HomeMy WebLinkAbout98-04389
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NE IL BOYD
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. () f. cf,3 J? C~~€-r,~,...-
JILL H. BOYD
Defendant
CIVIL ACTION
ATTORNEY I.D. # 19477
COUNT ONE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. Plaintiff is NEIL BOYD, an adult individual who
currently resides at 205 N. 25th St., Camp Hill, Cumberland
County, PA 17011.
2. Defendant is JILL H. BOYD, an adult individual who
currently resides at 1437 Apple Circle, #189, Mechanicsburg,
Cumberland County, PA 17055.
3. Plaintiff and Defendant have been bona fide residents of
the Commonwealth of Pennsylvania for a period of more than six
(6) months immediately preceding the filing of this Complaint.
4. The plaintiff and defendant were married on July 6, 1985
in Wil1iamsport, PA and separated on May 7, 1998.
5. Neither Plaintiff nor Defendant is in the military or
naval service of the United States or its allies within the
provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its Amendments.
6. There have been no prior actions for divorce or
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 your Honorable Court to
enter a decree in divorce, divorcing plaintiff and defendant.
COUNT TWO-CUSTODY
9. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
10. Plaintiff seeks shared legal custody ane primary
physical custody of the following child(ren) :
Name
Present Address
205 N. 25th St.
Camp Hill, PA
Anna K. Boyd 205 N. 25th St. 7/12/94
Camp Hill, PA
The children were not born out of wedlock.
The children are presently residing with the plaintiff
at 205 N. 25th St., Camp Hill, Pa.
During the past five years the children resided with
the following person(s) and at the following address (es) :
Person(s) Address (es) Date(s)
Mother & Father 225 S. 17th St. 1993-January, 1996
Camp Hill, PA
Mother & Father 205 N. 25th St. 1/96-5/7/98
Camp Hill, PA
D.O.B
7/18/91
Matthew H. Boyd
Father
205 N. 25th St.
Camp Hill, PA
11. Plaintiff has not participated in any
concerning the custody of said children in this
5/7/98-present
other litigation
or any other
state.
12. Plaintiff has no information of any custody proceeding
concerning the children pending in this or any other state.
13. Plaintiff does not know of any person not a party to
the proceedings who has physical custody of the children or
claims to have custody or visitation rights with respect to the
children.
14. The best interests and permanent welfare of the
children will be served by granting the plaintiff and defendant
shared legal custody with primary physical custody of the
children being with the plaintiff/father and partial custody to
the defendant/mother because:
(a) The best interest and permanent welfare of the
children is of paramount importance to both the defendant and
plaintiff.
(b) The children have resided with your plaintiff and.
he will continue to provide a stable home and family life for
said children.
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NEIL BOYD, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
vs. NO. 98-4389 CIVIL TERM
.
.
JILL H. BOYD, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
advised by Defendant/Petitioner's counsel that all custody issues have been
AND NOW, this 25th day of November, 1998, the Conciliator, being
this case.
resolved by agreement of the parties, hereby relinquishes jurisdiction in
FOR THE COURT,
OaL~L,
Dawn S. Sunday, Esquire
Custody Conciliator
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4, The parties agree that the schedule for the
weekends commencing January I, 1999, shall be as agreed upon
between parties.
5, As of the date of this stipulation, Mother shall
have physical custody of the children for one (1) overnight visit
each week as agreed between the parties, Mother is responsible
for taking the children to school the morning following the
overnight visit, Mother shall also enjoy an additional afternoon
and evening visit with the children each week as agreed between
the parties. The parties confirm that the aforementioned
weekday time with Mother is the minimum amount of weekday time
the Mother shall enjoy and it is anticipated that the parties
will be flexible and cooperative in allowing additional time when
and if requested by the parties, allowing the children to have
frequent and continuing contact with each parent.
6, Custody of the children on hOlidays/birthdays,
etc. shall be as follows:
(a) Mother shall have custody of the children each
Mother's Day and Father shall have custody of the children each
Father's Day.
(b) The child's birthday
parent who has custody of the child
regular schedule.
shall be celebrated with
on that given day as per
the
the
(c) Other holidays during the year shall be shared,
alternated, or split as per an agreement of the parties since it
is anticipated that as the children grow older, the parties will
be flexible and cooperative in allowing input from the children
in arriving at schedules mutually agreeable to all parties.
(d) It is conceivable that the children will be,
spending a holiday with Mother or Father on a weekend that had
been previously designated as the weekend of the other party, It
will be the responsibility of the parties themselves to adjust
the basic weekend schedule in order to compensate the other party
for the time lost and always keeping in mind the best interest of
the children.
..
7. Both Mother and Father shall have two (2) non-
consecutive vacations weeks with the children each year. lJoth
parties agree that they will aive at least thirty (30) days
notice to the other party of the desired times in this regard.
8, Transportation for the periods of custody shall be
shared by Mother and Father.
9, In all instances, with the exception of the child's
birthday, the specific holiday and vacation custody shall take
precedence over the regular routine week-to,week custody
schedule.
10. The parties further agree that when the children
are in their custody and there is a need for the services of a
babysitter (whether family or otherwise) for a period of time in
excess of two (2) hours, the non-custodial parent will be
contacted and will have the "right of first refusal" in caring
for the children before engaging the services of a babysitter,
11. It is the desire of the parties to minimize any
disruption and to provide stability for the children at this time
and the agreements reached herein as to the custody/visitation
with the children are based on the premise that the children will
remain in the Camp Hill School District during this school year,
In the event that sometime in the future one or both of the
parents chooses to leave the Camp Hill School District with the
intention of establishing a residence elsewhere, either party may
request that this custody matter be brought before the Court for
modification at that time,
12, Both parents shall permit reasonable telephone
access to the children when the children are in his/her custody,
13, Both parents shall encourage the children to love
and respect the other and shall not state, nor allow others to
state, in the presence of the children, derogatory comments about
the other parent. Both shall encourage the children to have
significant contact with the other parent, and shall make certain
that the children are ready on time for the transfer of physical
custody from one parent to the other.
,
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1~-/.iJ!7 ~~
CIVIL ACTION - 01 VLl~U;;::..
ATTORNEY I,D, # 19477
NEIL BOYD
plaintiff
JILL H. BOYD
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,
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 at the Cumberland County CourthOUse,
South Hanover and High Streets, Carlisle, PA 17013,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL
PROPERTY. COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF
DIVORCE OR ANNULMENT IS ENTERED, 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,
Name:
Cumberland county Bar Association
Address: 2 Liberty Avenue
Carlisle, PA 17013
TO THE PROTHONOTARY: The Petitioner seeks to assert claims in
connection with this Divorce Action as follows: Child Custody,
Telephone:
(717) 249-3166
TRUE OOPY FROM REOOfID
In T estIloony wher9of. I hef8 untxl SDl my hanl1
~ of said at 1~
"
NEIL BOYD
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No,
JILL H. BOYD
Defendant
CIVIL ACTION
ATTORNEY I,D. # 19477
COUNT ONE
COMPLAINT IN DIVORCE UNDER SECTION 330l(c)
OF THE DIVORCE CODE
1. Plaintiff is NEIL BOYD, an adult individual who
currently resides at 205 N. 25th St., Camp Hill, Cumberland
County, PA 17011,
2. Defendant is JILL H, BOYD, an adult individual who
currently resides at 1437 Apple Circle,. #189, Mechanicsburg,
CUmberland County, PA 17055.
3, Plaintiff and Defendant have been bona fide residents of
the Commonwealth of Pennsylvania for a period of more than six
(6) months immediately preceding the filing of this Complaint,
4, The plaintiff and defendant were married on July 6, 1985
in Williamsport, PA and separated on May 7, 1998.
5, Neither Plaintiff nor Defendant is in the military or
naval service of the United States or its allies within the
provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its Amendments,
6, There have been no prior actions for divorce or
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 your Honorable Court to
enter a decree in divorce, divorcing plaintiff and defendant,
COUNT TWO-CUSTODY
9, The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
10. Plaintiff seeks shared
physical custody of the following
legal custody
child (ren) :
ane primary
Present Address
205 N. 25th St.
Camp Hill, PA
Anna K, Boyd 205 N. 25th St. 7/12/94
Camp Hill, PA
The children were not born out of wedlock,
The children are presently residing with the plaintiff
at 205 N. 25th St., Camp Hill, Pa,
During the past five years the children resided with
. the following person(s) and at the following address (es) :
Person(s) Address (es) Date(s)
Mother & Father 225 S, 17th St. 1993-January, 1996
Camp Hill, FA
Mother & Father 205 N, 25th St, 1/96-5/7/98
Camp Hill, PA
Name
D.O.B
7/18/91
Matthew H. Boyd
Father
5/7 /98-present
205 N, 25th St,
Camp Hill, PA
11, Plaintiff has not participated in any
concerning the custody of said children in this
state,
other litigation
or any other
12, Plaintiff has no information of any custody proceeding
concerning the children pending in this or any other state.
13. Plaintiff does not know of any person not a party to
the proceedings who has physical custody of the children or
claims to have custody or visitation rights with respect to the
children.
14, The best interests and permanent welfare of the
children will be served by granting the plaintiff and defendan
shared legal custody with primary physica~ custody of the
children being with the plaintiff/father and partial custody to
the defendant/m9~her because:
(a) The best interest and permanent welfare of the
children is of paramount importance to both the defendant and
plaintiff.
(b) The children have resided with your plaintiff
he will continue to provide a stable home and family life for
said children,
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NEIL IJOYD, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
VS. : NO. 98-4389 CIVIL TERM
JILL H. BOYD, : CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF CCXlRT
AND M:M, this / /-(1,
consideration of the attached
and directed as follows:
day of . J 7. I'll I-I" It (././
Custody Conciliation Report,
, 1999, upon
it is ordered
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1. A Hearing is scheduled in Court Boom No. , of the
Cumberland County Court House, on the /3'//; day of C d-J/.{Idl"
2000, at 9; .30 O'clock, ~.m., at which time testimony' will be ken.
For purposes of this Hearing, the Mother, Jill H. Boyd, shall be deemed to
be the moving party and shall proceed initially with testimony. Counsel
for the parties shall file with the Court and oPPOsing counsel a Memorandum
setting forth each party's position on custody, a list of witnesses who are
expected to testify at the Hearing and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least 10 days
prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the
prior Order of this Court dated December 4, 1998 shall continue in effect.
