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HomeMy WebLinkAbout97-04317 ~ I , ~ ~ - .. .~ f ~ I ~I lAw Olfices of CRAIG A. DIEHL :MM1NNOlE ROAD CAMP IIU., "" 17011 (717) 16:813 402 N. IIAlU lI1REET SPIUNG GAOVE.'A 113u (717) zzs,11I2I ft .' "" . . , t .".- ~.\: <'I ,- - . LJ.I{ - v: (i ( f:: c_ () , 01 '::~I UJI I ~. . I f. q G: i . . -.:: -. L~ ..~ - .-. U -~ U ""., ~, ~ ~~l ~ \~~ ~~\ ~\\ \ ~ ~ ~ ~ ~\D~ ..... <\:0 ~ ~ ~ ~ , 't.o \I) I\~ .1t *' ~~ \\ ...I E ~ ie:fs ~ i I! !;I~I u Q Yo "" o - eft l::. ~ JL, ~ Elf;! o ~ Q J; I: ~ i ~;. :!: . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUDREY BOYD. Plaintiff NO: 4/ 43/7 ~J!~JJYl vs, KEITH BOYD. Defendant CIVIL ACTION. LAW IN DIVORCE & 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 C'C\,,..j, , -:).., nMn,~. E~\. the conciliator. at.)q.....\ Hl\' ,.\\., l''n 1 "(n\(.,11I(,n the...lL day of~ 1997. at .3;('{) a.m.lp.m., for a Pre-Hearing Custody Conference. At such Conference. an effort will be made to resolve the issues in dispute; or if this cannot be accomplished. to define and narrow the issues to be heard by the Court. and to enter into a temporary order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. By the Court. ;-.JL~'i\. 7~, _""'\ Ilni'k\ l~ ' Custody Conciliator ( 'iP)' , YOU SHOULD TAKE nns PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT llA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO RND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR, 4th FLOOR CUM8ERl..AND COUNTY CQllRnlOUSE CARUSLE. PENNSYLVANIA 17\)\3 TELEPHONE NllMBER: (717) 24<UkOO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUDREY BOYD, Q1. '/i/7 C~ 0.- Plaintiff , NO: . : vs, . . KEITH BOYD, . CIVIL ACTION. LAW , Defendant . , , IN DIVORCE & CUSTODY . COMPLAINT IN DIVORCE. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 330Uc) OR 330lld) OF THE DIVORCE CODt; AND NOW. comes Plaintiff, Audrey Boyd, by and through her Attorneys, the Law OffIces of Cl'lig A. Diehl. and files this Complaint in Divorce, respectfully stating in suupon thereof the following: 1. Plaintiff is Audrey Boyd. an adult individual who resides at 1065 West Trindle Road. Mechanicsburg. Cumberland County, Pennsylvania, 17055. 2. Defendant is Keith Boyd an adult individual who resides at 7043 Carlisle Pike, Box 330, Carlisle, Cumberland County. Penmylvania, 17013, 3. Both the Plaintiff and Defendant have been bona fIde residents of the Commonwakh of Ptnnsylvania for II Iea5t six months immediately prior to the tiling of this Complaint. .. 4, The Plaintiff and Defendant were married on May 7. 1994. in Cumberland County. Pennsylvania. 5. The Plaintiff and Defendant are residing in separate households. 6. The parties have been separate and apart since July 12, 1997. 7. There have been no prior actions in divorce or annulment between the parties. 8. The Defendant is not a member of the armed forces of the United States or any of its allies. 9. The Plaintiff avers that the marriage is irretrievably broken, 10, Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. The Plaintiff does not desire counseling, WHEREFORE. Plaintiff requests your Honorable Court to enter a Decree of Divorce. COUNT II: REOUEST }'OR DETERMINA liON OF CUSTODY II. Paragraphs 1-10 are incorporated Itcrein as if fully set forth. 12. Plaintiff seeks custody of Alex Boyd. age 2, born July 5. 1995. who presently resides at 1065 West Trindle Road, Mechanicshurg. Cumberland County, Pennsylvania 17055. The child was not born \Jut of wedlock, The child is pre.'iently in the custody of Plaintiff at 1065 West TriIx1le RaId. MechanksburJ. Cumltcrland Coont}, PeMliylvania. 17. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the primary caretaker of the child since the child's birth and wishes to remain the primary caretaker; b. The panies are presently separated within the meaning of the Pennsylvania Divorce Code. c. Plaintiff can provide a stable home environment for the child; d. Plaintiff is fearful for the child's emotional and psychological welfare as Defendant and his two roommates expose the child to verbal obscenities and expose the child to violence on television; and e. Plaintiff is fearful for child's physical well being, as Defendant and his two roommates expose the child to harmful smoke, as all three residents srno1ce in the presence of the child; f. Plaintiff further questions Defendant's home environment, as Defendant lacks the appropriate items and know-how to care for the child's daily needs; and g, Plaintiff further fears that Defendant will endeavor to use the parties' child as a tool for manipulation in the panies' divorce action. 