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HomeMy WebLinkAbout03-5852KELLY OYER, Plaintiff V. WILLIAM BOSWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N CUSTODY NO. CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Kelly Oyer, by her attomeys, the Family Law Clinic, sets forth the following action: 1. The plaimiff is Kelly Oyer (hereinafter "mother"), residing at 422 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendam is William Boswell (hereinafter "father"), residing at 3450 Spring Rd., Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Clarissa Oycr 3450 Spring Rd, Carlisle, PA 10/28/98 The Child was bom out of wedlock. Thc Child is presently in the custody of William Boswell, who resides at 3450 Spring Rd, Carlisle, PA, 17013. During the past five years, Child has resided with the following persons and at the following addresses: Persons Address Dates William Boswell 3450 Spring Rd., Carlisle, PA 17013 & Nanette Jenkins (Nanette might have left the residence) 6/02 - present Kelly Oyer & 422 Fairground Avenue, Carlisle, PA 1/99 - 6/02 Ken Eckenrode Kelly Oyer & 111 N. Hanover St., Apt. R, Carlisle, PA Birth - 12/98 Ken Eckenrode The mother of the Child is Kelly Oyer, hereinafter "Mother," currently residing at 422 Fairground Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. She is single. The father of the Child is William Boswell, hereinafter "Father," currently residing at 3450 Spring Rd., Carlisle, Cumberland County, Pennsylvania, 17013. He is single. 4. The relationship of the plaintiff to the child is that of mother. Mother resides with the following persons: Name Ken Eckenrode Relationship Boyfriend with the following persons: Name unknown (Father may reside with Nanette Jenkins) The relationship of the defendant to the child is that of father. Father currently resides Relationship girlfriend 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Mother does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Mother is able to provide a home with adequate moral, emotional, and physical surroundings for the child. b)Mother is willing to accept joint custody of the child. Mother and Father reside approximately two miles apart in the same school district. c) Mother enjoys the love and affection of the child. d) Mother is best able to provide the care and nurturing which the child needs for healthy development. e) Mother would encourage frequent and continuing contact between Father and child. Mother is the parent more likely to encourage a relationship between the child and the other parent. Father has not fostered Mother's relationship with the child, as he has denied Mother access to the child since June of 2003. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Mother requests the court grant her shared legal and physical custody of child, Clarissa Oyer. Date: /(~/~c?//~_~,~ Certifie~ Legal Intern ANNE MACDONALD FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717/243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best oftny personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. / ~'~ Kelly-~Oyer, ~laintifff KELLY OYER, Plaintiff WILLIAM BOSWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : NO. ,o3- -5'~'~---- CIVIL TERM PRAECIPE TO PROCEED 1N FORMA PAUPERIS Kindly allow Kelly Oyer, Plaimiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Mary Cla~/omb Ku~_// Certified Legal Imern ROBERT E. RAINS ANNE MACDONALD FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 KELLY OYER : PLAINTIFF : WILLIAM BOSWELL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5852 CIVIL ACTION LAW iN CUSTODY ORDER OF COURT AND NOW, _ Friday, November 14, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert 32 Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 11, 2003 at 10:30 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: /s/ Hubert X. Gilroy. 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Stre, et Carlisle, Pennsylvania 170 l 3 Telephone (717) 249-3166 KELLY OYER, Plaimiff V. WILLIAM BOSWELL, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. CIVIL TERM PROOF OF SERVICE I, Mary Claycomb Kulp, hereby certify that I served a mae and correct copy of the Custody Complaint on William Boswell, residing at Spring Road, Carlisle, PA, 17013, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by William Boswell on the 24 day of November, as evidenced by his signature on the attached green card. Mary ~,~(ycomb Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 170.13 717-243-2968 KELLY OYER, Plaintiff WILLIAM BOSWELL, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW iN CUSTODY NO. 03-5852 CIVIL TERM PROOF OF SERVICE I, Mary Claycomb Kulp, hereby certify that I served a true and correct copy of the Custody Complaint on William Boswell, residing at Spring Road, Carlisle, PA, 17013, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by William Boswell on the 24 day of November, as evidenced by his signature on the attached green card. Mary (~aL~c0m Certi ef~Legallleftem FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so thet we can return the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. C. Slgnsture If YES, enter delivery addre~ below: [] Agent [] Addressee [] No 3. Se~lce Type ~.Certlfled Mall [] Express Mai [] Registered ~lsturn Receipt for Merchandise [] Insured Mail [] C.O.D, 4. Restricted Delivery? (Extra Fee) .2~es KELLY OYER, Plaintiff V WILLIAM BOSWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 5852 CIVIL : IN CUSTODY COURT ORDER AND NOW, this~.~ ~da~f ~f December, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled~Courtroom No._ ~_ __ of the Cumberland County Courthouse on the__&_. day of Fa~,'--~ , 2004, at ~;OO ~ .M. At this hearing, the Mother, Kelly Oyer, shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have legal counsel, shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each party's position on these issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shah be filed at least five (5) days prior to the mentioned hearing date. Pending further order of this court, it is ordered and directed that the Father, William Boswell, shall enjoy legal and physical custody of the minor child Clarissa Oyer, born October 28, 1998. The Mother, Kelly Oyer, shall enjoy periods of temporary physical custody with the minor child as follows: On alternating weekends from Saturday at 9:00 a.m. until Sunday at 6:00 p.m. These alternating weekends shall commence on Saturday, December 20, 2003. On Christmas Day, Mother shall have custody of the minor child from 2:00 p.m. on Christmas Day until 9:00 p.m. on December 26~. During the time Mother enjoys custody of the minor child, Mother shall ensure that her 13 year old son is not also in her custody. Once