BY THE COURT,
4;i
Hess,
J.
cc: Craig Boyd, Esquire - Counsel for Father
Melissa Peel Greevy, Esquire - Counsel for Mother
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. .
alimony, alimony pendente lite, and in general, any and all other claims and possiblc claims by
one against the othcr or against their respcctive cstates; and
NOW THEREFORE, in consideration oflhe covcnants and promiscs hereinafter 10 bc
kcpt und performcd by caeh purty und for olhcr good and valuable consideration, the parties,
intending to be legally bound hereby, the parties do hereby agree as lollows:
1. ADVICE OF COUNSEL.
The provisions of this agreement and their legal effect have been fully explained to Ihe
parties by their respective counsel. WIFE is represented by Melissa Peel Greevy, Esquire.
HUSBAND is represented by Craig S. Boyd, Esquire.
The parties further declare that each is executing the Agreement freely ancl voluntarily
having either obtained sufficient knowledge and disclosure of their respective legal rights and
obligations or, if counsel has not been consulted, expressly waiving the right 10 obtain such
knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not
the result of any fraud, coercion, duress, undue influence 01' collusion,
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that they shall
secure a mutual consent no fault divorce pursuant to S 3301 (c) of the Divorce Code. The parties
agree to execute Affidavits of Consent for divorce and Waiver of Notice oflntention to Request
Entry of a Divorce Decree concurrently with the execution of this Agreement.
This Agreement shall remain in full force and effect after such time as a final decree in
divorce may be entered with respect to the parties. The parties agree that the terms of this
agreement shall be incorporated into any Divorce Decree which may be entered with respect to
Page 2 of 13
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them and specifically referenced in the Divorce Decree. This Agrecment shall not merge with
the divorce decree, but shall continue to have independent contractual signilicancc,
3. DATE OF EXECUTION.
Thc "datc of exccution" or "execution date" of this Agreemcnt shall be delined as the
date upon which it is cxecuted by the parties if they have each executed the Agreel11L'l1t ol1lhe
same dale, Otherwise, the "date of execution" or "execution date" of this Agrccmcnt shall bc
dcfined as the date of execution by thc last party executing this Agrcement.
4. MUTUAL RELEASES.
Each party absolutely and unconditionally releases the other and the estate of the other
from any and all rights and obligations which cither may have for past, prescnt, or future
obligations, arising out of the marital relationship or otherwise, inr;luding all rights and benelits
under the Pennsylvania Divorce Code of 1980, and amendments excepts as described herein.
Each party absolutely and unconditionally releases the other and his or her heirs,
executors and estate from any claims arising by virtue of the marital relationship of the parties,
The above release shall be effective whcther such claims arise by way of widow's or widower's
rights, family exemption, or under the intestate laws, or the right to take against the spouse's will,
or the right to treat a life time conveyance by the other as testamentary, or all other rights of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of
Pennsylvania, any state, Commonwealth, or territory of the United States or any other country.
Except for any cause of action for divorce which either party may have or claim to have,
each party gives to the other by the execution of this Agreement an absolute and unconditional
release from all claims whatsoever, in law or in equity which either party now has against the
Page 3 of 13
. '
other.
5, FINANCIAL D1SCLOSlIln:.
Thc partics represent and warrant that thc disclosures eacll have made an: truthful.
accurate and complcte. The parties confirm that cach has relicd onthc accuracy of the linancial
disclosure of thc othcr as an inducement to the exccution of this Agrcemcnt. Each party
understands thai he/she had the right 10 obtajn Ji"llI11lhe olher party a l'oJ1lplelc illl'L'nlllry 01' lisl oj'
all property that either 01' both parties owned at the time of separation or currently and that each
party had the right to have all such property valucd by means of appruisals or otherwise. 130th
parties understand that they have a right to have a court hold hearings and make dccisions on thc
matters covered by this Agreement. Both parties hereby acknowledgc that this Agreement is lidr
and equitable, and the terms adequately provide for his or her interests, and that this Agreement
is not the result of fraud, duress, or undue influence exercised by either party upon the other or by
any person or persons upon either party.
6. SEP ARA nON-INTERFERENCE,
WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They
shall be free from any interference, direct or indirect, by the other in all respects as if fully as if
they were unmarried. Each may, for his or her separate use or benefit, conduct carryon and
engage in any business, occupation, profession or employment which to him or her may seem
advisable, WIFE and HUSBAND shall not harass, disturb or malign each other or the respective
families of each other.
7. REAL PROPERTY.
The parties were joint owners of rea! property located at 205 North 25th Street, Camp
Page 4 of 13
Hill, Cumbcr/und County, Pcnnsylvania. Tlw p.lrtics havc sold the homc and thc procccds of
$3040.06 shall bc dividcd as follows:
(a) $700.00 shall bc used 10 apply to joint dcbt on thc Citibank Maslt:rcard account.
(b) HUSBAND shall rcceive $1170,03, and
(c) WIFE shall rcccivc $ 1170,03.
8. DEnTS.
HUSBAND rcprcscnts and warrants to WIFE thut sincc the filing 01' the Divorce he hus
not and inthc futurc will not, contract or incur any dcbt or liubility for which WIFE or her estate
might be responsiblc, and hc shall indcmnify and save WIFE harmlcss Ii'om any and all claims
and demands made against hcr by rcason of such debts or obligations incurrcd by him since the
date of said filing, cxccpt as othcrwisc set forth hercin.
WIFE represcnts and warrants to HUSBAND that since the filing ofthc Di\'oree she has
not and in the futurc will not, contract or incur any debt or liability for which HUSBA!\'D or his
estate might be responsible, and shc shall indemnity and save HUSBAND harmlcss from any and
all claims and demands made against him by reason of such debts or obligations incurred by her
since the date of said filing, except as otherwise set forth herein.
The following marital debts shall be divided as follows:
(a) HUSBAND shall assume the NY Life Insurance Loan dcbt in the approximate
amount 01'$ 4600, and $3000,00 debt to HUSBAND'S parents, Clarence and Ellen Boyd,
HUSBAND shall indemnify and save WIFE harmless from any and all claims and demands
made against him by reason of such debts or obligations.
(b) WIFE shall assume the remaining balance of the Citibank MasterCard and
Page 5 of 13
,,-
$3000,00 in dcbt owcd to HUSBAND'S parcnts, Clarcncc and Ellcn Boyd,
9. RETllmMENT BENEFITS ANI> LIFE INSURANCE,
(a) HUSBAND is thc owncr ofthc Pcnnsylvania Statc Employmcnt RClircmcnt
Systcm which hc represcnts as having a valuc of approximately $8203,97 as of ivlay 7, 1998.
I-IUSI3AND hercby assigns to WIFE, $4000.00 of his existing rctircmcnt assets in said
account. Thc parties agrec that thc transfcr to WIFE shall bc madc pursuant to a Qualilicd
Domcstic Relations Order (as that term is dclincd by the Intcrnal Rcvcnue Codc and ERISA.
hcrcinafter, "QDRO", the form ofthc order to be set forth in a stipulation which shall bc entcrcd
by stipulation within ninety (90) days of the exccution of this Agrccment, and thc partics shall
cooperating in effectuating the transfer of the funds within sixty (60) days of the entry ofthc
QDRO. HUSBAND shall bcar all cxpense to the preparation of the QDRO which will bc
nccessary in order to transfer the accounts into a lax-deferred pension type account.
(b) HUSBAND will retain his policy of life insurance issued by New York Life
Insurance Co. In the amount of $25,000.00 and WIFE hereby grants, bargains, and sells same to
HUSBAND and agrees it shall hereafter be the sole property of HUSBAND,
(c) WIFE will retain his policy of life insurance issued by Aetna Life Insurance Co,
In the amount 01'$25,000.00 and HUSBAND hereby grants, bargains, and sells same to WIFE
and agrees it shall hereafter be the sole property of WIFE.
10. CHILD SUPPORT,
(a) HUSBAND agrees he shall pay $250.00 to CACCC, the children's present day
care provider, on or before December 3 I, 1999, HUSBAND further agrees that this paymcnt
shall be in addition to any payment made by wage attachment in his December, 1999 pay which
Page 6 of 13
is anticiputcd to occur on 01' about Dcccmbcr 30. 1999.
(b) Thc partics covcnant and agrcc that day carc cxpcnscs shall bc p,dd pro rala, Llascd
on thc partics incomc rcprcscntcd to thc Domcstic Relations Scction thc pro rata sharc of
HUSBAND is 55% and of WIFE is 45%. Day carc expcnses shall bc paid dircctly to thc day c,lrl'
providcr. Thc panics agrec that thcy shall sharc vacation-crcdit days pro rala. Thc partics agrcl'
that ifthc childrcn arc not in daycarc for additional vacation 01' sick days but therc an: day carl'
fecs incurrcd in order to maintain thcir childlrcn's cnrollmcntthatthesc fecs shall bc sharcd pro
rata. "Day carc" is contcmplated by thc partics to include summcr day camp. ancr school and
summcr day care programs.
(c) Unrcimbursedmedical cxpcnscs, lI'ith no "deductiblc" amount, shall bc bornc by thc
panies pro rata, HUSBAND shall pay 55%, WIFE shall pay 45%.
(d) So long as HUSBAND fulfills his obligations under this agreement, the partics agrce
he shall not be wage attached and may makc payments directly to the provider. It~ hOll'cI'er,
HUSBAND does not fulfill his obligations undcr this Agreement, the parties agree and
understand that WIFE may file a Complaint with Domestic Relations Section for child support to
be paid in accord with the then existing Pennsylvania Support Guidelines, seek to enforce this
Agreement through an action at Law, 01' both. HUSBAND further understands and agrees that
WIFE will then have the option to seek wage attachment through Domestic Relations. The
parties agree that the child support agreement herein is modifiable in accord with the
Pennsylvania Support Guidelines,
II. LIOUID MARITAL ASSETS,
Each party shall retain all funds presently held in any savings or checking accounts noli'
Page 7 of 13
titlcd in his or hcr individual namc frcc Irom any claims of thc othcr to thc accounts and all
procccds thcrcof. Thc partics agrcc that thcrc is no joint chccking, savings. crcdit union
accounts. savings bonds, or ccrtificatcs of dcposit not mcntioncd hcrein.
12, lliC.OJ"1F: TAX DEI'ENI>ENCY DEIHICTIONS.