18. Each parent whose parental rights to the child have not been terminated and the penon who bas pbY$ica1 custody of the child have been named as panies to lhis ICtion. Law Offices of CRAIG A, DIEHL 301M TRINOl.E ROAD ..c...~~~ PA 17011 (117) 783-7113 0112 N. MAIN STREET SPRING GROVE. PI. IT.1ll2 171'1l225-m IN TilE COURT OF Cm.I~fON PLEAS 61<' CUMBERLAND CO . PE~'NSYLV ANIA AUDREY BOYD, Plaintiff NO: 97-4317 \'5, KEITH BOYD, Defendant CIVIL ACTION . LAW , . : L'l DIVORCE & CUSTODY AmDA VIT OF SERVICE I, Jeffrey C. G055, Esquire, counsel for the Plaintiff, Audrey Boyd, do hereby affmn that a true and correct copy of the return receipt of the Complaint in Divorce and Custody sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of Keith Boyd, is set fonh below. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date-1]w;"":'T 1<) 10/11 . \ .;- ).l( ( JeffreyC. Goss, Esquire Law Of'fites of Craig A. Diehl 3464 Triodle Road Camp Hill, PA 17011 (717) 763-7613 By: , . (:J; So i .~';""'_I"'__ 1__10-..". .~_l."''''''' 1oIowing MrW:at (for an I .....,.. '*'" IN..... '" '" ...... 01 M fDml to f\II .. CIlfl rwhltfrl'" tKtra tee): .==....to..hN"'.............Of'I.......'......ncII t.O AckII.a.IIII',Addrfla I ~. J J .---- l r....__..__ 2,1!3.~n..o.-- . n. "--" ...... ......... ........ ............ ....... -...... ~ I - c-IIl~for"', I 1 1 "':i=1O; "I' 224 ~68 In J 7(4) Carlisle Pilte, lY'x no ~ )'Ile Carlisle, FA 1701) 0 F'I.~11118Cl EI CetIIW o E_1oloI 0 InIuIacI r 0_,.,...""........... 0 COO J J I J .. -, 1 ,I ",.~!. ,.1 t.~-: ~ .' '9~. x jJ<srtw"l'l .' .!$i ----, ~.. ....._~-,~~.>.-'-.. _. . ".',~..'-".'''''- ..........' ~. (') ;,.;"l (') C. ...J " ;-.... ,... ~. ,- n ~;; :~ ;~.~ .....} -. :.., . (; , (J ,~ ;, ~, !rS ~: ,.,),>1 ", ,:- '.:* :.) .. (oJ "< Law OJfic~$ of CRAIG A. DIEHL :14&4 TRlNDlE ROAD CAMI> H1l.l. PA 17011 (717) 783-7813 002"'~~ET SPRING GROVE. PA 17382 (717)225-11:18 -IN nit; l:UUKI VI' l.:VMMVN "LI!;AS VI' LUMBERLANIYCOUNTY, PENNSYLVANIA AUDREY BOYD, Plaintiff NO: 97-4317 vs, KEITH BOYD, Defendant CIVIL ACTION - LAW IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 8, 1997, 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. 4. The panies to this action separated on July 12, 1997 and have continued to live separate and apan since then. S, I understand that I may lose rights concerning alimony, division of propeny, lawyer's fees and expenses if I do not claim them Ix:fore a divorce is granted. I verify that the statements made in this AtTldavit are true and correct. I underslalKt that false swementS herein are made subjct."t to the penalties of 18 PI. C.S, Section 4904, relatill# to unsworn falsification to autborit~s. Date: II }/... ,tl d,(~." ~I Audrey 1.1, . ~;1;". ~~:: ., ..;J lAw Offices of CRAIG A, DIEHL _ TRlNlll.E ROAD CAMP HIll. PA llO11 171ma.~ 402 N, ~N STREET SPAlNGG~7382 (117) 22$01.28 OURrOF-coMMON-PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUDREY BOYD, Plaintiff NO: 97-4317 vs. KEITH BOYD, Defendant CIVIL ACTION - LAW IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER f 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 gt'lInted. 3. I understand that I will not be divorced until a divorce decree is entered by the Coon ml thai a copy of the decree will be sent to me immedialely after it is flied with the Prothonotary . I verify that the statements mack in this affidavit arc true ml correct. I undcntaDd thai false statements herein are mack subjcctto the penalties of 18 PI. C.S. 14904 relatina to unsworn falsifICation to authorities. Dale: l/o.2!" .(n ~:;y...~~( ~ ;01~ ;'-" "--- ~ _,-..;...0 C. ,. ~ :;j ~, , r; t;\ Law Offices of CRAIG A, DIEHL 3484 TAe~-! ~O CAMP Hill. PA 17011 (717) 7113-71113 402 N. MAIN STREET SPRING GROVE. p,.;~ (717)225,1121 .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUDREY BOYD, Plaintiff NO: 97-4317 vs, KEITH BOYD, Defendant CIVIL ACTION . LAW IN DIVORCE & CUS1.0DY AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 8, 1997. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of tiling 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. 4. The panies to this action separated on July 12, 1997 and have contimled to live separate and apan since then, S. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are lIUe and correct, I understand that false staternc:ntS herein are made subject to the penalties of 18 PI. C. S. Section 491M, relating to unsworn falsifICation to autborit1es, ~ t}~'~_ Kritb BOy\!, Ddmtant I .17 I /" c... / /. '7 'Y (,:If C:I / ~i"'~; lAw Offices of CRAIG A. DIEHL 348411llNtIlE ~AD CAMP H1U. PA 17011 (717) 783-7813 .02 N. "!AIN 6l1IEET SPAlNG GR6i1E.PA 173112 (7171225-182' IN THE COURT OF COMM6N~PLEASOF cU~j'BER.LAND COUNTY, PENNSYLVANIA AUDREY BOYD, Plaintiff NO: 97-4317 vs. KEITH BOYD, Defendant CIVIL ACTION. LAW : : IN DIVORCE & CUSTODY ';1 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER I 3301 IC) 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 willl:e sent to me immediately after it is filed with the Prothonotary . I verify tbat the sllltements 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. t 4904 relatillJ to unsworn falsifICation to aulborities. :) ~~ I>.tti: t ~/O'-I(:l ,', I _:*;~.;~j. SEP I 2 19~Jpr AUDREY BOYD, . IN THE COURT OF CXl<lMON PLEAS OF . Plaintiff . CUMBERLAND CXlUN'N, PENNSYLVANIA . . . vs. . NO. 97-4317 CIVIL TERM . . . KEITH BOYD, . CIVIL ACTION - LAW . Defendant : CUSTODY/VISITATION aulIlR (p CDRr AND lOf, this 9th day of Septelli:ler, 1997, the Ccnciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this ease. ~/~IUA ~ /9f 7 ~L~,~ DaWn s. , re CUstody CcncUiator '1'fI!'~' ,;~ , ~ . . . UJW 0jJic~, 01 CRAIG A. DIEHL ~SEPll 1997 _lIINlllE IICWI CAIIP HU. M llOlI 17l7) 7OMI3 401 N. MAIN ITIlEET ~ GIlDVE. M 17311I (717)1&1" .. c' """"_oC"""'~""O"~""_,,, ,-,".." - .'1'( .'":,,,,_,.f;; '_n ".....:,.'....,.~.,,;;~,."'~.-''''''M~~ . r ... . .. , $ ! .....- ... .". IN THE COURT m' COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA AUDREY BOYD PLAINTIt'F, CIVIL ACTIO~ - DIVORn; & CUSTOI)Y v. : No. 97-4317 KErn I Bom DEFENDANT AGREEl\IElIoT AS TO Cl)!.TOOY THIS AGREEMENT is made this ~ day of September. 1997, by and between: AUDREY BOYD. hereinafter referred to as the .Mother.. and KEITH BOYD. hereinafter referred to as the .Father.. WHEREAS, Plaintiff, Mother, fila! a Divorce Complaint with a claim for Custody on August 14, 1997. and a Custody Conciliation Conference has been scheduled for September 11. 1997 at 9:00 a,m.; WHEREAS. the parties are now separated and desire to settle and resolve the questions of custody of their minor child; and WHEREAS. the parties hav'e given serious consideration to the future welfare of their minor child. Alex Boyd. age two (2), born July 5. 1995. and hereby agree as follows: I. LEGAL Cl~TOD\'. Legal custody of the minor child shall be shared by the panics. Shared legal custody means lhe right of both parents to share in the making of decisions of importance in the life of their child. including educational. medK:a1 and religious decision.,. Both parents shall be entitled to equallllXeu to the mild's school. medical and dental reconls , 2. Pn\'SIl'AL ~l ~'1UO}. Mother shall have primary rhy'skal ~'USll~Y of the child. 3. PAIl1U.l. "'\'!IIeAl. Cl'SfUbL Fathef shall N\'C partial rhyskal custody Ilfthe I:hild as follows: (I) Every other S;nurday from 9 a,m. to 6 p,m, commencing Saturday, Septemher 13, 1997. (2) Every Wednesday from 5:30 p,m. to 8:30 p,m, commencing Wednesday, September 17, 1997. (3) Holidays. On holidays in which Father has rights to panial physical custody, the partial physical custody shall commence at 9 a,m, and end at 7 p.m. Father has rights to panial physical custody on holidays as follows: A, The panics shall alternate Christmas Eve and Christmas Day. The holidays of Easter Sunday and Thanksgiving Day shall also be alternated hy the parties. B, Father's Day, Father shall have physical custlxly every Father's Day and Mother shall have physical cushxly every Mother's Day regardless of the weekend schedule, C, Alex's Birthday, The parties shall alternate Alex's Birthday, commencing with Father having Alex in 1998. (4) Vacation, Father shall enjoy such vacation perilxls during the nOlmal preschoolldaycare recess, including the w~'Ck between Christmas and New Years as the Mother may agree, (5) Extra Time. Father shall enjoy physical custody of the child at such other times as the Mother may agree. 4. NOTICE. In the event that Father is unahle to exercise his right to partial physical custody at anyone of the aforesaid times. Father agrees to prnvide Mother with at least twenty- four (24) hours advance notice, 5, TRASSI'ORTAll0:-'. Father shall he responsihle for picking up the child at the home of the Mother when exercising his rights of panial physical custody, Mother shall he responsible for picking up the child at the home of the Father when exercising her rights of physical custlxly. 6, St:AT BEtts, Uoth panies shall ulilize child fl"Slraint seats and/or set helts when lrans(lorting the chill! hy moll I' vehicle. 7. ~\~!lJ":U:I'I,o'\t; Nn,.u. l~h parent shall I.~'\'P the l\ther parent notified as 10 his Ill' her llIII1re-.s :ind lekj'tklllC number al Vi hil:h he ,lr she C:in he feachell at all I iltlC'l 8. IlEI'E:l:IIE!