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HomeMy WebLinkAbout97-00347 \ I i \. " - o m ~ ... \l ~ ~ .~ \ J J , /' ,p" t' l ... ~ - ". ,~ ... '-J ~;fr, .~ <:r HIM IS7 fII[v IWO CO"IoIONWfAL1'H Of' I"f:NNSn"'NIA Dt:IWH/oIfHT Of' HlAL1'H VITAL RECORDS Cumberland DIVORCE [] RECORD OF OR ANNULMENT (CHECK ONE) 0 STATE FILE NUlolBEA COUNTY STATE FilE DATE HUSBAND 1 NAME ,F",,, /MICIdI.J ,L.." 2 DATE (AIonlfl' ID..,J .... Jeffrey OF 04 10 58 Keith Boyer BIRTH , RESIDENCE $'TH' Of R 0 c.ty, Boro Of lWp Cl,)uflty 51.,. . PLACE ,SUI. Of F~ Country} Cumberland OF Pennsylvania 51 Ball Park Drive Gardners PA BIRTH . NUMBER . RACE 7 USUAL OCCUPATION OFnllS 1 WHITE e~CK OTHER ISPKltyl MARRIAGE [] 0 0 Mechanic - Laid off WIFE . MAIDEN NAME ,FltSt, (M~, ILaJfJ . DATE IMottt'" (o..,} .... Glenn Kimberly K. Boyer OF 06 09 62 BIRTH .. RESIDENCE 5,,.., Of R 0 City, 80m Of !'1.9 COUflty St,t. 11, PLACE (St". 01 F~ Counlty} 196 Locust Grove Road Dillsburg Cumberland PA OF Pennsylvania BIRTH 12, NUMBER . RACE U USUAL OCCUPATION OFn.llS 1 WHITE BLACK OTHER ISpkltyl MARRIAGE IRl 0 0 First Stop Video ,. PlACt; OF (County} (SI.r. 01 Frnogfl Country} .. DATE Of (MMrfl' (o.y} {)'f'" THIS Cumberland Pennsylvania THIS 08 10 80 MARRIAGE MARRIAGE ". NUMBER OF "B NUMBER OF DEPENDENT ,. PLAINTIFF .. DECREE GRANTED TO CHILDREN THIS CHILDREN UNDER 18 HUSBAND WIFE HUSBAND WIFE OTHER lS9teltyl MARRtAGE 2 2 0 00 0 [] 0 20 NUMBER OF HUSBAND WIFE SPLIT CUSTODY OTHER lSPKltyl CHILDREN TO 0 0 [II CUSTODY OF 22 DATE OF DECREE ,MoItlflJ (D..,} ('ItJ", " SIGNATURE OF TRANSCRIBINU CLERK 21 LEGAL QROUNDS FOR DIVORCE OR ANNULMENT Section 3301(c) DATE REPORT SENT (Mon''', TO VITAL RECORDS (O,y, I_J 7: ,.,-'.- :,;)i _:~illll?~; , H,. ~,~ .,'.'.,.:. , -.. - 'IIII~' " II,., '. , 'Ill', , . 11IIII.'- , :.": II'", , . <H'" -'-~ - -. . . . .. ,'-0 , ,~ " ",' , ..- ;:. 1''-, I~" . ' ~. 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IIF:,"~".:...: "':III!I'..; :';," .~ -~-;-~'.:-.,-<" ~,- ':~.. ;,:;;2:;.. __ _ i..' _- ,- ~ ~ "-~" . ,. - ._<;C'';''.,,_ ~ .!,<. _._ ~~-:::'.~.?>~'-c.,O;"",,",'_:,:,\ KIMBERL Y K. BOYER. Plaintiff : IN TilE COURT OF COMMON PLEAS OF t .. i : CUMBERLAND COUNTY. PENNSYL VANIA v. CIVIL ACTION - LAW KEITH JEFFREY BOYER Defendant 97-347 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) OF TilE DIVORCE CODE I. A Complaint in Divorce under Sections 3301(e) of the Divorce Code was filed on January 21, 1997. 2. The marriage of PlaintifT and Detendant is irretrievably broken and ninety days have elapsed from the date offiJing of the Complaint. 3. I consent to the entry of a final Decree of Divorce without notice. 4, 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. 5. 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 true and correct. I understand that false statements herein made arc subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: .~ '),lot; ID .1998 t{O$~~~ KE JEFF EY BOYER Defendant KIMBERLY K. BOYER. PlaintIff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION - LAW 97-347 CIVIL TERM KEITII JEFFREY BOYER Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff. being duly sworn according to law. deposes and says: I, I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3, Being so advised. I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I veritY that the statements made in this atlidavit are true and correct. I understand that false statements herein made are subject to the penalties of III Pa. C.S. Section 4904 relating to unsworn falsi fication to authorities. -'v 'v'\, If) .1998 ~y,~ KE JEFF EY BOYER KlMBERL Y K. BOYER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW 97.347 CIVIL TERM KEITH JEFFREY BOYER, Defendant IN DIVORCE AFFIDA VIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a){/){Jl COMMONWEALTH OF PENNSYLVANIA : ss: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: I. That he is a competent adult and attorney fDr the plaintiff in the captioned action in divorce, 2. That a certified copy of the complaint in divorce was served upon the defendant on January 24, 1997, by certified, restricted delivery mail, addressed to him at 929 Spring Circle, Mechanicsburg, Pennsylvania 17055, with Return Receipt Number Z 069 877 470. