HomeMy WebLinkAbout01-2382 ·
Linnaya M. Kenyon,
Plaintiff · IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
·
v. · CIVIL ACTION- LAW
· IN CUSTODY
Chad M. Kenyon, '
Defendant ' NO: 2001 - 02
·
CUSTODY AGREEMENT AND ORDER
THIS AGREEMENT, made this ~ ~5~' day of ~, 2001, between Linnaya
M. Kenyon, hereinafter Mother, and Chad M. Kenyon, hereinafter Father, concerns the custody
of their child, Kaitlyn D. Kenyon, bom December 12, 1997.
Mother and Father desire to enter into an agreement as to the custody of the child.
Mother and Father agree to the following:
1. Mother shall have sole legal custody of the minor child.
2. Mother shall have primary physical custody of the child.
3. Father shall have partial physical custody of the child as follows:
a. One weekend per month from 9:00 p.m. Friday until 9:00 p.m. Sunday.
b. Mother and Father will share transportation, with the person beginning his
or her custodial period having responsibility for picking up the child.
4. _I-Iolida~. The following holiday schedule shall supersede the regular custody
schedule. At the end of the holiday period (as set forth below), the regular
custodial schedule shall resume. Mother and Father agree to share custody of the
child on the child's birthday, Christmas, Mother's Day, and Father's Day as
follows:
a. B~irthday/Christma~. Because the child's birthday is near Chr/stmas, the
following custodial schedule provides for both holidays each year.
1
Birthday/Christmas will be divided into two time periods. The first period
(Period "A") will be from 9:00 p.m. on the Friday night before the child's
birthday until 9:00 p.m. on the Sunday following the child's birthday, including
one week. The second period (Period "B") will be from 9'00 p.m. on the Friday
before Christmas Day until 9:00 p.m. on the Sunday following Christmas Day,
including one week. Father will have custody of the child during Period A in
even numbered years and during Period B in odd numbered years. Mother will
have custody of the child during Period A in odd numbered years and Period B in
even numbered years.
b. Father's Day. Father will have custody on Father's Day Weekend from
9:00 p.m. Friday until 9:00 p.m. Sunday.
c. Mother's Day. Mother will have custody on Mother's Day Weekend.
5. Vacation. Father may have physical custody for two 2 -week periods during the
summer, times to be agreed upon by Mother and Father. Father must give 30 days
notice to Mother. Other than these vacation periods, Father may not remove the
child from the Commonwealth of Pennsylvania unless he gets written
authorization from Mother.
6. If Father takes the child anywhere other than his residence for extended periods of
time during his custodial per/ods, Father must give Mother the location and phone
number where the child can be reached.
7. Father will provide all transportation relating to the vacation periods.
8. Neither party will be intoxicated from alcohol or drugs while in the presence of
the child. If Father is charged with any alcohol or drug related offense relating to
a time that he has or had physical custody of the child, Father agrees that his
rights to unsupervised custodial periods under this Agreement and Order shall
immediately terminate. If this occurs, Father's visitation periods with the child
shall be supervised by a person mutually agreed upon by the parties until Father
has successfully completed an alcohol or drug treatment program.
9. Mother and Father shall be entitled to reasonable telephone access with the child
while the child is in the other's custody.
10. The parties shall keep one another advised of their current address and telephone
number.
11. Father and Mother will inform each other of medical care the child needs or
receives while in the other parent's care. Father and Mother will notify the other
immediately of medical emergencies which arise while the child is in that parent's
12. Neither parent will do anything which may estrange the child from the other party,
or injure the opinion of the child as to the other parent, or which may hamper the
free and natural development of the child's love and respect for the other parent.
13. Father understands that if Mother moves out of Cumberland County, this
Agreement will remain in effect.
14. Father has been informed and understands that the Family Law Clinic represents
only Mother's interests in this matter. He has been advised that if he wants legal
advice on this matter, he must obtain his own attorney. He understands this and
has chosen to proceed without counsel.
15. The parties intend to be bound by the terms of this Agreement and intend that this
Agreement be entered as an Order of Court.
Certified Legal Intern
.~_
Robert E. Rains
Teri L. Henning
SUPERVISING ATTORNEYS
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
AND NOW, this ,. 2~d44 ORDER
day of _, 2001, the foregoing Agreement is
approved and entered as an Order of Court.