\(,Y TAx EXE~WnO!\. For su~h time as the ~hiIJ. Alex BoyJ. remains in the physical ~usroJy of Mother, the Mother shall be able to daim any appropriate tax JepenJency exemption 1I1r their dlilJ, 9. POSITIVE REJ.,\T(O!\SIIII'S. Both parents shall em.:oumge the chilJ to love anJ respect the other anJ shall not make, nor allow others to make. in the presen~e of the chilJ, Jerogatory comments about the other parent. Further, each parent shall encourage the chilJ to have contact with the other parent. anJ shall make certain that the chilJ is reaJy on time for the transfer of physical custody of the ~hilJ from one parent to the other, 10, WAIVER, The parties hereby waive the requirement of Rule 19.15.7 requesting that they and their child he present hefore the Court to present this Agreement anJ further intenJ this Agreement to he entereJ as an Order of the Court of Common Pleas of Cumherland County. Pennsylvania, subject to modilications as proviJed by law. II. REPRESE:\,.ATIOS. The parties declare that each has had a full and fair opportunity to obtain legal aJvice of ~ounsel of his or her selection; that Molher, AuJrey Boyd. has been independently represented by counsel. Jeffrey C, Goss. of Law Offices of Craig A. Diehl. and that Father. Keith Boyd. has heen informed and understands that he has a right to he represented by independent legal counsel and Father has loeen encouraged to obtain legal counsel. and has decided not to do so, All parties have been informed of the purpose of this Agreement and its legal effects and consequences, 12, ORDER ot. Tilt: COl'RT. This Agreement is to he made part oflhe Order of the Court, ~ _.~ IN WITNESS WHEREOF. the parties hereto set their hands to this Agreement on the date above mentioned, Witness: \If (;;, ,: - {t"Ly /,;...,,/ J r Audrey Boyo. Mot~ U?+ .~ tu.~if\ i)L'~ A8,<~ Keith ""yd, hI her exercised hy periods of visitation with the child while the child remains in Mother's custody and control for the following reasons: a.) Mother has been the primary caregiver for the child since his birth, while Father"s contact with the child has been minimal. Moreover, Father's exereise of his designated partial custody rights have been sporadic with him not exercising his rights to custody for months at a time and upon request he has failed and/or refused to provide Mother with a current telephone number or address : b.) Father's past conduct has not always been in the best interest of the child. Father has driven the child in an uninsured motor vehicle while Father's operating privileges have been suspended. Mother has no direct knowledge or infonnation as to the current status of Father's operating privileges and/or motor \'ehicle insurance. Therefore, Mother truly believes it is in the best interest of the parties' child to have the Father"s partial custody be exereised as visitation in Mother's home, In that regard, Father has visited the child in Mother's home without incident in the past; c.) Mother has severe concerns \\lith Father's home environment because she has no knowledge of where or \\lith whom Father resides. In addition, Father's relationships \\lith other individuals may not be in the best interest of the child, More specifically, in the past. Father had taken the child during his custody periods. to visit Father"s girlfriend while she was incarcerated, Accordingly, for these reasons Mother has concerns \\lith the home environment and individuals \\lith whom the child might come in contact during Father's partial custody periods ifit is not in the fonn of visitation in Mother's home: d.) Father has shown a complete disregard for the authority of this Court. More specifically" there ha\.e been repeated contempt hearings in the child support proceeding between the parties for the subject child. As a result of those \'arious proceedings. a bench warrant has been issued for Father's amst in that proceeding. Despite the Orden entered in the support proceeding and the custody proceeding, Father has wilfull)' and defiantly failed to comply with the terms of both. 1. Pditioner respectfull} req~ts that this Court nuldity the existintl Custody 0Ner such that Father's pcrnlds of partial custody an: dcsi~ as visitation in Mother's home and further n:qucsts that this CllUrt grant such other re1id as it dccnu just and proper. (I) Ewry other Saturday from l) 01,01, to 6 p,m. conulleneinl! 