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I veritY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities Date: 41 :I^ .. I ,1998 KIMBERLY K. BOYER, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . KEITH JEFFREY BOYER, Defendant :NO: 97 - 347 : IN CUSTODY Prior Judge: George E. Hoffer CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information psrtaining to the children who are the subject of this litigation is as follows: Bryan Keith Boyer, born June 24, 1989 and Melissa Kay Boyer, born October 9, 1986. 2. A Conciliation Conference was held on March 31, 1997, with the following individuals in attendance: The Mother Kimberly K. Boyer with her counsel Marcus A. McKnight, III, Esquirs and the Father, Keith Jeffrey Boyer with his counsel Bradley L. Griffie, Esquire. 3. There is currently a Custody Ordsr in existence which provides Father having primary custody and Mother having periods of temporary custody. However, the Mother has not been enjoying her periods of temporary custody. The Father suggests that the children do not want to go to visit the Mother. The parties discussed this issue at a Conciliation Conference. The Conciliator encouraged the Father to exercise his enforcement authority to ensure that the children go to visit their mom on the scheduled times. The Conciliator also encouraged the mom to be sensitive with respect to the children's needs and also sensitive with respect to not making any adverse comments concerning the Father when she has custody of the minor children. 4. The Conciliator recommends an order in the form as attached. KIMBERLY K. BOYER, Petitioner : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97-347 CIVIL TERM KEITH JEFFREY BOYER, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW comes the Petitioner, Kimberly K. Boyer, by her attorneys, Irwin, McKnight & Hughes, and presents the following Petition for Custody. 1. The Petitioner is Kimberly K. Boyer, an adult individual residing at 196 Locust Grove Road, Dillsburg, York County, Pennsylvania 17019. 2. The Respondent is Keith Jeffrey Boyer, an adult individual residing at 51 Ball Park Drive, Gardners, Cumberland County, Pennsylvania 17324. 3. The parties are the natural parents of two children, namely, Bryan Keith Boyer, born June 24, 1989, age 8 years; and Melissa Kay BDyer, born October 9, 1986, age 11 years. VERIFICATION The foregoing Petition for Custody is based upon infonnation which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C,SA Section 4904, relating to unsworn falsification tD authorities. ~~~~ KI BERL Y K. YER Date: i- ) J , 1998 @JUN 0 3 1998 t . c: \ KIMBERLY K. BOYER, Plaintiff V :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAIi : :NO: 347 CIVIL 1997 :IN CUSTODY KEITH JEFFREY BOYER, Defendant COURT 0.Rm:R AND NOli, this //v- , 1998, the ~ the parties day of have reached an Conciliator being advised that agreement, the Conciliator relinquishes jurisdiction. re :' '~:."2;:- "~'-' :-. ,.: ".,~ .~"-'.~ '," .-.. . ':-;':~?~;~~::~~;.,-.:~l' \ :. . , _,;)~~~~ff}~'i//_;', t;.,,:,:. "'''''~".,~' " '}--.,~~-~~~;~~f' ;' p~/?r.' ,~': . <_.i...!:W",.~t..~,- ......,_.~ C-,. "<, ...;...:;.1',_ ''i,.'\:;!'_:,''1'' J1,' i.'". ~-,'.-<; 'r.l' -- '" --~" '+--~;-' ';:}W~!~;2;;;!1 ~,.:,,;, (") .0 () c: :;0 '., ;~. l- ,-;1 --0 e.) <-= ,,::D [nn. -'- \. .- ,,=,:;:'1 1 ::1m Z\. ',0 uJ.',; '-" "J I ~ :.It) r-:CJ .,'\ .." ~.' "f -; _0 ~r) ('-.C', /--:Cj ~ i::yn ~..c; =-.:! ?;"l ::> ~ ....: <1' '< i I i I I , i , I I I I I I , I i \ \ I \ I KIMBERLY K. BOYER (FOSTER), Petitioner . IN THE COURT OF (XXolMOO PLEAS OF . . CUMBERLAND COONTY, PENNSYLVANIA . . NO. 96-1115 CIVIL TERM / . : NO. 97-347 CIVIL TERM . . . CIVIL ACTION - LAW . . IN CUSTODY . vs. KEITH JEFFREY BOYER, Respondent ,. aUlER oF <nJRT AND toi, this lh consideration of the attached and directed as follows: , 1999, upon t is ordered 1. '1l1e prior orders of this Court dated April 1, 1996, May 4, 1996 and April 2, 1997 are vacated and replaced with this order. 2. '1l1e parties shall participate in a course of counseling with a professional selected by agreement of the parties and counsel. '1l1e purpose of the counseling shall be to develop cooperation and corrmunication skills between the parties to enable them to effectively co-parent their Children. The counseling shall continue until either the counselor determines that it is no longer necessary or until the parties' insurance coverage terminates, whichever occurs first. Each party shall be responsible for one-half of any counseling costs which are not covered by insurance. 