As long as HUSI3AND rcmains currcnt on his rcquircd child support paymcnts as
dcscribcd in Paragmph 10 of this agrccmcnt, thc partics agrcc to dividc thc dcpcndcncy
dcductions, child carc tax crcdits, and child tax crcdits as follows:
WIFE will rctain the dcduction for Anna, HUSI3AND will rcceive thc dcduction for
Matthcw. The parties agree to executc the Intcrnal Rcvcnue Service form 8332 or any othcr
declaration required by the Treasury Department or the Internal Rcvenue Service to implcmcnt
this Agreement and agrees to provide such declaration to each other in a timely tllshion,
13. AUTOMOIHLES.
WIFE will receive the 1995 Honda Odyssey, HUSBAND will receivc the 1992 Honda
Accord EX, The parties agree to maintain their vehicles and shall be solcly responsible for all
payments, maintenance, insurance and other costs or fees related to their respective vehicles.
Each party agrees to indemnify and hold the other harmless for any and all liability related to
their respective vehicles, and to execute any and all necessary documents to effect the transfer of
the title of each vehicle as agreed above.
14. HOUSEHOLD GOODS AND PERSONAL PROPERTY,
The parties agree that they have distributed and are currently in possession of the
household goods and personal property which has been divided between them in a satisfactory
and equitable manner.
Page 8 of 13
15. ALIMONY.
Upon the execution of this Agreement, the parties hereby expressly waive, release.
discharge and give up any and all rights or claims which cither may now or Ill:reat'ler hal'e lill'
any and all alimony. alimony pendente lite, maintenance or spousal support, The parties rurtllL'r
release any rights that they lllay have to seck moditication orthe terms of this Agreement in a
court of law or equity, with the understanding that this Agreement constitutes a tinal
determination for all time of either party's obligations to contribute to the support or maintenance
orthc other.
16. COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to carry through
the terms of the Agreement, including but notlimitcd to the signing or documents. The parties
will promptly sign Aftidavits of Consent, Aftidavits Waiving Marriage Counseling, and Waivers
of Notice of Intent to Request Entry of A Divorce Decree,
17. BANKRUPTCY OR REORGANIZATION PROCEEDINGS,
In the event that either party becomes a debtor in any bankruptcy or tinancial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the bene tit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under Federal or State law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees
and costs incurred in the enforcement of this paragraph or any other provisions of this
Agreement. No obligation created by this Agreement shall be discharged or dischargeable,
Page 9 of 13
rcgardbs ofFcdcral or Statc law to thc contrary, and cach pany waives any and all right to assct
that obligation hcrcundcr is dischargcd or dischargcablc.
Thc partics Illutually agrcc that inthc cvcnt ofballkruplcy or financial rcorganization
procccdings by eithcr pany in thc futurc, any monics to bc paid to thc olhcr pany, or to a third
party. pursuant to thc terms Oflhis Agrccmcnt shall constitutc suppon and mainlcnance and shall
nOl be discharged in bankruptcy.
18. ATTORNEY FEES. COURT COSTS,
Each party hereby agrees to be solely responsible for his or her own counsel fecs. costs
and expenses, Neither shall seck contribution thereto from the other party except as otherwise
expressly provided herein,
19, ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provisions of this Agreement and the olher
party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all
reasonable attorneys' fees, court costs and expenses (including interest and travel costs. if
applicable) which are actually incurred by the other party in enforcing the Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific
Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation
of an)' and all costs, expenses and reasonable counsel fees incurred by the nonbreaching pal'll' in
protecting and enforcing his or her rights under this Agreement.
20, WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a) The right to obtain an inventory and the appraisement of all marital and
Page 10 of 13
'~.
IN WITNESS WHEREOF, lhe parties hereto have set lheir hands and seals or Ihe day
lirst written above.
This Agrccmcnt is cxcculcd in dupliclIle and in counter pans. WIFE and IIUSI3t\~D
acknowlcdge lhc rcccipt of a duly cxccutcd copy hcrcof.
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Page 12 of 13
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shall coml1lcnce aftcr school and shall cnd whcn thc childrcn arc takcnto schoolthc j{)llowing
morning. Mothcr shall have Wednesday and Father shall have Tucsday. The panics anticipate
that the mid wcek ovcr night may change in accord with the parcnt's work/school schcdules.
5, Custody of thc childrcn on holidays / birthdays shall be' as follows:
(a) Mother shall have Mother's Day, Father shall havc Father's Day,
(b) Thc parent having custody on ehildrcn's birthdays shall hal'c thc childrcn/,)r lhill
birthday,
(c) Other holidays, including "trick or treat night, shall be shared, alternated 01' split
as per an agreement of the parties because it is anticipated that as the children grow older the
parties will be flexible and cooperative in allowing in put fl'Omthe children in arriving at
schedules agreeable to all parties.
(d) The parties contemplate that the children will be spending a holiday with tvlother
01' Father on a week that had been designated as the week of another party, It will be the
responsibility of the parties to adjust the basic weekly schedule to compensate the other party for
the time lost and always keeping in mind the best interest of the children.
6. Both Mother and Father shall have two (2) non, consecutive vacation weeks with
the children each year. Both parties agree that they will give at least thirty (30) days notice to the
other party of the desired times in this regard.
7. Transportation for the periods of custody shall be shared by the partics with each
parent being responsible for taking the childre,n to school during their custodial periods.
8. In all instances, with the exception of the child's birthday, the specific holiday and
vacation custody shall take precedence over the regular l'Outine week-to-week custody schedule,
9. The parties further agree that when the children are in their custody and there is a
nccd 1'01' thc scrviccs 1'01' a bubysittcr, whcthcr Iiunily 01' othcrwisc. I()r u pcriod of limc in cxccss
of two (2) hours, thc non-eustodiul purcnt will hc contactcd and will have thc "Iirst right of
rclilsal" in caring 1'01' thc ehildrcn bclorc cngaging thc scrviccs of a babysittcr.
10. It is the desirc ofthc purtics to minimizc any disruption and to providc stubility I()!'
thc childrcn at this time and thc agrccmcnts rcuchcd hcrcin as to thc custody with thc childrcn arc
bascd on the premise that the childrcn will rcmain in the Camp f fill School District and thm the
parties continue to enjoy sharcd custody ofthcir childrcn, Thc partics undcrstand and agrcc thut
in order for the parcnts to have sharcd custody that they will rcside within Ii l'teen (15) milcs of
the children's school district. In the event that sometime in thc futurc rather chooscs to Ieuvc thc
Camp Hill School District with the intention of cstablishing a rcsidencc elsewherc. abscnt
ugrcement of the parties, Father will not muke such move without pctition und Icuvc of court.
The parties further agrce that if there are disputes regarding custody which they arc not able to
resolve, that they will first attempt resolution through mediation, prior to u pctition bcfore thc
court.
11. The parties agree that Cumberland County Court of Common Pleus shall retuin
continuing jurisdiction of this matter,
12. Both parents shall permit reasonable telephone uccess to the children when the
children are in his/her custody.
13. Both fJ',i'~nts shall encourage the children to live und respect the other and shall
not state, nor allow others to state, in the presence of the children, derogatory comments about
the other parent. Both shall encourage the children to have signi licant contact with thc other
parent, and shall made certain that the children are ready on time for the transfer of physical
custody from one parent or the other.
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7. Thc Allcmatc Paycc's sharc ofthc Mcmbcr's rctircmcnt bcncfit is $4.000.00 plus
intcrcst at thc statutory mtc compoundcd anlllwlly /i'om Dcccmbcr 20, 1999 until thc cffcctivc
datc of Mcmbcr's rctircmcnt.
8, Mcmbcr's retirement benefit is defincd as allmonics p;lid to 01' on bchalfofMcmbcr
by SERS, including any lump sumll'ithdrall'als 01' schcdulcd 01' ad hoc incrcascs, but c.~cluding
thc disability portion of any disability annuitics paid to Mcmber by SERS or any dcfcrrcd
compcnsation bcnc/its paid to Mcmbcr by SERS. Thc cquitable distribution portion ofthc
marital propcrty componcnt of Mcmbcr's rctircmcnt benc/it, as sct forth in Pamgmph Scvcn (7),
shall bc payablc to Altcrnatc Paycc and shall commcncc as soon as administrativcly fcasiblc on
or about thc datc the Mcmbcr actually cnters p.1Y status and SERS appro','cs a Domestic
Relations Order incorporating this Stipulation and Agrccmcnt, whichcvcr is latcr.
9, Mcmber hcrcby nominates Altcrnatc Paycc as an in'cvocablc bcncficiary to thc extcnt
of Altcrnate Payce's equitable distribution portion of Mcmbcr's retircmcnt bcnefit for any death
benefits payable by SERS. This nomination shall bccomc cffcctivc upon approval by the
Sccrctary ofthc Rctircment Board, or his authorizcd rcprcsentativc, of any Domcstic Relations
Order incorporating this Stipulation and Agreemcnt. The balancc of any dcath benefit remaining
after the allocation of Altemate Payec's equitable distribution portion ("Balance") shall be paid
to the beneficiaries named by Member on the last Nomination ofBcncficiaries Fonn filed with
the Retirement Board prior to Member's dcath.
a. [f thc last Nomination of Beneficiaries Form filed by Member prior to
Member's death (a) prcdatcs any approved Domestic Relations Order incorporating this
Stipulation and Agrcement, and (b) names Altemate Payee as beneficiary, then: (I) the tenns of
the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit,
and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Fonn filed
with the Retirement Board prior to Member's death, Altcmate Payee shall be treated as if
Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate
Payee's estate.
b. In addition, Member shall execute and deliver to Alternate Payee an
authorization, in a fom1 acceptable to SERS, which will authorize SERS to release to Alternate
Payee the relevant infornlation conceming Member's retirement account. Altemate Payee shall
, &.
deliver the authorization to SERS, which will allow the Alternate Payee 10 check that she has
been and continues to be properly nominated under this paragrnph.
10. The Member and Alternate Payee expressly agree that, at the time that the Member
/iles a retirement application with SERS, the Member shall select:
Option 4. - A lump sum distribution in the amount greater than or equal to the total value
of Alternate Payee's portion (as set forth in Paragraph 7 of this Stipulation) of the total
accumulated deductions standing to the credit of Member, as set forth in 71 Pa, C.S.~
5705(a)(4)(iii), 01' any succeeding statute.