3aturday. Septemher D. I f)1)7 . (2) Ewry Wednesday from 5:30 1",01, to R:30 p,m, commencing Wednesday, Septemher 17, 1997, (3) Holidavs. On holidays in which Father has ril!hts to partial physical custody, the partial physical custody shall commence at 9 a,m, and end at 7 1".01, Father has ril!hts to partial physical custody on holidays as follows: A. The parties shall alternate Christmas Eve and Christmas Day. TIle holidays of Easter Sunday and Thanksgiving Day shall also he alternated hy the parties. n. Father's Dav, Father shall h:lve physical cus\(1dy every Father's Day and Mother shall have physical custody every Mother's Day reganllcss of the wcckend schedule, C, Alex's Birthdav, The p.1rties 511.111 altcm.1le Alex's Birthday, commencing with Father having Alex in 1998, (4) Vacation, Father shall enjoy such vacation periods during the nomlal preschool/daycare recess, including the week between Christmas and New Years as the Mother may agree. (5) Extra Time. Father shall enjoy physical custody of the child at such other timcs as the Mother may agree. 4. NOTIcr:, In the event that Father is unahle to exercise his right to partial physical custody at anyone of the aforesaid times, Father agrees to provide Mother with at least twenty- four C!4) hours :lIJv:ll1ce nNice. 5, TIl.\"srORTATIO'l;, Father shall be responsihle for picking up the child at the home of the M(l(her when exercising his rights of partial physical custody. Mother shall be responsihle fl'r picking up the child at the home of the Father when exercising her righu of physic:ll custody_ 6. SUT [lEI.TS, [I,'th rarti~ shall utilire child restraint scats and"('r "ttl>clts when tran\pt\rting the child hy nJlllnr vchicle. i.\lm.!U",,'S '~"'1I n,;U:MIO"'l: Nl.\tllt:~ r::lch p;lrent shall h'lj\ the other parent Ilotilietl :IS III his {lr her a<klrcss :ll'Id t"Ieph<'llC Ilumher at which he ('f she can he fC:l.CheU at all times g, IlEJ'E:"IlE:"C\' TAX EXE~tJ'T1():", For sllch time as the chil<J. Alex 1l0y<J. remains ill the physical ClISIO<Jy of Mother. the Mother shall he :Ihle 10 claim any appropriate tax <Jepen<Jency exemption for their chil<J. 9. POSITIVE RELATIO:"SIIII'S. lloth parents shall encourage the child to love and respect the other an<J shall not make. nor allow others to make. in the presence of the chil<J. derogatory comments about the other parent. f-urther. each parent shall encourage the chil<J to have contact with the other parent. an<J shall make certain that the child is rea<Jy on time for the transfer of physical custo<Jy of the chil<J from one parent to the other. 10, WAIVER. The parties herehy waive the requirement of Rule 19.15,7 requesting that they an<J their child be present hefore the Court to present this Agreement and further intend this Agreement to he entered as an Order of the Court of Common PleaS of Cumberland County, Pennsylvania. subject to modifications as providec.l by law. I\. RE1'Rl.:"E~"^TION, The parties declare th.,t each has had a full and fair opportUnity to obtain legal advice of counsel of his or her selection: that Mother. Audrey Boyd, has been indepcn<Jently representec.l by counsel, Jeffrey C. Goss, of Law Offices of Craig A. Diehl. anc.l that ratber, Keith lloyd. has ht.<en informec.l ;md understanc.ls that he has a right to he represented by inc.lependent legal counsel and rather has been encouraged to obtain legal counsel. 3nc.1 has decidec.l not to do so. All parties I13VC been informed of tbe purpose of this Agreement and its leg:11 eOi:cts anc.l consequences, 12, ORDER m' TIIF. COURT. This Agreement is to be made pan of the Order of the Coun, IN WITNESS WHEREOr. the (Urties hereto set their hands to this Ag\'ffitlcnt on the date above mentioned, Witness: / ~(;" \....' -' (j];t~tt. ~~ IIHtl,'1 Dr:-</" Audrey 1l()~ . Mother *"~ ~~ Kwh "''rd. l~atheT IN TilE COURT OF COMMON PLEAS OF ClIMBERLANI) COUNTY, PENNSYLVANIA AUDREY BOYD, Plaintiff CIVIL ACTION - DIVORCE & CUSTODY \', NO: 97-4317 KEITH BOYD, Defendant VERIFICATION I,the undersigned, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, infonnation and belief. I understand that the statements herein are made subject to the penalties of 18 Pa,C.S. ~ 4904. relating to unsworn falsification to authorities. Date: J II fl.;;' ~~ &'id AU Y 8 D ~. lit' lAw Offices of CRAIG A. DIEHL _lAlNDLE IICW) ~ttU,"'J7011 (717)713-"'3 II'W. HAIlCHEA m&T SPRlIIG GAOIIE. ". 17382 (717J &1..' ,. ... . . t ': .,..- LAW omeu OF CRAIG A. DIEHl Mol TlItNDlE IIOAO llt. IWOIfR SlfIf:i:T CAlI> MIll. M 170H SI'MIOGACNt. M 173A (lU') nl).I'IIS (111')2Il;.1ll29 FAIl(7t1')~ L2 rr~ '-' "; ;.,.,.. ., ",-t (-._f ., " i' . 0 AUDREY BOYD, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA KEITH BOYD, Defendant/Petitioner To the Prothonotary: VS. NO. 97-4317 CIVIL TERM C-) c r., C= C) 'ct3 0 --s m- zrn rn CUSTODYr?