3. '1l1e Mother, Kimberly K. Foster, formerly Boyer, and the Father, Keith Jeffrey BOyer, shall have shared legal custody of Melissa K. Boyer, born october 9, 1986, and Bryan K. Boyer, born June 24, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regardin;J their health, education and religion. 4. The Mother shall have primary physical custody of the parties' son, Bryan, and the Father shall have primary physical custody of the parties' daughter, Melissa. 5. The parties shall alternate having custody of both Children an weekends from Friday through Sunday, with the specific times for exchangee of custody to be arranged by agreement of the parties. The parties my' have additional weekday periods of custody with each Child also as arranged by agreement. ' 6. '1l1e parties shall share or alternate having custody of the Children on holidays as follows: ' A. '1l1e Mother shall have custody of the Children in even nuni:leted years on the following holidays: Christmas Eve fran 12:00 noon until 8:00 p.m., Easter Day and Independence Day fran 7:00 p.m. the previous evening through 7:00 p.m. on the holiday. B. The Mother shall have custody of the Children in odd nunbered years on the following holidays: New Years Day, Memorial Day and Labor Day from 7:00 p.m. the previous evening through 7:00 p.m. on the day of the holiday and on Christmas fran 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day. c. The Mother shall have custody of the Children in every year on the following holidays: Thanksgiving from 7:00 p.m. the previous evening through 3:00 p.m. on Thanksgiving Day and on Mother's Day fran 9:00 a.m. until 7:00 p.m. D. The Father shall have custody of the Children in even nunbered years on the following holidays: New Years Day, Memorial Day and Labor Day from 7:00 p.m. the previous evening through 7:00 p.m. on the day of the holiday and on Christmas from 8:00 p.m. on Christmas Eve until 8:00 p.m. on Christmas Day. E. The Father shall have custody of the Children in odd nunbered years on the following holidays: Easter Day and Independence Day fran 7:00 p.m. the previous evening until 7:00 p.m. on the day of the holiday and on Christmas Day fran 12:00 noon until 8:00 p.m. F. The Father shall have custody of the Children in every year on the following holidays: Thanksgiving Day beginning at 3:00 p.m. and on Father's Day fran 9:00 a.m. until 7:00 p.m. 7. During the sumner school vacation in each year, both parties shall be entitled to have custody of both Children for one uninterrupted week during each of the months of June, July and August. In even ntri>ered years, the Mother shall notify the Father by June 1st of her selection of dates for extended periods of custody under this provision and the Father shall advise the Mother of his selected dates within 10 days thereafter. In odd nunbered years, the Father shall notify the Mother by June 1st of his selection of dates for extended periods of custody under this provision and the Mother shall advise the Father of her selected dates within 10 days thereafter. 8. Unless otherwise agreed by the parties, the party receiving custody of the Child or Children, shall be responsible to provide transportation for the exchange of custody. 9. Neither party shall do or say anything which may estrange the Children fran the other parent, injure the opinion of the Children as to the other parent or haIlp!r the free and natural development of the Children's love and respect for the other parent. 10. The parties and their counsel shall attend an additional custody conciliation COnference on Noverrber 23, 1999 at 9:00 a.m. in the office of ; '!', ,: " " , ' " , .' i.,: ") :,~/ ,r' , . , ." ~ " . ' 1 ...., ' . " ,~:: . KIMBERLY K. BOYER (FOSTER), Petitioner IN THE OOURT OF cn\l'1OO PLEAS OF : CUMBERLAND COUNTI:', PENNSYLVANIA . . vs. : NO. 96-1115 AVIL TERM : NO. 97-347 ~CIVIL TERM : KEITH JEFFREY BOYER, Respondent : CIVIL ACTION - LAW : IN CUSTODY OODBR OF ClXJRT AND ta, this tJ k day of l)J""..c..t , 1999, upon consideration of the attached CUstody COiiCllratio~eport, it is ordered and directed as follows: 1. 'l11e prior Order of this Court dated SeptelriJer 16, 1999 shall continue in effect as modified by this order. 2. 'l11e parties shall participate in a course of counseling with a professional at the Helen Stevens Center, selected by agreement of the parties and counsel. 