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HomeMy WebLinkAbout03-1748IN THE COURT OF COMMOAN PLEAS SHAWNTA BO, ERf ? CUMBERLAND COUNTY, Plat Np. v3 - l ??/ ? CIVIL TERM v. R : CIVIL ACTIONAND CUSTODY KEITH J. BOYS , IN DIVORCE Defendant SUED I1V COURT. If you wish to defYOd ag?warn d YOU HAVE BEEN a es, ou must take prompt action. o so the case may proceed without you ande decree of vorce or claims set forth in the following p g y nt ma also. be entered that if you fail to d ulrnent may be entered against you by the ? a e e p pers by tthe plaintiff. ann custod against you for any other claim or retie reques one or roperty or other rights important to you, including Y You may lose m y P or visitation of your children. d for divorce is indignities or irretrievable br Duns°lorsoi the When the group g. A list of marriage c marriage, you may request m rriagheonotart'] Cumberland County Courthouse, One available in the Office of the Courthouse Square, Carlisle, Pennsylvania 17013. OF O NOT FILE A CLAIM FOR ALIMONY?DA DIVOORCE IF YOU D OPERTY? LA,WYERS'S FEES OR EXPENY LO E HE RIGHT TO PR TED, YOU MA OR ANNULMENT IS GRAN CLAIM ANY OF THEM. R AT ONCE. U SHOULD TAKE THIS PAPER TOY oT AFFORD ONE, GO YO R OR CONK IF YOU DO NOT HAVE A LAWYE ONE THE OFFICE SET FORTH BELOW TO FIND TO OR TELEPH OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, P 800 990 9108 (717) 249-3166 OR ( ) l yip a+--. __ The Court of Common Pleas of Cumberland County is required by law to ns with Disabilities Act of 1990. For information about comply with the America accessible facilities and reasonable accommodations available to disabled individuals lease contact our office. All arrangements must be having business before the , please you must hearing or business before the court. made at least 72 hours prior to court, attend the scheduled conference or hearing. : IN THE COURT OF COMMON PLEAS SHAWNTA BO.YE R, CUMBERLAND COUNTY, A plainti NO. 03 -1-)415 CIVIL TERM v. R •: CIVIL ACTION CUSTODY KEITH J. BOYS , IN DIVORCE AND Defendant COMPLAINT Shawnta Boyer, who currently resides at 323 East Louther 1 plaintiff is Pennsylvania. Carlisle, Cumberland County, .Boyer, who currently resides at 323 East Louther 2. Defendant's Keith J Street, Carlisle, Cumberland County, Pennsylvania.. Plaintiff and Defendant have been bona fide residents in the 3, The diately previous to the filing of least six 6) months imme this Commonwealth for at Complaint. 1997 in The Plaintiff and Defendant were married on August 26, 4. Washington County, Maryland. COUNT -1- DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. Divorce is sought pursuant to the provisions of the Divorce Code, 7. 3301(c) and 3301(d), in that: a. The marriage is irretrievable broken. b. Plaintiff and Defendant have lived separate and apart since January 2003 and continue to do so. g. Plaintiff has been advised that counseling is available and that Plaintiff t to re uest that the court require the parties to participate in such may have the nigh q counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT 11- CUSTODY 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. The Plaintiff is Shawnta Boyer, who currently resides at 323 East Louther Street, Carlisle, Cumberland County, Pennsylvania. 12. The Defendant is Keith J. Boyer, who currently resides at 323 East Louther Street, Carlisle, Cumberland County, Pennsylvania. 13. The Plaintiff seeks custody of the following children: Mariah Boyer, brua 24, 1992 and Breanna Boyer, born February 14, 1993, who currently born Fe ry live at 323 East Louther Street, Carlisle, Cumberland County, Pennsylvania. 14. The children were born out of wedlock. 15. The children are presently in the custody of Shawnta Boyer, who currently resides at 323 East Louther Street, Carlisle, Cumberland County, Pennsylvania. ren's lifetimes, they have resided with the following . During the child 16 persons and at the following addresses: Name Address Date Shawnta and Keith Boyer and Ashley Marie Junkins (half-sister) Shawnta and Keith Boyer and Ashley Marie Junkins (half-sister) Shawnta and Keith Boyer and Ashley Marie Junkins (half-sister) Shawnta Boyer and Ashley Marie Junkins 323 E. Louther St. Carlisle, PA 510 N. Baltimore Ave. Mt. Holly Springs, PA 51 Ballpark Drive Gardners, PA 51 Ballpark Drive Gardners, PA Sept. 2000 to present 1997 to Sept. 2000 1995 to 1997 1992 to 1995 (half-sister) 17, The mother of the children, Shawnta Boyer, currently resides at 323 E. Louther St., Carlisle, Cumberland County, Pennsylvania. 1 8. Mother of the children, Shawnta Boyer, is married. 19. The father of the children, Keith J. Boyer, currently resides at 323 E. Louther St., Carlisle, Cumberland County, Pennsylvania.. 20. Father of the children, Keith J. Boyer, is married. 21. The relationship of plaintiff to the children is that of Mother. 22. The relationship of Defendant to the children is that of Father. 23. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 24. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 25. The Plaintiff does not know of a 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. 26. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor children, She has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the children; iii. Purchased, cleaned and cared for the children's clothing; iv. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; vi. Put the children to bed nightly, attending the children in the middle of the night, and awakened the children in the morning. b. The children have a psychological bond with the Mother. C. Mother is able to provide a stable environment for the children. 27. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the children to the Plaintiff/Mother. DATE 0± bL ©3 Respectfully submitted, ABom & KUTmAmsj L.L.P. Kara W. Haggerty ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION 1, SHAWNTA BOYER, verify that the statements made in this Divorce and Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. A3 Date SHAWNTA BOYS U zvo -,3 qj oC SHAWNTA BOYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 03-1748 CIVIL KEITH J. BOYER, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this Z / 0' day of April, 2003, in consideration of the attached petition, it is ordered and directed that the parties shall share legal and primary physical custody of the children who are the subject of this case. It is further directed that the residence of the children at 323 East Louther Street, Carlisle, Cumberland County, Pennsylvania, not be changed pending conciliation or further order of court. BY THE COURT, IvAk Kevi. Hess, J. Kara Haggerty, Esquire For the Plaintiff ,l yC. a / -03 Nathan C. Wolf, Esquire For the Defendant :rlm ?? 1'tl ? - .;', _ - - SHAWNTA BOYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1748 CIVIL ACTION LAW KEITH J. BOYER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 13, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: 7s7 Jacqueline M Verney, Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T1-1E 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) 249-31.66 QV Ca AT se wd 6e ddv co ?i SHAWNTA BOYER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NO. 03-1748 CIVIL TERM KEITH J. BOYER, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY TO: THE PROTHONOTARY OF SAID COURT PRAECIPE TO WITHDRAW DIVORCE AND CUSTODY COMPLAINT Upon agreement of the parties, please withdraw the above captioned Divorce and Custody matter. Respectfully submitted, ABOM& KUTULA"S, L.L.P. DAB U o ( 0 3 AA? L41z: Kar a W. HaggeID No. 86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ?y "..... __ , . (1 rn 21 ? S3 MAY 1 3 2003 SHAWNTA BOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1748 CIVIL TERM KEITH J. BOYER, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 13th day of May, 2003, the Conciliator being advised that the matter has been withdrawn, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, A? , Y4"'L? ac line M. Verney, Esquire, C tody Conciliator ? ? ?' t;7?r .- __ ? '?- r- 'i.. - _ _ ._ >> ,. _ SHAWNTA BOYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2003 - 1748 Civil Term KEITH J. BOYER, ACTION IN CUSTODY Defendant PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Shawnta Boyer, Petitioner, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Shawnta Boyer, Petitioner, (hereinafter referred to as "Mother"), is the Plaintiff in the above-captioned matter, and is an adult individual currently residing at 45 W. Baltimore Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Keith J. Boyer, Respondent, (hereinafter referred to as "Father") is the Defendant in the above-captioned matter, who resides at 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17015. 3. The parties are the natural parents of two children, namely: Mariah L. Boyer, born 2/24/92 (16); Breanna K. Boyer, born 2/14/93 (15). 4. An Order was entered in this matter on April 21, 2003, pursuant to a petition for special relief. A copy of that order is attached. 5. Since the last Order, the parties have moved and no longer reside at the Louther Street address. 6. On or about December 30, 2008, Plaintiff filed a Petition for Protection from Abuse. 7. A hearing on that matter is currently set for January 7, 2008 at 3:15 p.m. before Judge Oler. 8. On or about December 30, 2008, a Temporary Order was entered, under docket No. 2000 - 6579, pursuant to the recent Petition for Protection from Abuse, which provided that Mother had primary custody of the parties' two children, and that Father has "periods of visitation agreed upon by the parties.' 9. A substantial change of circumstances has occurred since the prior Order in that the parties have moved and recently separated. 10. Mother is requesting that the current custody Order be modified to provide her with primary physical custody of the children. 