Date: _ 4/~ ~ _~ 2001
LINNAYA M. KENYON · IN THE COURT OF COMMON PLEAS OF
Plaintiff '
· CUMBERLAND COUNTY, PENNSYLVANIA
v. · CIVIL ACTION- LAW
CHAD M. KENYON, · IN DIVORCE AND CUSTODY
Defendant · NO. or- 3 B~,,2- CIVIL TERM
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 ma
you by the court. _A__judg.men..t may also be entered aeainst ~o,, ~',- ..... ~.=b_e en. te. red agmnst
.requested in these papers oy me plaintiff You ,--..~, Ff.~.. _~__'_ ~' '"" ,my umer cJmm or relief
~mportant to you, including custody or visitation of your child.
· ',,-~ ,,,~ money or property or other rights
When 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 in
the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
the A--Th'e C°ur't..°f---C- ° -m~....°.n P!eas of Cumberland COUna~o'nS required by law to comply with
mencans w~m O~sab~t~es Act of 1990. For inform 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.
LINNAYA M. KENYON, ' IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBE~AND COUNTY, PENNSYLVANIA
·
V. · CIVIL ACTION-LAW
· DIVORCE AND CUSTODY
·
CHAD M. KENYON, ·
Defendant .
· NO. 01- .Z $ ?~ CIVIL TERM
DIVORCE COMPLAINT WiTIt CUSTODY COUNT
The plaintiff, Linnaya M. Kenyon, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in divorce and custody.
COUNT I
1. Plaintiff is Linnaya M. Kenyon, who currently resides at 338 B East North Street,
Carlisle, Cumberland County, Pennsylvania 17013, since January, 2000.
2. Defendant is Chad M. Kenyon, who currently resides at 18 North High Street,
Newville, Cumberland County, Pennsylvania 17141, since February, 2001.
3. Plaintiff has been a bona fide resident of Cumberland County and the
Commonwealth for at least six months immediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on September 12, 1996, in Duval County,
Florida.
5. Plaintiff and defendant have lived separate and apart since November, 2000.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
8. 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.
WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the
marriage.
COUNT II
CUSTODY
9. Plaintiff repeats and reallcgcs paragraphs 1 through 8, as if fully set forth herein.
10. Plaintiff seeks custody of thc following child:
Nam.___~e Present Residence_ D_~ate of Birth
Kaitlyn D. Kenyon ~8-B East North Street 12/12/97 (~ years old)
Carlisle, PA 17013
The child was bom within wedlock.
The child is presently in the custody of Linnaya M Kenyon, who resides at 338-B East
North Street, Carlisle, PA 17013.
During the past five years, the child has resided with the following persons and at the
following addresses:
Person
- Addresses
- Date._____~s
Linnaya Kenyon 338-B East North St. 8/00 - current
Kimberlee Rabenstein Carlisle, PA 17013
(mother's sister)
Jason Rabenstein (mother's brother-in-law)
Ethan Rabenstein (mother's nephew)
Linnaya Kenyon 338-B East North St. 1/00 - 8/00
Chad Kenyon Carlisle, PA 17013
Linnaya Kenyon 409 Sheely Lane 5/99 - 1/00
Pamela Siegrnan (mother's mother) Mechanicsburg, PA
Amy Doolittle (mother's sister)
Chad Kenyon Jacksonville, FL 11/98 - 5/99
Linnaya Kenyon
Amy Doolittle
Chad Kenyon Tampa, FL 5/98 - 11/98
Linnaya Kenyon
David Siegman (mother's brother)
Chad Kenyon Jacksonville, FL 12/97 - 5/98
Linnaya Kenyon
11. The relationship of the plaintiff to the child is that of mother. She is married. She
currently resides with the following persons:
Name Relationshio
Kaitlyn Kenyon Daughter
Kimberlee Rabenstein Sister
Jason Rabenstein Brother-in-law
Ethan Rabenstein Nephew
12. The relationship of defendant to the child is that of father. He is married. He
currently resides with no other persons.
13. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth or any other state.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation fights with respect to the child.
14. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
a) Plaintiff has been primary caretaker of the child since birth;
b) Plaintiff is better able to provide a home with adequate moral, emotional, and physical
surroundings for the child, whose best interests would be served by an award of primary physical
custody to the plaintiff.
c) The parties have agreed to a custody arrangement, as set forth on the Order attached to
this Complaint.