'l11e purpose of the counseling shall be to develop cooperation and c:amnmication skills between the parties to enable them to effectively coparent their Children. The counseling shall continue until the counselor determines that it is no longer necessary. Each party shall be responsible for one-half of any counseling costs which are not covered by insurance. By Decenber 3, 1999, the parties shall initiate the counseling process, select the counselor and schedule the initial counseling session. 3. 'l11e Mother shall have temporary primary custody of Melissa K. Boyer pending initiation of the counseling process and the additional CUstody Conciliation Conference. 'l11e Father shall continue to have custody of both Children on alternating weekends and on the holiday periods of custody specified in this Court's prior order. 4. 'l11e parties shall strictly follow the provisions of this Order and the prior Order of this Court dated September 16, 1999 without modification by agreement of the parties. 5. 'l11e parties shall attend an additional CUstody Conciliation Conference at the office of the Conciliator, Dawn S. Sunday, Esquire, on January 11, 2000 at 9:00 a.m. BY THE QJURT, ee: 'l11omas D. Steven J. Edgar B. Bayley, ". . J. Gould, Esquire - Counsel for Mother _ ~ (tY'{J...Q,J, '~/'1I'H. Fishman, Esquire - Counsel for Father::/ ...g,p' KIMBERLY K. FOSTER (formerly BOYER), . IN THE CXlURT OF COOMOO PLEAS OF . Petitioner CUMBERLAND COON'l'Y, PENNSYLVANIA vs. . NO. 96-1115 ~L TERM . . NO. 97-347 VIL TERM . . . KEITH JEFFREY BOYER, . CIVIL ACTION - LAW . Respondent . IN CUSTODY . au>ER Of! axJRT AND toi, this \'\ day of consideration of the attached Custody Conc and directed as follows: , 2000, upon t is ordered 1. 'll1e prior order of this Court dated December 6, 1999 is vacated and replaCed with this order. 2. 'll1e prior order of this Court dated September 16, 1999 shall continue in effect as modified by this order. 3. The parties shall participate in a course of counseling with a professional at the Helen Stevens Center, selected by agreement of the parties and counsel. 'll1e parties agree that the first joint counseling session shall take place on January 18, 2000 at 8:30 a.m. with Michael Kinney. 'll1e purpose of the counseling shall be to develop cooperation and conmunication skills between the parties to enable them to effectively coparent their Children. 'll1e counseling shall continue until the counselor determines that it is no longer necessary. Each party shall be responsible for one-half of any counseling costs which are not covered by insurance. 4. The Mother shall continue to have primary custody of the parties' daughter, Melissa, pending the counseling process. 'll1e Father shall continue to have custody of both Children on alternating weekends from Friday at 5:30 p.m. until Sunday at 8:00 p.m., and on the holiday periods of custody specified in this Court's prior Order. In the event the Father is more than 15 minutes late for a period of custody, the exchange of custody shall automatically be canceled. 5. The Father shall be responsible to provide transportation for all exchanges of custody. During exchanges of custody, the Mother shall remain in her residence at all times and the Father and any other third party accompanying the Father, shall remain in the Father's vehicle throughout the exchange of custody. There shall be no COIIIDunications between' the Mother and the Father or any third party during exchanges of custody. 6. The Mother shall be responsible to ensure that the Children are ready and available to go with the Father at the beginning of his periods of custody. I . :.:. ':.:.-,~'ci:~-t"i~(~:,::1 - . . KIMBERLY K. FOSTER (formerly BOYER), . IN THE o:lURT OF <XlMMOO PLEAS OF t . Petitioner . CUMBERLAND COONTY, PENNSYLVANIA . : VS. . NO. 96-1115 CIVIL TUlM . . NO. 97-347 CIVIL TERM . . . KEITH JEFFREY BOYER, . CIVIL ACTION - LAW . Respondent . IN CUSTODY . PRIOO JUDGB: Edgar B. Bayley aJS'J.OOY <XH:ILIATI~ &HIARY REl'CRl' IN AOCXIUlANCE Wl'1'II <::lJlBmLAND CXXBl'Y RIlLE OP CIVIL PR(lr'KUJRE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. 'I11e pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CIlRRFNl'LY IN aJS'J.OOY OF Melissa Kay Boyer Bryan Keith Boyer october 9, 19B6 June 24, 1989 Mother Mother 2. A Conciliation Conference was held on January 11, 2000, with the following individuals in attendance: The Mother, Kirrberly K. Foster, formerly Boyer, with her counsel, Thomas D. Gould, Esquire, and the Father, Keith J. Boyer, with his counsel, Steven J. Fislunan, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Jh~ Date ~a ' Dawns~tw-z CUstody Conciliator 1.1 ~ , , .