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HomeMy WebLinkAbout99-070414 QQ- IN THE KO SCIUSKO CIRCUIT COURT 121 NORTH LAKE STREET WARSAW, INDIANA 46580 IN RE THE MARRIAGE OF THOMAS M. BOYD AND TAMMY L. BOYD CASE NO. 43C0l-9310-DR-648 FINAL DISSOLUTION DECREE SUBMISSION IN a N oij? L) , r i? e`Q Z0199, gp?YkOSp? ?l c.'?na, pIct/17 R This action was submitted for final hearing on September 12, 1994, upon a petition for dissolution of marriage which was filed October 1, 1993, more than sixty (60) days prior to its submission; there being in attendance at the final hearing the parties, each in person and with their respective attorneys. The Court having heard the evidence, stipulations. argument of counsel, and taking the issue under advisement, now enters its FINDINGS AND JUDGMENT. FINDINGS THE COURT FINDS: A. That the Court has jurisdiction of the parties, their marriage, their property, and their child, and that their marriage has suffered irretrievable breakdown and should be dissolved. B. That there remains dependent upon the parties one child, Ashlee Marie Boyd, now age 6, having been born July 2, 1988; and the respondent is not now pregnant of her husband. C. That in making its determination as to all issues before the Court including custody, the Court has put special emphasis on the demeanor of the parties in the Courtroom and the Court's perceived veracity of the parties. In rendering its final decision, the Court notes that it was, without question, proven to the Court that the petitioner in this matter, at least on one occasion, perjured himself before the Court. In so doing, the petitioner has called in to question before the Court all of the remainder of the testimony which he has given during the course of these proceedings. Upon review of all of the evidence presented, Boyd Dissolution Page 2 THE COURT FINDS that it is in the best interest of the minor child of the parties that the respondent should have custody and the petitioner have fixed visitation upon the fixed visitation schedule previously announced at the last hearing in this case and as set forth in the Standing orders of this Court. THE COURT FURTHER FINDS that support should be paid in accordance with the stipulated child support guideline provided to the Court in the amount of $80.00 per week to be paid to the Clerk of the Court for the use and benefit of the respondent in the support of the minor child of the parties, and the petitioner shall be required to maintain a policy of insurance insuring the health of the minor child of the parties, and that any uninsured medical expense shall be paid in accordance with the six percent rule. D. That there is, as of the time of hearing, a support arrearage due from the respondent to the petitioner in the amount of $756.00, which shall be treated as follows: the amount of support to be paid by the petitioner to the Clerk for the use of the respondent in support of the minor child shall be reduced by the amount of $30.00 per week until such time as all arrearages are paid in full at which time the reduction will cease and terminate. E. That since the result of this order is the effecting of a change in custody, such change in custody should take effect immediately following the completion of the current semester of the minor child's school or pre-school if she is now enrolled and if not should take effect January 1, 1995. F. That as between themselves the parties have reached an equitable agreement as to the division of all property and debts with the exception of those items addressed in Paragraph G below. G. That as to the kitchen items which are in contention the petitioner will be awarded all pots, pans, dishes and miscellaneous kitchen utensils and items with the exception of a microwave oven now in his possession which shall be turned over to the respondent at the same time as the changing custody of the minor child of the parties takes effect. Boyd Dissolution Page 3 B. That as to the 20-gauge mossberg shotgun the Court accepts the testimony of the petitioner that the shotgun was traded or sold by the petitioner, therefore awards the sum of $150.00 to the respondent for the value of the shotgun which the Court finds to have been her sole property. JUDGMENT IT IS THEREFORE CONSIDERED AND ORDERED: 1. That the marriage of the petitioner, Thomas M. Boyd, and of the respondent, Tammy L. Boyd, having suffered irretrievable breakdown is now dissolved and the parties are now restored to the status of unmarried persons. 2. That the respondent shall have the custody of the child of the parties with the change of custody to occur in conjunction with the change of semesters for the child's schooling if now enrolled or on January 1, 1995 if the child is not now enrolled in school or preschool, and that the petitioner shall have fixed visitation in accordance with the fixed visitation schedule as set forth in the Standing orders of this Court. The petitioner is ordered to pay to the Circuit Court Clerk as trustee for the use of the respondent the sum of $80.00 per week the first of which payment shall be due on the first Friday following change of custody, with a like payment each Friday thereafter until the obligation be terminated or modified; and, in addition, the petitioner shall be required to maintain a policy of insurance upon the health of the minor child with all uninsured medical expenses to be paid in accordance with the six percent rule. 3. That there existed at the time of final hearing arrearage and support due from respondent to petitioner in the amount of $756.00 and that, therefore, the amount of support to be paid by petitioner to respondent shall be reduced by the amount of $30.00 per week until such arrearage is completely repaid, at which time the reduction will immediately terminate. 4. That the stipulation between the parties as to marital assets and marital debts is approved and made a part of this order. Boyd Dissolution Page 4 That the marital pots, pans, dishes, silverware, miscellaneous kitchen utensils and all other kitchen items with the exception of microwave oven now in possession of the petitioner shall be awarded to the petitioner. Microwave oven shall be awarded to the res ondent to be transferred to her at the same time p as change of custody takes place. 6. That a judgment is entered against the petitioner and in favor of the respondent the amount of $150.00 in compensation for the 20-gauge mossberg shotgun, which petitioner sold or traded post-petition. 7. That the parties small further assure and upon request upon any party shall execute any reasonable document required to vest title of any item of property in the person found to be entitled to the same under this Decree executing all necessary deeds and assignments therefor. 8. That each party shall bear the cost of their litigation and pay their own attorney's fees. Dated: December 20, 1994. Gar Ca nun, Judge Kosciusko Circuit Court i Copies to: Richard Green Martin Morrison cc M H ? CS • C w : w ?Z ci x 03 - O M U l= 4 ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ?p L1? y ?Onn ? S Plaintiff vs. av?vru Defendant File No - 19q9 - p7241 - IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /Defendant in the above matter, having been granted a Final Decree in Divorce on the of ca- 19 _• hereby elects to resume the day and gives prior surname of this written notice pursuant to the provisions of 54 P.S. S 704. DATE: sc( Si natur Kt tlltlZkr1 I1 t t)(! I? \( IiYtE_/? Signature p) name being resumed COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND 1 day of l?n l?ht'i 19C(( , before me, a On the ?• he above affiant known to Notary Public, personally appeared t me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. i?. eCn L Notary Public NOTARIAL SEA ELAINE M. REGI, Notary Public City of Carlisle. 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