15. Each parent whose parental fights to the child has not been terminated and the person
who has physical custody of the child have been named as parties to this action.
16. Plaintiff and Defendant entered into an Agreement as to Custody on April 22, 2001.
The Agreement provides that Pla/ntiff shall have sole legal custody of the child. Plaintiff shall
have primary physical custody and Defendant shall have periods of partial custody of the child as
specified in the attached Agreement. The parties would like the Agreement to be entered as an
Order of the Court.
· ·
.d
WHEREFORE, plaintiff requests the court to grant to her sole legal and pr/mary custody
of the child and enter an Order in the form attached hereto.
Certified Legal Intern
·
ROBERT E. RAINS
TI~RI L.
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
VERIFICATION
I verify that the statements made in this Divorce Complaint with Custody Count are true
and correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
aya M. Ken
· IN THE COURT OF COMMON PLEAS OF
LINNAYA M. KENYON · CUMBERLAND COUNTY PENNSYLVANIA
Plaintiff ' · '
·
v. · CIVIL ACTION - LAW
· IN DIVORCE
CHAD M. KENYON ·
Defendant 'NO. 01-2382 CIVILTERM
PROOF OF SERVICE
Understanding that the making of any false statement would subject her to the penalties
of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities), the undersigned verifies
that the Family Law Clinic mailed a true copy of the Divorce Complaint with Custody Count on
the Defendant by placing the same in the U.S. Mail, certified no. 7099 3400 0018 4996 9657,
restricted delivery, return receipt requested, postage prepaid, on the 23rd day of April, 2001
addressed as follows. Chad M. Kenyon
18 North High Street
Newville, PA 17141
Sender' s receipt no. 7099 3400 0018 4996 9657 is attached hereto and incorporated by reference.
On or about 10th day of May, 2001, green return receipt no. 7099 3400 0018 4996 9657
was delivered to the Family Law Clinic, bearing the signature of Chad Kenyon and showing a date
of service of May 3, 2001. The return receipt 'is attached hereto and incorporated by reference.
.fled Legal Intern
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
Dated: 717-243-2968
· Complete Items 1, 2, and 3. Also complete Print C/early) B. Date of
~ item 4 if Restricted Delivery is 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, rn Agent
ri Postage $ ,.~ or on the front if space permits.
I'1
r" Certified Fee /~ ~ 1. Article Addressed to: D. Is delivery from item 17 F! Yes
J- I Return Receipt Fee Postmark If YES, enter delivery address below: I-1 No
~ (Indorsement Required) /o ~1} Here
· 1 ~estricted Delivery Fee ~ ~l ~
:3 (~ndorsementRequired) _ 3-o,~ 18 getiver to addressee
'i Total Po,tage & Fee, $ ~7'/ ~ ~ t,a 17141
PS Form 3811, July 1999 Domestic Return Receipt
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LINNAYA M. KENYON, · IN THE COURT OF COMMON PLEAS OF
Plaintiff
' CUMBERLAND COUNTY, PENNSYLVANIA
V.
· CIVIL ACTION - LAW
· IN DIVORCE
CHAD M. KENYON, .
Defendant · NO. 01-2382 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on April
23, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to
unswom falsification to authorities.
Date~ . '~ ,~ '
LINNAYA M. KENYON, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
·
v. ' CIVIL ACTION - LAW
· IN DIVORCE
CHAD M. KENYON, .
Defendant 'NO. 01-2382 CIVILTERM
WAIVER OF NOTICE OF INTENTION TO RE UEST
3301 c OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are tree and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to
unswom falsification to authorities.
.,
LINNAYA M. KENYON, · IN THE COURT OF COMMON PLEAS OF
Plaintiff
· CUMBERLAND COUNTY, PENNSYLVANIA
·
·
V.
· CIVIL ACTION - LAW
· IN DIVORCE
CHAD M. KENYON, .
Defendant · NO. 01-2382 CIVIL TERM
AFFIDAVIT OF CONSE~
1. A Complaint in Divorce under {~{~ 3301(c) of the Divorce Code was filed on April
23, 2001.
2. The marriage.of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to
unswom falsification to authorities.