The Alternate Payee shall be paid her equitable distribution portion Ollt of the Olltion 4 lumn sum
distribution. Member may select any monthly annuity option offered by SERS under the
Retirement Code provided that Altemate Payee is paid her equitable distribution portion out of
the Option 4 lump sum distribution, No portion of the monthly annuity is to be paid to the
Alternate Payee.
II. Altemate Payee may not exercise any right, privilege or option offered by SERS.
SERS shall issue individual tax fonns to Member and Altemate Payee for amounts paid to each,
12. In the event of the death of Alternate Payee prior to receipt of all of her payments
payable to he from SERS under this Order, any death benefit or retirement benefit payable to
Alternate Payee by SERS shall:
a. Be paid to Altemate Payee's Estate to the extent of Alternate Payee's equitable
distribution portion of Member's retirement benefit as set forth in Paragraphs Seven through
Nine.
13. In no event shal! Alternate Payee have greater benefits 01' rights other than those
which are available to Member. Altemate Payee is not entitled to any benefit not otherwise
provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS
as provided in this Order. All other rights, privileges and options offered by SERS not granted to
Altemate Payee by this Order are preserved for Member.
14. It is specifically intended and agreed by the parties hereto that this Order:
a, Does not require SERS to provide any type of benefit, or any option, not
otherwise provided under the Retirement Code;
JILL H. BOYD
Defendant
. IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY,
. PENNSYLVANIA
.
. NO. 98-4389
.
. CIVIL ACTION. LAW
. IN CUSTODY
NEIL BOYD,
Plaintiff
V5.
ORDER OF COURT
AND NOW, this day of ' 2002, upon consideration of the
attached complaint it is hereby directed that the parties and their respective counsel appear
before ' Esquire, the Conciliator, at
Pennsylvania, on the day of ' 2002, at
o'clock, _.m., for a Pre-Hearing 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 a temporary order. Either party may bring the child who
is the subject of this custody action to the conference, but the children's attendance is not
mandatory. Failure to appear at the conference may provide grounds for entry of a temporary
or permanent order,
FOR THE COURT:
By
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
1 COURTHOUSE SQUARE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
.... ....
NEIL BOYD, . IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY,
. PENNSYLVANIA
.
V5. . NO. 98-4389
.
JILL H. BOYD . CIVIL ACTION - LAW
Defendant . IN CUSTODY
PETITION TO MODIFY ORDER OF CUSTODY
AND NOW, Plaintiff, by and through his attorney Heather L. Harbaugh, Esquire, files
a Petition to Modify Order of Custody, and in support thereof, avers the following:
1, Plaintiff is Neil Boyd, Father, who currently resides at 135 N. 21st Street,
Camp Hill, Cumberland County, Pennsylvania.
2. Defendant is Jill H, Boyd, Mother, who currently resides at 2168 Chestnut
Street, Camp Hill, Cumberland County, Pennsylvania.
3. The parties hereto are the parents of the fOllowing minor children who
currently reside at 135 N, 21st Street, Camp Hill, PA and 2168 Chestnut Street, Camp Hill,
PA.
Matthew Boyd
Anna Boyd
Date of Birth: July 18, 1991
Date of Birth: July 12, 1994
4, On December 4, 1998, the Court entered an Order of Court pursuant to an
Agreed Stipulation granting the parties shared legal and physical custody. A true and
correct copy of this Order and attached Stipulation are attached hereto as Exhibit "A."
5. The best interest and permanent welfare of the child will be served by a
modification of the Court's Order, specifically:
Granting primary physical custody of the child to the Plaintiff
and granting partial physical custody of the child to the
Defendant.
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NEIL BOYD, . IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY,
. PENNSYLVANIA
.
V5. . NO. 98-4369
.
JILL H, BOYD . CIVIL ACTION. LAW
Defendant . IN CUSTODY
CERTIFICATE OF SERVICE
I, Wendy L. Shive, Legal Assistant to Jennifer L. Frechette, Esquire, hereby certify
that on the date set forth below, I served a true and correct copy of the Petition to Modify
Order of Custody upon Jill H, Boyd, Defendant, by depositing same, postage pre-paid,
Certified Mail, Return Receipt Requested as well as via regular mail in the United States
Mail, Harrisburg, Pennsylvania, addressed as follows:
Jill H, Boyd
2168 Chestnut Street
Camp Hill, PA 17011
Date: U? /27 /u2
. I
II iLl/leL; ~'.,~
Wendy r&hive ,
a. Since the date of the current Stipulation and Order, Father has consistently attempted
to alienate Mother from her children's lives.
b. On a number of occasions, Father has failed to communicate extracurricular acllvlty
schedules and other information which is required to be provided to Mother.
c. Father has remarried and is attempting to recreate a family unit with his new wife, and
remove Mother from the lives of her children.
d. Father's actions have been in direct disregard to numerous provisions of the Custody
Stipulation/Order. Specifically, Father has intentionally scheduled his uninterrupted week.long
vacation periods during holidays which were to be spent with Mother. In fact, Father scheduled [) trip
to Disney World in Florida over the New Year's Eve and New Year's Day holiday forthcoming, which
has traditionally been Mother's holiday with the children. Mother customarily spends this holiday with
the children at the home of Father's brother and wife. Father scheduled a vacation period during this
holiday to preclude Mother from spending this holiday with his brother.
e. Father's actions over the course of the past several years have not been with the best
interest and welfare of the minor children in mind. Father's actions have been directed toward
alienating Mother and preventing her relationship with the minor children to nourish.
f. Father is making decisions regarding religion without consulting Mother by discussing
with the children their future participation in CCD classes and the Catholic faith, although neither
Mother nor Father or their extended families are Catholic.
g. Father has done nothing to support Mother's role as a mother and a single parent. He
regards Mother as nothing more than his ex-wife.
h. . Father and his wife, Victoria Boyd, have engaged in expressly degrading Mother and
Father's extended family.
'~'
shall commence after school and shall end when the children are taken to school the following
morning. Mother shall have Wednesday and Fathcr shall havc Tucsday. Thc parties anticipate
that the mid week over night may change in accord with the parent's work/school schcdules.
5. Custody of the children on holidays / birthdays shall be as follows:
(a) Mother shall have Mother's Day, Fmher shall have Father's Day.
(b) The parent having custody on children's birthdays shall have the children for that
birthday,
(c) Other holidays, including "trick or treat night, shall be shared, alternated or split
as per an agreement of the parties because it is anticipated that as the children grow older the
paIiies will be flexible and cooperative in allowing in put from the children in arriving at
schedules agreeable to all parties.
(d) The parties contemplate that the ch,ildren will be spending a holiday \\'ith Mother
or Father on a week that had been designated as the week of another party. It will be the
responsibility of the parties to adjust the basic weekly schedule to compensate the other party for
the time lost and always keeping in mind the best interest of the children.
6. Both Mother and Father shall have two (2) non- consecutive vacation weeks with
the children each year. Both parties agree that they will give at least thirty (30) days notice to the
other party of the desired times in this regard.
7. Transportation for the periods of custody shall be shared by the parties with each
parent being responsible for taking the children to school during their custodial periods.
8. In all instances, with the exception of the child's birthday, the specitic holiday and
vacation custody shall take precedence over the regular routine week-to-week custody schedule.
9. The parties further agree that when the children are in their custody and there is a
need for the services for a babysitter, whether family or otherwise, for a period of time in excess
of two (2) hours, the non-custodial parent will be contacted and will have the "first right of
refusal" in caring for the children before cngaging thc services of a babysittcr.
10. It is the desirc of the parties to minimize any disruption and to provide stability for
thc children at this time and thc agreements reachcd herein as to the custody with the children are
based on the premise that the children will remain in the Camp Hill School District and that the
parties continue to enjoy shared custody of their children. Thc parties understand and agree that
in order for the parents to have shared cllstody that they will reside withinlifteen (15) milcs of
the children's school district. In the event that sometime in the future Father chooses to leave thc
Camp Hill School District with the intention of establishing a residence elsewhere. absent
agreement of the parties, Father will not make such move without petition and leave of court.
The parties further agree that if there are disputes regarding custody which they arc not able to
resolve, that they will first attempt resolution through mediation, prior to a petition before the
court.
11. The parties agree that Cumberland County Court ofComl11on Pleas shall retain
continuing jurisdiction of this matter.
12. Both parents shall permit reasonable telephone access to the children when the
children are in his/her custody.
13. Both parents shall encourage the children to live and respect the other and shall
not state, nor allow others to state, in the presence of the children, derogatory comments about
the other parent. Both shall encourage the chiidren to have significant contact with the other
parent, and shall made certain that the children are ready on time for the transfer of physical
custody from one parent or the other.
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Johnson. Duffie, Stewart & Weidner
By: Mark C. Duffie, Esquire
1.0. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
Attorneys for DefendanUPetitioner
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-4389
NEIL BOYD,
Plaintiff/Respondent
JILL H. BOYD,
Defendant/Petitioner
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR SPECIAL RELIEF
PURSUANT TO Pa.R.C.P.1915.13
AND NOW, the Petitioner, by and through her attorneys, Johnson, Duffie, Stewart &
Weidner, files this Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 and in support
thereof avers as follows:
1. Petitioner is Jill H. Boyd, Mother, who currently resides at 2014 Columbia Avenue, Camp
Hill, Cumberland County, Pennsylvania.
2. The Respondent is Neil Boyd, Father, who currently resides at 422 Parkside Road,
Camp Hill, Cumberland County, Pennsylvania.
3. The parties hereto are the natural parents of the following minor children:
Matthew Boyd D.O.B. July 18,1991
Anna Boyd D.O.B. July 12,1994
4. The parties hereto currently share legal and physical custody of the minor children by
Stipulation dated December 20, 1999 and Order dated . A true and
correct copy of said Stipulation and Order is attached hereto and incorporated herein as
Exhibit "A".
5. The Respondent, on or about June 17, 2002, filed a Petition to Modify the Existing Order
of Custody claiming that the minor children wanted to live with him on a primary basis.
.'
6. The matter was referred to Deb Salem at Interworks for family counseling and Mrs.
Salem indieated that the Respondent and his wife were attempting to remove the
children from the Petitioner and reducing contact with the children. The Respondent
then withdrew his Petition.
7. Recently, the Petitioner initiated an action for child support the result of which was a
Stipulated Order at a support conference. From the moment that support action was
entered, the Respondent again began to deliberately alienate the minor children from the
Petitioner.
