following individual(s) by first class mail, return receipt requested, postage prepaid, addressed as follows: Kevin Enyeart 23 Beecher Dr. Carlisle, Pa. 17013 DEFENDANT DATED: lqqdq -I ¦ Complsbe kerns 1.2. and 3. Atao complete Item 4 If Restricted Dek" b desired. ¦ 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 mailpiece, or on the front If space permits. y X ?? rl Agent 'ro 1. Article Addressed to: Received by (Printed Name) I C. D. is Mvery address am went from kern 1v1 0 Yes If YES, enter delivery address below: 0 No 3. Service Type " Cerdfled Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Irwred Mall 0 C.O.D. 4. Reshtted (DeNvery? (Fxda Fee) 1Lyes 2. AAkft Nurnber 700l aia a0A4 7818 6602 Ps Form 3811, February 2004 Domestic Return Receipt 102605.02-Wt540 /ane Adams, Esquire 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff (W 4MTARY 30 11: 02 BRANDI ENYEART, Plaintiff vs. KEVIN ENYEART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 5980 Civil Term ACTION IN CUSTODY CUSTODY STIPULATION AND AGREEMENT 1. Legal Custody_ The Father, Kevin Enyeart, and the Mother, Brandi Enyeart, shall have shared legal custody of their children, Jarren Enyeart, born, July 24, 1996, and Brittnie Enyeart, born February 24, 1999. The parties shall have an equal right to make all major non-emergency decisions affecting their Children's general well-being, including, but not limited to, all decisions regarding health, education, and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children, including, but not limited to, medical, dental, religious, or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Primary physical custody of the children shall remain with Mother. Father shall have liberal periods of partial physical custody, as agreed by the parties, in addition to the times as follows: a. Every other weekend from Friday after school through Sunday evening at 7:00 p.m. b. Several nights during the week, as agreed by the parties. c. The parties shall share all holidays, pursuant to agreement, as provided by the parties prior schedule. d. The children shall always be with Mother on Mother's Day from 9:00 a.m,. though 7:00 p.m. and shall always be with Father on Father's Day from 9:00 a.m. through 7:00 p.m. e. Each party may two up to two non-consecutive weeks with the children for vacation, when school is not in session, provided thirty (30) days notice is given. A week shall consist of six overnights. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. f. Nothing in this stipulation shall prevent or prohibit the parties from agreeing to additional or different terms provided they mutually consent to the new terms. 3. The parties shall share transportation for the exchanges. 4. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love and affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the children. 5. In the event of a medical emergency, the party then having physical custody shall handle the emergency and make all necessary decisions. The custodial party shall notify the other party as soon as practicable after the emergency is handled. 6. Telephone contact: Telephone contact between the children and the non- custodial parent shall be reasonable and liberal as agreed upon between the parties. 7. Best interest of the children. The parties understand that in making an order for custody, the court shall consider the best interest of the child, which may include any factor which impacts the child's physical, psychological, intellectual, and emotional well- being. The parties have considered all of the above factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the child or children, and it is in the best interest of the child or children and the parties to resolve this matter without litigation and with minimal conflict. 8. This Order is entered pursuant to an agreement of the parties. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this agreement and Order shall control. WITNESSETR Witness Brandi Enyeart, Moth Date: I0--'7?C in Enyeart, Date: 10- ?.-Oq FLEC- /'gyp' * r?,l-?,_.r1;!?,{II?YSlS 2009 OCT -8 AM 9. 45 I OCT 0 9 2009 BRANDI ENYEART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09 - 5980 Civil Term KEVIN ENYEART, ACTION IN CUSTODY Defendant ORDER AND NOW, this I H, day of 061 , 2009, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on October 7, 2009, shall be entered and incorporated in this Order of Court. cc. J e Adams, Esquire, for mother '?1 Kevin Enyeart, father Cortles ?v?Q f oq BY THE COURT: FILED- C.=.G` OF THIS F ft JT(-'-N 0TAPY 2009 OCT --9 PH ". 30 Y o:_ ?'v BRANDI ENYEART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KEVIN ENYEART, NO. 2009-5980 Defendant IN CUSTODY ORDER AND NOW, this ( day of October, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. . '??k -- Hubert X. Gilro , Esquire Custody Conci 'ator FILED P" Tbp 2009 0+C T 14 iii 11: 0 b BRANDI ENYEART, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5980 CIVIL TERM KEVIN ENYEART, IN CUSTODY r,?P Defendant CUSTODY STIPULATION AND AGREEMENT C3 E7: 1. Legal Custody. The Father, Kevin Enyeart, and the Mother, BrancEnye shall? have shared legal custody of their children, Jarren Enyeart, born Jiy 2 199, and Brittnie Enyaert, born February 24, 1999. The parties shall have an equal right to make all major non-emergency decisions affecting their Children's general well-being, including but not limited to, all decisions regarding health, education, and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the children, including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parties shall equally share physical custody on a 2-2-3 rotation as set forth below: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Week 1 F F M M F F F Week 2 M M F F M M M Week 3 F F M M F F F Week 4 M M F F M M M This schedule shall commence on September 6, 2010, in accordance with Week 2, with Mother beginning to exercise custody on Monday, September 6, 2010. Further, the exchange times shall always be approximately 5:00 p.m., taking into consideration the parties' work schedules. 3. Holiday Schedule. A. The parties shall share all holidays equally, taking into consideration the schedule they have historically followed. B. The children shall always be with Mother on Mother's Day from 9:00 a.m. to 7:00 p.m. and always with Father on Father's Day from 9:00 a.m. to 7:00 p.m. 4. Summer Schedule. Each party may have up to two non-consecutive weeks with the children for vacation, when school is not in session, provided thirty (30) days notice is given. A week shall consist of six (6) overnights. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 5. The parties shall share equally in transportation for the exchanges. 6. The parties shall not do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party or which may hamper the free and natural development of the children's love and affection for the other party. 7. Telephone contact between the children and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 8. It is affirmed that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, had jurisdiction over the issue of custody of the children in this case at the time the proceedings were initiated, and the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of Common Pleas of Pennsylvania, Cumberland County Branch, enter this as an Order of Court. 9. Any and all prior Orders in this matter are dismissed. 10. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 11. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 12. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. WITNESS: Date: ..1 " _? , 2010 Brandi Enyeart ,? .L Kevin Enyeart Date: ll? - 1 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this r _ kday of It 2010, before me, the undersigned officer, personally appeared BRANDI ENYEART, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NO'iMMI rAl cur ? f? K ^r? M? ceff W" boom Jan e. Ref! Notary Pub i ( 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of 2010, before me, the undersigned officer, personally appeared KEVIN ENYEART, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. low" *Aft rL::- Of CORefit I - , - --a Notary Pu j SEP 13?UIU BRANDI ENYEART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-5980 CIVIL TERM KEVIN ENYEART, IN CUSTODY Defendant ORDER OF COURT AND NOW, this -Aay of E , 2010, the attached Custody Stipulation and Agreement is hereby made an. Order of Court, and any and all prior Orders shall be dismissed. 7 J a -(} i cc: xBrandi Enyeart, Pro Se Hannah Herman-Snyder, Esquire Attorney for Defendant A4 T X7 TT TT f? nT TO '1'