Date~ · ,
Chad M. ant
LINNAYA M. KENYON, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
·
V.
· CIVIL ACTION - LAW
· IN DIVORCE
CHAD M. KENYON, .
Defendant 'NO. 01-2382 CIVILTERM
WAIVER OF NOTICE OF INTENTION TO RE UEST
ENTRY OF A DIVORCE DECREE UNDER
3301 c OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are tree and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to
unswom falsification to authorities.
LINNAYA M. KENYON, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
·
·
v. · CIVIL ACTION- LAW
· IN DIVORCE
CHAD M. KENYON, .
Defendant · NO. 01-2382 CIVIL TERM
_Certificate of Service
I, Debra Hart Munchel, Certified Legal Intern from the Family Law Clinic, hereby certify
that I am serving a true and correct copy of the Praecipe to Transmit Record and the Vital
Statistics forms, in the above referenced case, on the following individual, at the following
address, by U.S. Mail, postage prepaid, this 26t~ day of September, 2001'
Chad M. Kenyon
730 Silvefleaf Court, Apt. F
Glen Bumie, MD 21061
Debra Hart Munchel
Certified Legal Intern
LINNAYA M. KENYON, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
v. · CIVIL ACTION- LAW
· IN DIVORCE
CHAD M. KENYON, ·
Defendant · NO. 01-2382 CIVIL TERM
CERTIFICATE OF SERVICE
I, Debra Hart Munchel, Certified Legal Intern, the Family Law Clinic, hereby certify that
I am serving a true and correct copy of the Affidavit of Consent and Waiver of Notice forms
signed by the plaintiff on the defendant, Chad M. Kenyon, at the following address, by regular
U.S. Mail, postage prepaid, this 22~a day of August, 2001:
Chad M. Kenyon
730 Silverlest Court, Apt. 7
Glenbumie, MD 21061
Debra Hart Mun~hel ' -
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
LINNAYA M. KENYON, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
·
·
V.
· CIVIL ACTION - LAW
· IN DIVORCE
CHAD M. KENYON, .
Defendant · NO. 01-2382 CIVIL TERM
CERTIFICATE OF SERVICE
I, Debra Hart Munchel, Certified Legal Intern, the Family Law Clinic, hereby certify that
I am serving a tree and correct copy of the Affidavit of Consent and Waiver of Notice forms
signed by the defendant on the defendant, Chad M. Kenyon, at the following address, by regular
U.S. Mail, postage prepaid, this 24th day of August, 2001:
Chad M. Kenyon
730 Silveflest Court, Apt. 7
Gl enbumie, MD 21061
Debra Hart Munchel - -
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
·
· ·
LINNAYA M. KE~ON, · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
·
·
v. · CIVIL ACTION- LAW
· IN DIVORCE
CHAD M. KENYON, ·
Defendant · NO. 01-2382 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce' irretrievable breakdown under Section 330 l(c) of the Divorce
Code.
2. Date and manner of service of the complaint: May 3,2001, by U.S. mail, certified,
restricted delivery, return receipt requested, postage prepaid. ~.
3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the
Divorce Code: by the plaintiff, August 18, 2001; by the defendant, August 20, 2001.
4. Related claims pending: None.
5. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the
pronthonotary: August 22, 2001.
Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the
pronthonotary: August 24, 2001.
D~bra Hart Munchel
~xC ert~.~ Intern
T~S M. PLACE -~-
ROBERT E. RAINS
TERI L. HENNING
Supervising Attomeys
FAMILY LAW CLINIC
Date: September 26, 2001 45 North Pitt Street
Carlisle, PA 17013
717/243-2968
IN THE COURT OF COMMON PLEAS
Of CUMBERLAND COUNTY
STATE OF PENNA.
Pla/ntiff N O. , 2382 - 2001
VERSUS
DEC rEE iN
· - DIVORCE
AND NOW, ~, it IS Ordered AND
DECREED THAT ~31~y~ M. Kenyon, , PLai NTI fl,
AND ~ ~1~ Ifm~yor~e , DEfENDaNT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURiSDICTiON OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED Of RECORD iN THIS ACTION FOR WHICH A FINAL ORDEr HAS NOT
YEt BEEN ENTERED;
By Th
ATTEST: j.
PROTHONOTARY