8. The Respondent, even without having to pay child support for the last eight (8) years,
has a self created misconception with respect to the nature and allocation of a child
support obligation.
A. The Respondent believes that child support is morally and ethically wrong
and that although legally required, is adamantly opposed to the concept
of child support.
B. Respondent believes that once he pays child support to the Petitioner,
that he has no further financial obligation to the children, even in a shared
fiscal and legal custodial arrangement.
9. Upon filing the Complaint for Support, Respondent began telling the minor children that
the Respondent and his wife would have to move out of their house, sell automobiles
and pick up extra jobs simply to pay the existing bills.
10. The Respondent indicated to the minor children that the Petitioner was stealing his
money and demanded that the children "thank" him from this day forward for everything
that the Petitioner buys for the children with the Respondent's money.
11. Respondent has refused to pay for any costs and expenses for the children including but
not limited to, registration fees, haircuts and sports supplies and informed the children of
this.
12. Respondent, who is the Treasurer of the baseball league, attempted to have Matthew
withheld from the baseball roster due to the fact that Petitioner arranged to pay the
registration in two installments. This arrangement was made because the Respondent
refused to split the registration fee with Petitioner.
13. The Respondent continues to view his current wife as the children's mother and
continues to alienate the Petitioner as a parent.
14. The Respondent repeatedly involves the minor children in the parties' financial affairs
going so far as to have the children sign affidavits regarding a sum of money that the
Petitioner earned making Christmas wreaths during the holiday season.
15. Respondent's wife has taken Anna shopping, picked out merchandise, and left them on
hold at the store for the Respondent to pick up and pay for.
16. The Respondent recently told the minor children that the Petitioner was fired from her
job when she, in fact, was not.
17. The Respondent and his wife are attempting to adopt a baby and are now informing the
minor children that they will not be able to financially afford to do so because of what the
Petitioner is doing to them.
18. The Respondent is denouncing the Petitioner to the children and condemning her for
seeking support that she should have received over the period of the last eight years
and desperately needs.
19. The Respondent's conduct has become so outrageous that the Petitioner is constantly
struggling to maintain good relations with the children.
20. The Respondent routinely disparages the Petitioner in the presence of the children
rather than support her role as a parent.
21. The Respondent's conduct is contemptuous in light of the existing Order. As a result,
the Petitioner is seeking counsel fees associated with the preparation and presentation
of this Petition.
WHEREFORE, the Petitioner requests this Honorable Court to schedule an in chambers
conference or in the alternative, refer this matter to a Dawn S. Sunday, Esquire, the conciliator
of record, for an expedited conciliation. The Petitioner is not seeking any modification of the
custody schedule at this time but needs to address the significant custodial issues set forth
herein. The Petitioner also requests this Honorable Court to award her reasonable counsel fees
associated with the preparation and presentation of this Petition.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
. Duffie, Esquire
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6. Del/ied. Thc eustody mattcr was refcrrcd to Dcb Salcm at Intcrworks for
family counscling, and Mrs. Salem indicated that thc Pctitioncr was having
communicativc problcms with thc minor childrcn and shc rccommcndcd that thc
Pctitioncr scck additional counscling to work on strcngthcning hcr rclationship
with thc minor children. Howcver, aftcr a few additional scssions, thc Pctitioncr
stopped attending thc counseling sessions, and ehose to ignorc the fact that she
has created relationship difficulties with thc minor childrcn. The Respondent
withdrew his pctition for Modification of the Custody Order duc to the fact that
court was unwilling to hear testimony from thc children regarding their elaims.
7. Del/ied. The Respondent has never attcmpted to alienate the childrcn from
the Pctitioner. Instead, thc Respondent e1early rceognizes and represents to the
minor children that the Petitioner is the children's mother with parental rights as
such. Any perceived alienation from the children is not due to any actions of the
Respondent, but instead should be attributed to misconceptions and
communicative and behavioral actions that the Petitioner directs toward the
Respondent and the minor children. The Petitioner fails to believe that the minor
children could possibly originate their own thoughts and desires, and as such,
misplaces all blame on the Respondent. When the children genuinely express
their concerns about the way they are being treated, or the actions ofthe
Petitioner, the Petitioner immediately assumes that the Respondent must be the
cause of their concerns without any grounds for such assumptions.
8. Del/ied. The Respondent does not believe that child support is morally and
ethically wrong in all cases. In the present case, however, he does believe that the
action of the Petitioner to file child support is ethically and morally wrong based
on the following reasons, (I) that the Petitioner filed for child support in order to
punish and hurt him, and to use it as a vendetta to attack his current wife. In the
past, the Petitioner has threatened to file child support by stating "if you don't
eomply with my terms I will file for child support," and therefore has used child
support as a method of coercion. The Petitioner has never expressed that she is in
"need" of support to the Respondent. Instead, the Petitioner has used child
support as a punitive method. Further, the Petitioner reported to the Respondent
that the reason she filed for support is "because of Victoria" the Respondent's
wife. In relation to item (b) above, the respondent does not believe that he has no
further obligation to the children once he pays support. Conversely, he fully
supports the children when they reside in his home, and on numerous occasions
after the support hearing has purchased items and services for the children (e.g.,
haircut, clothes, sports equipment, entertainment, personal care items). In
addition, prior to the support hearing, the Respondent was supporting the children
by a faetor of approximately 80 to 90%, even when his eourt stipulated obligation
was only 55%. Recent requests from the Respondent to the Petitioner to pay for
certain child related expenses are merely attempts to get the Petitioner to pay her
fair share. The Respondent contends that the Petitioner is not aware of how much
it takes to support the children because she is not aecustomed to financially
supporting the children with a fair share.
.
.
9. Dellied. It is truc that thc support payment has put a significant financial
strain on the Rcspondcnt, and it is truc that in thc initial stages of the decision-
making process surrounding support issues, that thc Rcspondcnt was worricd that
he "might" have to sell his homc and move out. Howevcr, after selling onc of his
automobiles, and attempting to eliminate a fcw expenses that relate to variable
costs in his budget, he will just be able to pay for his basic living expcnscs. In
addition. his wife will need to find extra cmployment in order to pay for basic
living expenses and anticipated basic living expenses in the future.
10. Dellied. The Respondent never said to the ehildren that the Petitioner was
stealing his money, and he never said to the children that he demanded that they
"thank" him from this day forward.
II. Dellied. During the past eight years, the Respondent has paid for
approximately 80 to 90% of support for the children, even though his legal
requirement was 55%. During the past eight years, the Petitioner never
contributed her legally required 45%. When asked to contribute for most items,
the Petitioner balked. The Respondent was allowing this to oceur to "keep the
peaee." However, now that the Petitioner has sought child support through the
court, the Respondent feels that the Petitioner should finally aecept responsibility
and pay her fair share. Because of the perception on the part of the Petitioner that
the Respondent would pay 80 to 90% if she passively ignored the situation, the
Petitioner is having difficulty adjusting to her new responsibilities. Moreover, the
Respondent has not stopped supporting the children as the Petitioner claims. To
the contrary, prior to and after the stipulated support order, the Respondent has
paid for haireuts, sporting equipment, clothes, shoes, personal care items, and
several other items for the children.
12. Dellied. The Petitioners claim is absolutely false. The Respondent, who is
the Treasurer ofthe league, sent an email to every family in the Teener league
requesting payment for registration as directed by the President of the league.
The President stated that a player would not be on the roster until they paid their
registration fee in full. This policy was in effect for all families, and is still in
effect for families who have not paid in full. When the Respondent asked the
Petitioner to pay for the registration fee, she claimed that she would not pay it. In
a later request, she said she "took care of it." The Respondent reminded the
Petitioner that Matthew would not officially be on the roster until the fee was paid
in full. Therefore, the Respondent did not attempt to have Matthew withheld
from the roster. Instead, Matthew was not officially on the roster until his fee was
paid in full per league policy.
13. Dellled. Thc Rcspondent bclicvcs that thc Pctitioner is a parcnt ofthc
ehildrcn. and hc consistently supports hcr rolc as sueh to thc ehildrcn. In addition,
hc bclieves that his currcnt wifc is in a parcnting rolc and that shc fulfills a
number of nccds ofthc childrcn, many of which the Petitioncr is unablc to fulfill.
Thc Respondcnts current wife is an cxccptional rolc modcl for thc ehildrcn, and
has taught thcm many wondcrful qualitics ovcr the years. Shc is a vcry nurturing
person, and thc ehildren have significantly bcnefited from baving hcr in thcir
lives. Instead, thc Pctitioner denics the existcncc of the Respondent's wife, has
spit on her in public, has given her the finger in pub lie, has told her she will ncvcr
speak to her, has told her that she is "dead" in her view, and has refused to
acknowledge her presencc in public settings. Also, the Petitioncr has never
thanked the Respondents wife for her emotional, eognitive, behavioral, and
financial support of the ehildren over the ycars. Finally, the Petitioner has denied
every attempt to resolve her contempt toward the Respondents wife.
14. Delllell. The Respondent did allow the children to sign affidavits after they
approaehed him regarding money that their mother was "hiding." However, the
Petitioner has gone so far as to tell the children the exact incomes of the
Respondent and the Respondents wife, and to make derogatory claims about their
finances. In addition, she has queried the children in relation to specific expenses
that the Respondent has made during recent events, and has made derogatory
comments regarding those expenditures. In addition, she has made specific
derogatory statements regarding the Respondents financial situation as she has
told the children that the Respondent should sell his home and "live in a shaek,"
that he should sell his automobile and "drive ajunker," that he should not have
purchased a home when he did, that he should not be seeking an adoption of a
new child, that he should not spend money on home improvements, and that he
should attempt to reduce his expenditures in general. Each of the aforementioned
statements were made after reviewing the exact amounts of the Respondents and
the Respondents wife's incomes with the minor children following the support
hearing.
IS. Dellled. The items were left on hold because the Petitioner had previously
indicated that she was interested in buying the items for Anna. In addition, the
Respondent and his wife have recently purchased other child-related items for the
ehildren, and felt that it was fair for this item to be purchased by the Petitioner.
Again, this issue is merely part of responsibilities that the Petitioner is not used to
engaging in due to her lack of equitable financial sharing in the past.
16. Dellled.
The Respondent NEVER made any such claim to the children.
17. Dellled. This item is clearly misconstrued. Instead, the Respondent and his
wife have openly discussed that payment of child support "might" alter their
ability to financially afford adoption.