- I ,rn 'mm °° a© < x a s ? o 00 PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow, Keith Boyd, Petitioner, to proceed in forma aU uperis. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. .-jWA- Je ica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 AUDREY BOYD, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent C:) T CUMBERLAND COUNTY, PENNSYLVMigA ° s-n - rC-) s n- -Orn vs. NO. 97-4317 CIVIL TERM :;0C) -+c? KEITH BOYD, ? -n Defendant/Petitioner CUSTODY ''- 00 PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Keith Boyd, by and through his counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Father, resides at 45 West Main Street - 2nd Floor, New Kingstown, Cumberland County, Pennsylvania 17072 and has a mailing address of P.O. Box 659, New Kingstown, Cumberland County, Pennsylvania 17072. 2. Respondent, hereinafter referred to as Mother, is believed to reside at 1065 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The above-named parties are the natural parents of Alex Boyd, born July 5, 1995. 4. A custody order was entered in this case on September 11, 1997, by The Honorable Kevin A. Hess. A subsequent Petition for Modification was filed by Mother in February 2002 but was withdrawn on March 19, 2002 without any further order entered. The September 1997 order, in pertinent part, gives the parties shared legal custody. Mother has primary physical custody and Father has partial physical custody every other Saturday from 9am-6pm and every Wednesday from 5:30pm- 8:30pm. (See Attached Exhibit A). 5. Mother has willfully disobeyed the current Order, and is not acting in Alex's best interests in ways including, but not limited to, the following: a. Mother has made unilateral decisions not to allow Father to exercise his periods of partial physical custody with Alex. b. Mother has refused to work cooperatively with Father during difficult times that Father faced to help ensure an ongoing father/son relationship with Alex. c. Mother has historically interfered with Father's ability to have consistent telephone contact with Alex during the times that Father was unable to exercise his periods of physical custody with Alex. d. Mother's behavior suggests an attempt to cause Father to become estranged from Alex and she is deliberately interfering with the father/son relationship Father had previously established with Alex. 6. Father is entitled to a modification of the current order, which is in Alex's best interest, for reasons including but not limited to the following: a. Father has sought to maintain a relationship with Alex, despite various situations that have negatively impacted his own life. b. Father has a safe and stable home environment in which to exercise periods of partial physical custody with Alex. c. Father is committed to re-establishing his father/son relationship with Alex and also wants to encourage the development of a relationship between Alex and his new half-sister, Linda Louise Boyd. 7. Counsel for Father has confirmed that Attorney Thomas Diehl no longer represents Mother and presumes that Mother would not concur with the relief requested in this petition. WHEREFORE, Father respectfully requests that this Court find the following: a. Respondent is in contempt of the September 11, 1997, Custody Order. b. This matter is scheduled for conciliation. c. Until the time of the conciliation conference, the parties shall share legal custody of Alex. d. Father's visits with Alex shall immediately be reinstated and Father shall have Alex one day each weekend from 9:00 a.m. until 6:00 p.m. The visit can take place on either Saturday or Sunday. Receiving party shall be responsible for providing transportation. e. The parties shall have reasonable contact via telephone and written correspondence with Alex when he is in the other parent's custody. f. Any other relief this Court finds just and proper. Respectfully submitted, Je ica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, KEITH BOYD, verifies that the statements made in the above Petition for contempt and modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ac, 6 . pr KEITH BOYD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUTI)REY BOYD PLAINTIFF, Civtt. AL-nON - DIVORCE & CUSTODY V. No. 97-4317 KEmt BovD DEFENDANT AGttEmIENT AS To Cys-roDl' THIS AGREEMENT is made this p +h day of September, 1997, by and between: AUDREY BOYD, hereinafter referred to as the 'Mother." and KEITH BOYD, hereinafter referred to as the "Father.' i WHEREAS, Plaintiff, Mother, filed a Divorce Complaint with a claim for Custody on August 14, 1997, and a Custody Conciliation