11. It would be in the best interest of the children to modify this Order because a substantial change of circumstances has occurred and the prior Order does not adequately provide for the children. 12. It is believed and averred that the best interest and permanent welfare of the children will be promoted by changes proposed in this custody petition because the modification will ensure the children's safety and well being as Mother has been their primary caretaker for the majority of their lives. WHEREFORE, Plaintiff requests the court to hold a conciliation to examine issues regarding custody of the children. Date: 116 Iq Respectful ie Adams, Esquire No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF SHAWNTA BOYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-1748 CIVIL KEITH J. BOYER, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this z / 0' day of April, 2003, in consideration of the attached petition, it is ordered and directed that the parties shall share legal and primary physical custody of the children who are the subject of this case. It is further directed that the residence of the children at 323 East Louther Street, Carlisle, Cumberland County, Pennsylvania, not be changed pending conciliation or further order of court. Kara Haggerty, Esquire For the Plaintiff Nathan C. Wolf, Esquire For the Defendant, Am BY THE COURT, VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: /6q Shawnta Boyer, Petit n IMP a r SHAWNTA BOYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH J. BOYER DEFENDANT 2003-1748 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, January 12, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 12, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 3kf 'V` taq- r ? 0 :6 Nd C ! NVr 6082 llIllQN6 i. '-'l"-l ,'"ll jQ FEB s Zook SHAWNTA BOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1748 CIVIL ACTION - LAW KEITH J. BOYER, . Defendant : IN CUSTODY KEITH J. BOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-0153 CIVIL ACTION - LAW SHAWNTA M. BOYER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this q ` day of rni&,4 , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated April 21, 2003 is hereby vacated. 2. The Mother, Shawnta M. Boyer and the Father, Keith J. Boyer, shall have shared legal custody of Mariah L. Boyer, born February 24, 1992 and Breanna K. Boyer, born February 14, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, 4 extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody of the children on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 5. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the children during Block A in odd numbered years and Block B in even numbered years. Father shall have physical custody of the children during Block A in even numbered years and Block B in odd numbered years. 6. Thanksgiving and Easter shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. as agreed by the parties. 7. Father shall have physical custody of the children for 2 non-consecutive weeks in the summer, provided he give Mother 30 days prior notice. Transportation shall be shared such that the relinquishing party shall transport. 9. Neither parry may do or say anything, nor permit a third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love and affection for the other party. 10. 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 terms of this Order shall control. BY THE COURT, Kevin y1less, J. cc" J e Adams, Esquire, Counsel for Mo er ?Lee Oesterling, Esquire, Counsel for Father Cap Qs M.,u L ??l .'' tf) r SHAWNTA BOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1748 CIVIL ACTION - LAW KEITH J. BOYER, Defendant : IN CUSTODY KEITH J. BOYER, Plaintiff V. SHAWNTA M. BOYER, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-0153 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mariah L. Boyer February 24, 1992 Mother Breanna K. Boyer February 14, 1993 Mother 2. A Conciliation Conference was held in this matter on February 12, 2009, with the following in attendance: The Mother, Shawnta M. Boyer, with her counsel, Jane Adams, Esquire, and the Father, Keith J. Boyer, with his counsel, Lee Oesterling, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated April 21, 2003 providing for shared legal custody and shared physical custody. The McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy@mwn.com Attorneys for Plaintiff ? FlL? pCE :.,j+RY 2Qi0FiQ 2' g; i3 cull ^r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. SHATTO Plaintiff, V. VICKI J. SHATTO, Defendant, NO. 05-1748 Civil Term CIVIL ACTION - LAW IN CUSTODY ENTRY OF APPEARANCE Please enter my appearance on behalf of Plaintiff David B. Shatto in the above- captioned matter. Respectfully submitted, McNEES WALLACE & NURICK LLC B Paul H y Dated: March 24, 2010 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by hand-delivery upon the following: Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 ?Mii helle Armour, egal Secretary Dated: March 24, 2010