18. Denied. The Rcspondcnt has NEVER dcnounced or condcmncd thc
Pctitioncr to the childrcn in relation to her sceking support. Thc Rcspondcnt has
clearly and opcnly discussed with thc childrcn that support will put n tinaneinl
burdcn on him and the tlunily.
19. Del/led. The Pctitioncr has ncver maintaincd continuous effcctive rclations
with the ehildren duc to cognitive, bchavioral, and emotional actions (or
inactions) on her part. When thc reeent support action was taken the childrcn
were not happy with their mother and merely voieed their displeasure with her
actions. They have not been happy with their mother for a very long time (over
the past eight years), but on many occasions have chosen to "bitc their tongucs"
and bear with the situation.
20. Denied. The Respondcnt recognizcs that thc Petitioncr is a parent of thc
children and does NOT routincly disparage thc Petitioncr to the childrcn.
21. Del/led. Thc Petitioncr continues to usc a series of mcthods (legal and
otherwise) to harass thc Respondcnt with falsehoods and untruths. Instcad, as
outlined above and bclow, the Petitioners behavior is so cxtremely outragcous
that she is in eontempt of the cxisting custody Ordcr. In addition, she has been
in contempt of the Ordcr in numcrous occasions prior to this date. For example,
she cancelled her health insurancc without consulting with the Respondcnt that
was used for the childrcn. The birthday rule in the existing Order requircs her to
maintain health insurance for the children, and shc decidcd that she would forego
covering hcr children because of a personal bencfit it would bring her. In
addition, the Petitioncr routinely tells thc children not to answer the phone ifthc
Respondcnt is on the othcr linc, and therefore attempts to rcstrict the children's
access to the Rcspondent.
COUNTERCLAIM
22. The Petitioner has held perceptions of jealousy, persecution, suspicion, and
paranoia toward thc Respondent and Respondent's wife for the past seven years.
Thc Petitioner has actcd upon thc above mentioned perceptions by portraying the
couple in a derogatory manncr to the children. The Respondent and the
Respondent's wife have crcatcd a safe, securc, and loving home for respondent's
children and yct the Pctitioner continues to blame and verbally harass the
Respondent and the Respondent's wife for her condition in life. Jill has reported
her resentment over new home and material things Neil and Victoria have.
23. The Respondent and the Respondent's wife are concemed about the minor
children hearing derogatory phone messages left by the Petitioner's sister Dawn
Robertson regarding the Respondent. One of the minor children heard the len!,>thy
message and became upset.
24. Thc Pctitioncr allows thc minor ehildrcn to host othcr minor childrcn in hcr home
nllcr school without supcrvision. On scvcrnl occasions in thc immediatc hour
aller school the Rcspondcnt called onc ofthc minor ehildren, nnd dctcnnined that
a group of clcven to twelvc ycnr old girls wcrc in thc Pctitioncrs homc "having a
pnrty." In addition, on onc occasion, a group of minor girls wcrc cooking food
on the stovc without nny supcrvision. Thc Rcspondcnt is vcry concerncd about
the lack of pnrental supervision in the Petitioners homc.
25. The Pctitioner frcqucntly allows onc ofthc minor childrcn, who is elcven ycars
old, to walk alonc to school and rcmain unsupcrvised for long pcriods of time.
The distance to school is not far, but the routc gocs through a secluded park.
26. On several occasions the Pctitioner hns dropped off the minor children at the
Respondent's home whcn they are sick without first gctting them the medications
that they need.
27. The Petitioner informcd the childrcn that thc Respondent's wife was pregnant
when she, in fact, was not. This claim upset one of the minor children who had
made a pact with the Respondent's wife that she would be the first one to learn of
a pregnnncy if one occurred. The minor child immediately called the
Respondent's wife, and was emotionally upset until the Respondent's wife was
able to sooth the situation.
28. The Petitioner informed the children that the Respondent and the Respondent's
wife are "rich," and reviewed with the minor children the exact amounts of
income and expenses of the Respondent and his wife, and told the ehildren that
since the Respondent and his wife are rich that "they owe her."
29. The Petitioner informed the children that she was going to use child support
money to buy new furniture, remodel her house, and buy personal items for
herself. These claims upset the children and caused them to be concerned that the
support money would not be used for their needs.
30. The Petitioner keeps many secrets from the minor children and she consistently
avoids communication in response to the minor children's queries.
31. The Petitioner purchased a BB gun for one of the minor children, and did not
train him on its proper use and did not supervise him during its use. While
unsupervised he began shooting at his sister. The Respondent continues to be
concerned about the lack of parental supervision displayed by the Petitioncr.
32. In the past, the Petitioner failed to take one of the minor children to his Cub
Scout meetings when the minor child was under her supervision. The minor
child is now in boy scouts, and on a frequent basis, the Petitioner has failed to
rcmind or assist thc minor ehild in uttcnding his Boy Scout mcctings whcn hc is
undcr hcr supcrvision.
33. Thc Petitioncr smokcs cigarcttes in hcr homc, and thc Respondcnt and his wile
arc vcry concerned about thc cffccts ofsccond-hand smokc on thc children.
Also, on scveral occasions thc minor childrcn have approaehcd the Respondcnt
and expressed their conccrns thatthc Pctitioner "drinks too much." On onc
occasion, a minor child approachcd thc Respondent and said that thc Petitioner
"had a party last night, and there are bcer bottlcs and cigarettc butts all ovcr thc
place," and that thc Petitioner failed to take thcm to an cvent becausc shc was
"hung over."
34. Thc Respondcnt and his wifc arc very concerned that the Petitioner is not in
support of the ehildrcn attending rcligious serviccs with thc Respondcnt and his
wife when the minor children arc under their supervision. The Petitioncr does
not take the children to religious services whcn they are under her supcrvision.
The Respondent has repcatedly attempted to address this issue with the
Petitioner, but she is unwilling to allow the ehildren to attend religious services in
the faith of the Respondent and the Respondent's wife, and is adamantly against
the children seeking a religious home in the faith of the Respondent and his wife.
35. The Respondent and his wife are very concerned that the Petitioner leaves hcr
doors unlocked when she and the minor children go to bed at night. Recently, the
Respondent asked the minor children to take the initiative to lock the doors, and
they reported that they could not lock the sliding glass door in the back of the
home because it is broken. This safety issue is of great concern to the
Respondent and his wife.
36. The Petitioner, in a state of exhibiting persecutory and paranoid cognitive
framing, told the children that the Respondent and his wife broke into her home.
37. The Respondent feels that he is being harassed and falsely accused by the
Petitioner. He therefore seeks counsel fees for the preparation and presentation
of this response to the Petition from the Petitioner.
38. The Respondent asks Dawn S. Sunday to meet with Anna and Matthew, minor
children ofthe Petitioner and Respondent, to hear their concerns, and potentially
consider their request for modification of the current custody Order.
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APR 2 6 2006
NEIL BOYD
BY:,_, _ "C'"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
98-4389
CIVIL ACTION LAW
JILL H. BOYD
Dcfendant
IN CUSTODY
ORDER OF COURT
AND NOW, this 2{,' day of /}>n' / , 2006, upon
consideration ofthc attachcd Custody Conciliation Rcport, it is ordcred and dircctcd as follows:
I. Thc prior Ordcr of this Court datcd May 28, 2003 shall continue in effect.
2. The parties shall not discuss, either directly or indirectly, with thc Children any financial
issues related to child support or otherwisc and any parenting conflicts bctween the parties.
3. The parties shall discuss any proposals to changc the custody schedule with the other parent
prior to infol111ing the Children of a potential change.
4. The parties agree that by this Order, the Mother's Petition for Special Relief and the Father's
counterclaim thereto are resolved.
5. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the tenns of this Order shall control.
BY THE COURT,
cc: ~k C. Duffie, Esquire - Counsel for Mother
::.eTaig S. Boyd, Esquire - Counsel for Father
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Johnson. Duffie, Stewart & Weidner
By: Mark C. Duffie, Esquire
1.0. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
Attorneys for Defendant/Petitioner
NEIL BOYD,
Plaintiff/Respondent
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-4389
JILL H. BOYD,
Defendant/Petitioner
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR SPECIAL RELIEF
PURSUANT TO Pa.R.C.P.1915.13
AND NOW, the Petitioner, by and through her attorneys, Johnson, Duffie, Stewart &
Weidner, files this Petition for Special Relief Pursuant to Pa.RC.P. 1915.13 and in support
thereof avers as follows:
1. Petitioner is Jill H, Boyd, Mother, who currently resides at 2014 Columbia Avenue, Camp
Hill, Cumberland County, Pennsylvania,
2. The Respondent is Neil Boyd, Father, who currently resides at 422 Parkside Road,
Camp Hill, Cumberland County, Pennsylvania,
3. The parties hereto are the natural parents of the following minor children:
Matthew Boyd D.O,B. July 18,1991
Anna Boyd D.O,B, July 12, 1994
4. The parties hereto currently share legal and physical custody of the minor children by
Stipulation dated December 20, 1999 and Order dated . A true and
correct copy of said Stipulation and Order is attached hereto and incorporated herein as
Exhibit "A",
5. The Respondent, on or about June 17, 2002, filed a Petition to Modify the Existing Order
of Custody claiming that the minor children wanted to live with him on a primary basis.
6. The matter was referred to Deb Salem at Interworks for family counseling and Mrs.
Salem indicated that the Respondent and his wife were attempting to remove the
children from the Petitioner and reducing contact with the children. The Respondent
then withdrew his Petition.
7. Recently, the Petitioner initiated an action for child support the result of which was a
Stipulated Order at a support conference. From the moment that support action was
entered, the Respondent again began to deliberately alienate the minor children from the
Petitioner.
8. The Respondent, even without having to pay child support for the last eight (8) years,
has a self created misconception with respect to the nature and allocation of a child
support obligation.
A. The Respondent believes that child support is morally and ethically wrong
and that although legally required, is adamantly opposed to the concept
of child support,
B, Respondent believes that once he pays child support to the Petitioner,
that he has no further financial obligation to the children, even in a shared
fiscal and legal custodial arrangement.
9, Upon filing the Complaint for Support, Respondent began telling the minor children that
the Respondent and his wife would have to move out of their house, sell automobiles
and pick up extra jobs simply to pay the existing bills,
10. The Respondent indicated to the minor children that the Petitioner was stealing his
money and demanded that the children "thank" him from this day forward for everything
that the Petitioner buys for the children with the Respondent's money.