Conference has been scheduled for September 11, 1997 at 9:00 a.m., WHEREAS, the parties are now separated and desire to settle and resolve the questions of custody of their minor child: and WHEREAS, the parties have given serious consideration to the future welfare of their minor child. Alex Boyd, age two (2), born July S, 1995, and hereby agree as follows: I. LF96L CiNMR, Legal custody of the mim)r child shall be shared by the panics. Shared legal custody means the right of both parents to share in the making of decisions of importance in the life of their child, inchuling educational, medical and religious decisions. Both parents shall he cntitked to equal access to the child's school, medical and dental records. 2. 1%'VyCA-L,Ct2"iM- Mother shall have primary physkal rustcAy of the child. 1 r L %1M:&L QX=jFather' :shall hire ptrtittl physical custody of trite chill as fWktws: (1) Every other Saturday from 9 a.m. to G p.m. commencing Saturday, September 13. 1997. (2) livery Wednesday from 5:30 p.m. to 8:30 p.m. commencing Wednesday, September 11, 1997. (3) o ida s. On holidays in which lather has rights to partial physical custody, the partial physical custody shall commence at 9 a.m. and end at 7 p.m. Father has rights to partial physical custody on holidays as follows: A. The panics shall alternate Christmas Eve and Christmas Day. The holidays of Easter Sunday and Thanksgiving Day shall also he alternated by the parties. B. Father's Day. Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the weekend schedule. C. Alex's Birthda,?. The parties shall alternate Alex's Birthday, commencing with Father having Alex in 1998. (4) Vacation. Father shall enjoy such vacation periods during the notmal preschool/daycare recess, including the week between Christmas and New Years as the Mother may agree. (5) Extra Time. Father shalt enjoy physical custody of the child at such other times as the Mother may agree. 4. NOTICE, In the event that Father is unable to exercise his right to partial physical custody at any one of the atoxesmid times, lather agrees to provide Mother with at least twenty- four (24) hours advance notice. 5. TaA*,,spt)gtAno% , Father shall be responsible for picking up the child at the home of the Mother when exercising his rights of partial physical custody. Mother shall he responsible for picking up the child at the home of the Father when exercising her rights of physical custody. b. SJAJ i:dJ With panics shall utilize child restraint seats and/or set belts when trargx)tting ttx• child by i itot vehicle. 7. Amf A%P pa :mit»t• Nu !r_ : Uich parent shall l cvp ttv cxhcr parent tx*tirwd as to, his car her a<kims and telepNX number at %hic:h he or she can be rrac:hed at all t irnw%. 8. I)EPENDF.NC Y TAX 1:xF.?tt•I'S()N. I-or such time as the chile!, Alex Boyd. remains in the physical custody of Mo(her, the Mother shall be able to claim any appropriate tax dependency exemption for their child. 9. POSITIVE REt.ATtONS1111% Both parents shall encourage the child to love and respect the other and shall not make, nor allow ethers to make, in the presence of the child. derogatory comments about the other parent. Further, each parent shalt encourage the child to have contact with the other parent, and shall make certain that the child is ready on time for the transfer of physical custody of the child from one parent to the other. 10. WAIVER. The parties hereby waive the requirement of Rule 19.15.7 requesting that they and their child be present before the Court to present this Agreement and further intend this Agreement to be entered as an Order of the Court of Common Pleas of Cumberland County, Pennsylvania, subject to modifications as provided by law. 11. REPRESF.NTATION. The parties declare that each has had a full and fair opportunity to obtain legal advice of counsel of his or her selection; that Mother, Audrey Boyd, has been independently represented by counsel. Jeffrey C. Goss, of Law Offices of Craig A. Diehl, and that Father, Keith Boyd, has been informed and understands that he has a right to be represented by independent legal counsel and Father has hen encouraged to obtain legal counsel, and has decided not to do so. All parties have been informed of the purpose of this Agreement and its legal effects and consequences. 12. OPMER OF 111E COURT, This Agreement is to be made part of the Order of the Court. IN WITNESS WII REOF, the panics hereto set their hands to this Agntmem on the date atx)ve mentioned. 3 Witness: Audrey N)ytf; Mothe Keith Bayd, I-alher COIMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On the 94" day of September. 