11, Respondent has refused to pay for any costs and expenses for the children inclUding but
not limited to, registration fees, haircuts and sports supplies and informed the children of
this.
12. Respondent, who is the Treasurer of the baseball league, attempted to have Matthew
withheld from the baseball roster due to the fact that Petitioner arranged to pay the
registration in two installments. This arrangement was made because the Respondent
refused to split the registration fee with Petitioner.
13, The Respondent continues to view his current wife as the children's mother and
continues to alienate the Petitioner as a parent.
14. The Respondent repeatedly involves the minor children in the parties' financial affairs
going so far as to have the children sign affidavits regarding a sum of money that the
Petitioner earned making Christmas wreaths during the holiday season,
15, Respondent's wife has taken Anna shopping, picked out merchandise, and left them on
hold at the store for the Respondent to pick up and pay for,
16, The Respondent recently told the minor children that the Petitioner was fired from her
job when she, in fact, was not.
17. The Respondent and his wife are attempting to adopt a baby and are now informing the
minor children that they will not be able to financially afford to do so because of what the
Petitioner is doing to them.
18. The Respondent is denouncing the Petitioner to the children and condemning her for
seeking support that she should have received over the period of the last eight years
and desperately needs.
19. The Respondent's conduct has become so outrageous that the Petitioner is constantly
struggling to maintain good relations with the children,
20. The Respondent routinely disparages the Petitioner in the presence of the children
rather than support her role as a parent.
21, The Respondent's conduct is contemptuous in light of the existing Order. As a result,
the Petitioner is seeking counsel fees associated with the preparation and presentation
of this Petition.
WHEREFORE, the Petitioner requests this Honorable Court to schedule an in chambers
conference or in the alternative, refer this matter to a Dawn S. Sunday, Esquire, the conciliator
of record, for an expedited conciliation, The Petitioner is not seeking any modification of the
custody schedule at this time but needs to address the significant custodial issues set forth
herein, The Petitioner also requests this Honorable Court to award her reasonable counsel fees
associated with the preparation and presentation of this Petition.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
VERIFICA nON
I, JILL H. BOYD, verify that the statements made in this Complaint for Custody are true
and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are made subject to the penalties of 18 Pa,C,SA ~4904, relating to
unsworn falsification to authorities.
Date:
.~ \1- \ \ Ulc
C~t ~, ~~~
JILL H. YD .
:271407
CERTIFICATE OF SERVICE
AND NOW, this 2'#bday of March, 2006, the undersigned does hereby certify that she
did this date serve a copy of the foregoing Statement of Intention to Proceed upon the other
parties of record by causing same to be deposited in the United States Mail, first class postage
prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Edward J, Weintraub
2650 North Third Street
Harrisburg, PA 17110
JOHNSON, DUFFIE, STEWART & WEIDNER
1
By: L'i&M-LIAtdu.--r /'-{A.-.{..( h~{~",^-----,
Cassandra T, Rosen aum
:271407
NEIL BOYD
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
98-4389
CIVIL ACTION LA W
JILL H. BOYD
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW,
Wednesday, March 29, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
, the conciliator,
at._............._.__ 39 West Main Street, Mechanicsburg, PA 17055 on _~...!hu~s_d~J':,.f\pril20, 2006 at !.!.:.~~.^M
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
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: Isl
Dawn S. Sunclav. Esq.
Custody Conciliator
I~
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,
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 acccssible facilities and reasonable accommodations
available to disabled individuals having business befl)re 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
HA VE 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
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Craig S. Boyd, Esquire
BOYD & KARVER
7 East Philadelphia Ave.
Boyertown, PA 19512
(610) 367-2148
Attorneys for PlaintifflRespondent
Attorney I.D. # 19477
NEIL BOYD
PlaintifflRespondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-4389
JILL H. BOYD
Defendant/Petitioner
CIVIL ACTION - LAW
IN CUSTODY
RESPONDENT'S ANSWER TO PETITION FOR SPECIAL RELIEF AND
COUNTERCLAIM FOR PETITION FOR SPECIAL RELIEF
AND NOW, comes the Respondent, Neil M. Boyd, who files this answer to Petitioner's
Petition for Special Relief, and Counterclaim for Petition for Special Relief, and in
support thereof avers as follows:
I. Admitted.
2. Admitted
3. Admitted
4, Admitted
5. Denied in Part. Admitted in Part. It is true that the Respondent filed a Petition
to Modify the Existing Order of Custody claiming that the minor children wanted
to live with him on a primary basis. In fact, the children continue to express their
desire to live with the Respondent on a primary basis, The Petitioner refuses to
discuss this issue with the children or the Respondent, and becomes angry with
the children, yells at them, or completely ignores them, when they bring it up. In
addition, the Petitioner blames the Respondent for their inquiries, when
conversely, the children are genuinely hopeful that they can primarily live with
the Respondent. The Respondent asks Dawn S. Sunday to meet with Anna and
Matthew, minor children of the Petitioner and Respondent, to consider their
request for modification of the current custody Order.
.
.
6. Denied. The custody matter was referred to Deb Salem at Interworks for
family counseling, and Mrs. Salem indicated that the Petitioner was having
communicative problems with the minor children and she recommended that the
Petitioner seek additional counseling to work on strengthening her relationship
with the minor children, However, after a few additional sessions, the Petitioner
stopped attending the counseling sessions, and chose to ignore the fact that she
has created relationship difficulties with the minor children. The Respondent
withdrew his petition for Modification of the Custody Order due to the fact that
court was unwilling to hear testimony from the children regarding their claims.
7. Denied. The Respondent has never attempted to alienate the children from
the Petitioner Instead, the Respondent clearly recognizes and represents to the
minor children that the Petitioner is the children's mother with parental rights as
such. Any perceived alienation from the children is not due to any actions of the
Respondent, but instead should be attributed to misconceptions and
communicative and behavioral actions that the Petitioner directs toward the
Respondent and the minor children. The Petitioner fails to believe that the minor
children could possibly originate their own thoughts and desires, and as such,
misplaces all blame on the Respondent. When the children genuinely express
their concerns about the way they are being treated, or the actions of the
Petitioner, the Petitioner immediately assumes that the Respondent must be the
cause of their concerns without any grounds for such assumptions,
8. Denied. The Respondent does not believe that child support is morally and
ethically wrong in all cases. In the present case, however, he does believe that the
action of the Petitioner to file child support is ethically and morally wrong based
on the following reasons, (I) that the Petitioner filed for child support in order to
punish and hurt him, and to use it as a vendetta to attack his current wife, In the
past, the Petitioner has threatened to file child support by stating "if you don't
comply with my terms I will file for child support," and therefore has used child
support as a method of coercion. The Petitioner has never expressed that she is in
"need" of support to the Respondent. Instead, the Petitioner has used child
support as a punitive method. Further, the Petitioner reported to the Respondent
that the reason she filed for support is "because of Victoria" the Respondent's
wife. In relation to item (b) above, the respondent does not believe that he has no
further obligation to the children once he pays support. Conversely, he fully
supports the children when they reside in his home, and on numerous occasions
after the support hearing has purchased items and services for the children (e.g"
haircut, clothes, sports equipment, entertainment, personal care items). In
addition, prior to the support hearing, the Respondent was supporting the children
by a factor of approximately 80 to 90%, even when his court stipulated obligation
was only 55%, Recent requests from the Respondent to the Petitioner to pay for
certain child related expenses are merely attempts to get the Petitioner to pay her
fair share. The Respondent contends that the Petitioner is not aware of how much
it takes to support the children because she is not accustomed to financially
supporting the children with a fair share,
..
9. Denied. It is true that the support payment has put a significant financial
strain on the Respondent, and it is true that in the initial stages of the decision-
making process surrounding support issues, that the Respondent was worried that
he "might" have to sell his home and move out. However, after selling one of his
automobiles, and attempting to eliminate a few expenses that relate to variable
costs in his budget, he will just be able to pay for his basic living expenses. In
addition, his wife will need to find extra employment in order to pay for basic
living expenses and anticipated basic living expenses in the future,
] O. Denied. The Respondent never said to the children that the Petitioner was
stealing his money, and he never said to the children that he demanded that they
"thank" him from this day forward,
11. Denied. During the past eight years, the Respondent has paid for
approximately 80 to 90% of support for the children, even though his legal
requirement was 55%. During the past eight years, the Petitioner never
contributed her legally required 45%. When asked to contribute for most items,
the Petitioner balked. The Respondent was allowing this to occur to "keep the
peace." However, now that the Petitioner has sought child support through the
court, the Respondent feels that the Petitioner should finally accept responsibility
and pay her fair share. Because of the perception on the part of the Petitioner that
the Respondent would pay 80 to 90% if she passively ignored the situation, the
Petitioner is having difficulty adjusting to her new responsibilities, Moreover, the
Respondent has not stopped supporting the children as the Petitioner claims. To
the contrary, prior to and after the stipulated support order, the Respondent has
paid for haircuts, sporting equipment, clothes, shoes, personal care items, and
several other items for the children.
]2, Denied. The Petitioners claim is absolutely false. The Respondent, who is
the Treasurer of the league, sent an email to every family in the Teener league
requesting payment for registration as directed by the President of the league,
The President stated that a player would not be on the roster until they paid their
registration fee in full. This policy was in effect for all families, and is still in
effect for families who have not paid in full. When the Respondent asked the
Petitioner to pay for the registration fee, she claimed that she would not pay it. In
a later request, she said she "took care of it." The Respondent reminded the
Petitioner that Matthew would not officially be on the roster until the fee was paid
in fulL Therefore, the Respondent did not attempt to have Matthew withheld
from the roster. Instead, Matthew was not officially on the roster until his fee was
paid in full per league policy.
,
13. Denied. The Respondent believes that the Petitioner is a parent of the
children, and he consistently supports her role as such to the children. In addition,
he believes that his current wife is in a parenting role and that she fulfills a
number of needs of the children, many of which the Petitioner is unable to fulfill.
The Respondents current wife is an exceptional role model for the children, and
has taught them many wonderful qualities over the years. She is a very nurturing
person, and the children have significantly benefited from having her in their
lives, Instead, the Petitioner denies the existence of the Respondent's wife, has
spit on her in public, has given her the finger in public, has told her she will never
speak to her, has told her that she is "dead" in her view, and has refused to
acknowledge her presence in public settings. Also, the Petitioner has never
thanked the Respondents wife for her emotional, cognitive, behavioral, and
financial support of the children over the years. Fina1ly, the Petitioner has denied
every attempt to resolve her contempt toward the Respondents wife.
14. Denied. The Respondent did allow the children to sign affidavits after they
approached him regarding money that their mother was "hiding." However, the
Petitioner has gone so far as to te1l the children the exact incomes of the
Respondent and the Respondents wife, and to make derogatory claims about their
finances. In addition, she has queried the children in relation to specific expenses
that the Respondent has made during recent events, and has made derogatory
comments regarding those expenditures, In addition, she has made specific
derogatory statements regarding the Respondents financial situation as she has
told the children that the Respondent should seIl his home and "live in a shack,"
that he should sell his automobile and "drive a junker," that he should not have
purchased a home when he did, that he should not be seeking an adoption of a
new child, that he should not spend money on home improvements, and that he
should attempt to reduce his expenditures in general. Each of the aforementioned
statements were made after reviewing the exact amounts of the Respondents and
the Respondents wife's incomes with the minor children following the support
hearing.
15, Denied. The items were left on hold because the Petitioner had previously
indicated that she was interested in buying the items for Anna. In addition, the
Respondent and his wife have recently purchased other child-related items for the
children, and felt that it was fair for this item to be purchased by the Petitioner
Again, this issue is merely part of responsibilities that the Petitioner is not used to
engaging in due to her lack of equitable financial sharing in the past.
16. Denied.
The Respondent NEVER made any such claim to the children,
17. Denied. This item is clearly misconstrued. Instead, the Respondent and his
wife have openly discussed that payment of child support "might" alter their
ability to financiaIly afford adoption.
,
18. Denied. The Respondent has NEVER denounced or condemned the
Petitioner to the children in relation to her seeking support. The Respondent has
clearly and openly discussed with the children that support will put a financial
burden on him and the family,
19, Denied. The Petitioner has never maintained continuous effective relations
with the children due to cognitive, behavioral, and emotional actions (or
inactions) on her part. When the recent support action was taken the children
were not happy with their mother and merely voiced their displeasure with her
actions. They have not been happy with their mother for a very long time (over
the past eight years), but on many occasions have chosen to "bite their tongues"
and bear with the situation.
20. Denied. The Respondent recognizes that the Petitioner is a parent of the
children and does NOT routinely disparage the Petitioner to the children.
21, Denied. The Petitioner continues to use a series of methods (legal and
otherwise) to harass the Respondent with falsehoods and untruths. Instead, as
outlined above and below, the Petitioners behavior is so extremely outrageous
that she is in contempt of the existing custody Order. In addition, she has been
in contempt of the Order in numerous occasions prior to this date. For example,
she cancelled her health insurance without consulting with the Respondent that
was used for the children. The birthday rule in the existing Order requires her to
maintain health insurance for the children, and she decided that she would forego
covering her children because of a personal benefit it would bring her. In
addition, the Petitioner routinely tells the children not to answer the phone if the
Respondent is on the other line, and therefore attempts to restrict the children's
access to the Respondent.
COUNTERCLAIM
22. The Petitioner has held perceptions of jealousy, persecution, suspicion, and
paranoia toward the Respondent and Respondent's wife for the past seven years,
The Petitioner has acted upon the above mentioned perceptions by portraying the
couple in a derogatory manner to the children. The Respondent and the
Respondent's wife have created a safe, secure, and loving home for respondent's
children and yet the Petitioner continues to blame and verbally harass the
Respondent and the Respondent's wife for her condition in life. Jill has reported
her resentment over new home and material things Neil and Victoria have.
23, The Respondent and the Respondent's wife are concerned about the minor
children hearing derogatory phone messages left by the Petitioner's sister Dawn
Robertson regarding the Respondent. One of the minor children heard the lengthy
message and became upset.
24. The Petitioner allows the minor children to host other minor children in her home
after school without supervision. On several occasions in the immediate hour
after school the Respondent called one of the minor children, and determined that
a group of eleven to twelve year old girls were in the Petitioners home "having a
party," In addition, on one occasion, a group of minor girls were cooking food
on the stove without any supervision. The Respondent is very concerned about
the lack of parental supervision in the Petitioners home.
25. The Petitioner frequently allows one of the minor children, who is eleven years
old, to walk alone to school and remain unsupervised for long periods of time.
The distance to school is not far, but the route goes through a secluded park.
26. On several occasions the Petitioner has dropped off the minor children at the
Respondent's home when they are sick without first getting them the medications
that they need.
27. The Petitioner informed the children that the Respondent's wife was pregnant
when she, in fact, was not. This claim upset one of the minor children who had
made a pact with the Respondent's wife that she would be the first one to learn of
a pregnancy if one occurred. The minor child immediately called the
Respondent's wife, and was emotionally upset until the Respondent's wife was
able to sooth the situation.
28, The Petitioner informed the children that the Respondent and the Respondent's
wife are "rich," and reviewed with the minor children the exact amounts of
income and expenses of the Respondent and his wife, and told the children that
since the Respondent and his wife are rich that "they owe her."
29, The Petitioner informed the children that she was going to use child support
money to buy new furniture, remodel her house, and buy personal items for
herself These claims upset the children and caused them to be concerned that the
support money would not be used for their needs,
30. The Petitioner keeps many secrets from the minor children and she consistently
avoids communication in response to the minor children's queries.
31. The Petitioner purchased a BB gun for one of the minor children, and did not
train him on its proper use and did not supervise him during its use, While
unsupervised he began shooting at his sister. The Respondent continues to be
concerned about the lack of parental supervision displayed by the Petitioner.
32. In the past, the Petitioner failed to take one of the minor children to his Cub
Scout meetings when the minor child was under her supervision, The minor
child is now in boy scouts, and on a frequent basis, the Petitioner has failed to
.
remind or assist the minor child in attending his Boy Scout meetings when he is
under her supervision.
33. The Petitioner smokes cigarettes in her home, and the Respondent and his wife
are very concerned about the effects of second-hand smoke on the children.
Also, on several occasions the minor children have approached the Respondent
and expressed their concerns that the Petitioner "drinks too much," On one
occasion, a minor child approached the Respondent and said that the Petitioner
"had a party last night, and there are beer bottles and cigarette butts all over the
place," and that the Petitioner failed to take them to an event because she was
"hung over."
34, The Respondent and his wife are very concerned that the Petitioner is not in
support of the children attending religious services with the Respondent and his
wife when the minor children are under their supervision, The Petitioner does
not take the children to religious services when they are under her supervision.
The Respondent has repeatedly attempted to address this issue with the
Petitioner, but she is unwilling to allow the children to attend religious services in
the faith of the Respondent and the Respondent's wife, and is adamantly against
the children seeking a religious home in the faith of the Respondent and his wife.
35, The Respondent and his wife are very concerned that the Petitioner leaves her
doors unlocked when she and the minor children go to bed at night. Recently, the
Respondent asked the minor children to take the initiative to lock the doors, and
they reported that they could not lock the sliding glass door in the back of the
home because it is broken. This safety issue is of great concern to the
Respondent and his wife.
36. The Petitioner, in a state of exhibiting persecutory and paranoid cognitive
framing, told the children that the Respondent and his wife broke into her home,
37. The Respondent feels that he is being harassed and falsely accused by the
Petitioner. He therefore seeks counsel fees for the preparation and presentation
of this response to the Petition from the Petitioner.
38. The Respondent asks Dawn S. Sunday to meet with Anna and Matthew, minor
children of the Petitioner and Respondent, to hear their concerns, and potentially
consider their request for modification of the current custody Order,
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foregoing _ .-+2dJ~. .[;c~ ..5f{iiJ..-12i7. /Li.L. and that the facts set forth therein
are trUe and correct to the best of my knowledge or informMlon and belief. I understand that the
statements herein are made subject to the penalties of1S Pa. C.S.A. 9 4904 relating to unsworn
falsification to authorities.
Date: +JjL_J~3-~!
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
1.0. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
mcd@jdsw.com
Attorneys for Plaintiff
NEIL BOYD,
Plaintiff
v.
JILL H. BOYD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 98-4389 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PROOF OF SERVICE
AND NOW, this 13th day of April, 2006, the undersigned does hereby certify that she did,
on April 7, 2006, serve a copy of the Proof of Service of the Petition for Special Emergency
Relief upon the other party of record by causing same to be deposited in the United States Mail,
first class, Certified Mail, Return Receipt Requested, Restricted Delivery, postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows, as confirmed by the signed receipts attached
hereto as Exhibit A.
DATE: April 13, 2006
:273271
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
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By:( '..JAJ.llLaduL { ,(MfUt'(t..-<. -7v'--""
Cassandra T. Rosenb'aum
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CERTIFIED MAIL.. RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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Certified Fee
Return Reciept Fee
(Endorsement Required)
Restricted Delivery Fee
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Total Postage & Fees $
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NEIL BOYD
vs.
98-4389
CIVIL ACTION LAW
JILL H. BOYD
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this .zr..' day of "Y^' / , 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
I. The prior Order of this Court dated May 28, 2003 shall continue in effect.
2. The parties shall not discuss, either directly or indirectly, with the Children any financial
issues related to child support or otherwise and any parenting conflicts between the parties.
3. The parties shall discuss any proposals to change the custody schedule with the other parent
prior to informing the Children of a potential change.
4. The parties agree that by this Order, the Mother's Petition for Special Relief and the Father's
counterclaim thereto are resolved.
5. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. Tn the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
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cc: ~k C. Duffie, Esquire - Counsel for Mother
;:.6aig S. Boyd, Esquire - Counsel for Father
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NEIL BOYD
vs.
98-4389
CNIL ACTION LAW
JILL H. BOYD
Defendant
IN CUSTODY
Prior Judge: Kevin A. Hess
CUSTODY CONCILlA nON SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Matthew Boyd
Anna Boyd
July 18, 1991
July 12, 1994
MotherlFather
MotherlFather
2. A custody conciliation conference was held on April 20, 2006, with the following
individuals in attendance: The Mother, Jill H. Boyd, with her counsel, Mark C. Duffie, Esquire, and
the Father, Neil Boyd, who appeared without his counsel, Craig S. Boyd, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
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Dawn S. Sunday, Esquir
Custody Conciliator