1997, before me, the undersigned officer, personally appeared AUDREY BOYD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement as to Custody, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. r NOfAR1AL SEAL HELEN E. HASMUSSEN. Notary Pubic Cane HA Borough. Cumboewxl Canty My Commission Expwvs Aug 2. t999 L-IoTAIt unlc CO'MMON«'EALTH OF PENtiSVLVA_11A COUNTY OF CUMBERLAND SS On the day of September. 1997, before me, the undersigned officer, personalty appeared KEITH BOYD. known to me (or satisfactotily proven) to be the person whose name is subscribed to the within Agreement as to Custtxly, and ackrnMedged that he executed the sane for the purposes therein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. NO f AMAL SE HELEN E PASWSSf N. t/orty RA?Me Cash Ni tk"Aph. CUP"W tnd CAL* V tth t:`oewus"Is tap-0 &%*9 2. IM NOTARY' tI11.1c 4 AUDREY BOYD, Plaintiff (Respondent KEITH BOYD, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 97-4317 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Keith Boyd, hereby certify that I have served a copy of the forgoing Petition for Contempt and Modification by: USPS First Class Mail: Audrey Boyd 1065 West Trindle Road Mechanicsburg, PA 17055 Date: L2 y - /D Jesflca Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 AUDREY BOYD IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY n PLAINTIFF , e, C'J R-7 `it V a c-3 rn- ?r . 1997-4317 CIVIL ACTION LAW ?,?f? -urn o s KEITH BOYD C7 t ?? _j IN CUSTODY" C r1a o DEFENDAN „ T D u t ?' ORDER OF COURT AND NOW, Friday, December 10, 2010 , upon consideration of the attached Compla int, 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 Friday, January 21, 2011 _ at 8:30 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. Gilro Es . 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. 0--lo-ld U9( Cumberland County Bar Association 32 South Bedford Street ' Carlisle, Pennsylvania 17013 P G. Telephone (717) 249-3166 r AUDREY BOYD, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW C:) 4317 - C)J `-- rl KEITH BOYD, NO. 1997- ?? rn ..o Defendant IN CUSTODY T 0 ?,) ?y cn ° c r cj -a 3-n COURT ORDERo,. p ?_ p NOW, this 2S? day of January, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Order of Court entered September 11, 1997, is modified as follows: 1. Father shall exercise custody with the minor child on a once-a-week basis with the time being generally the Father and Son getting together for lunch or dinner. Father and Son may communicate on Face Book or otherwise to set up the time when they shall meet subject to both the Father and Son's respective work, school, and related matters schedules. 2. Legal counsel for the parties shall conduct a telephone conference with the custody Conciliator on Tuesday, March 1, 2011, at 8:00 a.m. At that time, the parties shall again discuss how they want to proceed with respect to Father obtaining additional periods of visitation. BY THE COURT, W4 41:? Hess, Judge cc: Linda A. Clotfelter, Esquire 'IeJJessica Holst, Esquire (?P'es' a5'D K5 4 AUDREY BOYD, Plaintiff VS. KEITH BOYD, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 1997-4317 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alex Boyd, born July 5, 1995 2. A Conciliation Conference was held on January 21, 2011, with the following individuals in attendance: the mother, Audrey Boyd, with her counsel, Linda A. Clotfelter, and the father, Keith Boyd, with his counsel, Jessica Hoist, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: January 9 2011 Hubert X. Gila-4 Custody Conciliator s AUDREY BOYD, Plaintiff vs. KEITH BOYD, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-) CIVIL ACTION - LAW = -v 3 °- -- . NO. 1997-4317 IN CUSTODY cv COURT ORDER M-*f rnr- - 4c:) CD-n C)C") -tom' 4 r AND NOW, this Aff day of April, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of court dated September 11, 1997, as modified by order of January 25, 2011, shall remain in effect. 2. Should either party desire to modify the existing order, that party may petition the court to have the case again scheduled with the custody conciliator for a conference. BY THE COURT, Hess, Judge cc: ? Linda A. Clotfelter, Esquire o leg Jessica Holst, Esquire ?s '??l al ,AK6 AUDREY BOYD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW KEITH BOYD, NO. 1997-4317 Defendant IN CUSTODY Prior Judge: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The conciliator conducted a telephone conference with legal counsel for the parties on April 14, 2011. The parties agree to the entry of an order in the form as attached. Date: April 2011 be . Gilroy, Esquire Custody Conciliator