Father retains legal counsel, legal counsel for the Father may contact the conciliator directly in the event he or she feels another custody conciliation conference, either an in person conference or a telephone conference call, may facilitate a resolution of this case prior to the hearing as set forth above. CCI Mary Claycomb~Kulp Dickinson School of Law Family Law Clinic William Boswell 3450 Spring Road Carlisle, PA 17013 KELLY OYER, Plaintiff WILLIAM BOSWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 5852 CIVIL : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Clarissa Oyer, born October 28, 1998. A Conciliation Conference was held on December 11, 2003, with the following individuals in attendance: The Mother, Kelly Oyer, with her representative, Mary Claycomb-Kulp of the Dickinson School of Law Family Law Clinic; and the Father, William Boswell, who appeared withont counsel. Father has had primary custody of the minor child for at least the past 18 months. There was a period of time when Children & Youth Services was supervising the case and a family plan was created whereby the Father and his girlfriend were caring for the child. Apparently, the Mother was not involved at that time, and the family plan was not even signed by the Mother. Mother now seeks shared custody of the minor child. Facts developed at the custody conciliation conference indicate that Mother has not had a great deal of contact with the minor child over the past year or so. However, the Father did let the child stay with the Mother for approximately 3 days two weeks ago. Father has concerns with respect to the environment where Mother lives, Mother's other 13 year old male child who Father believes may have previously perpetrated an assault on Clarissa and some other concerns with respect to the Mother's ability to properly care for the child. Father is suggesting that Mother not have primary custody and Father is even somewhat reluctant to an agreement relative to Mother enjoying some temporary custody. A hearing is required. Based upon the facts presented at the custody conciliation conference, especially relating to the Mother's lack of contact with the child but taking into consideration that Mother recently spent a few overnights with the child, the conciliator recommends an interim order in the form as attached. KELLY OYER, Plaintiff/Petitioner WILLIAM BOSWELL, Defendant/Respondant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 03-5852 CIVIL TERM PETITION TO CANCEL CUSTODY HEARING The Petitioner, Kelly Oyer, by and through her attorneys, the Family Law Clinic, hereby petitions this Honorable Court to cancel the Custody hearing scheduled for Thursday, February 5, 2004, at 1:00 p.m. In support of this petition, Petitioner represents the following: 1. Petitioner is Plaintiff, Kelly Oyer, mother of the subject minor child. 2. Respondant is Defendant, William Boswell, father of the subject minor child. 3. On November 5, 2003, Petitioner filed a Custody Complaint seeking joint custody of minor child, Clarissa Oyer, born October 28, 1998. 4. A Custody Conciliation was held on December 11, 2003 in front of conciliator Hubert Gilroy. On December 23, 2003 a temporary Custody Order was issued, by this Court, giving Petitioner partial custody. 5. A hearing on this matter is scheduled for February 5, 2004 at 1:00 p.m. 6. Petitioner and Respondent have since come to an agreement regarding the custody arrangement for Clarissa Oyer. 7. Respondent, who is proceeding pro se, has consented to the cancellation of the hearing. Respondent has been advised of his right to obtain counsel and he has waived that right. Respondent was not influenced or coerced in any way to consent to the cancellation of the Custody Hearing. WHEREFORE, Petitioner respectfully requests that this Court .cancel the Custody Hearing scheduled for February 5, 2004 at 1:00 p.m. Respectfully Submitted, DATE: Certifi~/t Legal~Intem Robert E. Rains Lucy Johnston-Walsh Anne MacDonald ]Vox Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 KELLY OYER, Plaintiff WILLIAM BOSWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 03-5852 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 26th day of January, 2004, between Kelly Oyer (hereinafter "Mother"), and William Boswell (hereinafter"Father"), concerns the custody of their child, Clarissa Oyer, born on October 28, 1998. Mother and Father desire to enter into an agreement regarding the custody of the child. Mother and Father agree to the following: 1. Mother and Father shall have shared legal custody of their child. All decisions affecting the child's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with the view towards obtaining and following the child's best interest. Such decisions shall include, but not be limited to, all medical and dental treatment, religious upbringing, education, scholastic or athletic pursuits, and other extracurricular activities. 2. Mother and Father shall share physical custody of the minor child on a week on, week offbasis (alternating weeks). The custody week shall begin on Sunday at 2 p.m. and shall end on the following Sunday at 2 p.m. 3. Transportation instant to the custodial exchanges shall be p~:ovided by the parent receiving the child. 4. Mother and Father shall share custody of the child on holidays including Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. The parties shall mutually agree upon the times of the custodial periods. 5. Mother shall have custody of the child on Mother's Day, and Father shall have custody of the child on Father's Day. The times for these visits shall be scheduled per agreement by the parties. 6. Mother and Father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. 7. Mother and Father shall keep one another advised of their current address and telephone number. 8. Mother and Father shall notify each other of all medical care the child receives while in that parent's care. Father and Mother shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 9. Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent 10. Mother and Father intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. 11. Mother is represented by the Family Law Clinic. 12. Father has been advised of his right to obtain legal counsel, but has decided to proceed in this matter pro se. Father has not been coerced or influenced in any way to sign this agreement. 13. The parties have agreed tha~ the Custody Hearing scheduled for Thursday, February 5, 2004 at 1:00 p.m. is to be canceled. Father Mother- x ~ - Mary~layco~.b-Kulp / Cer~ed Legal Intern ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD FOX Supervising Attorneys Attorneys for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 KELLY OYER, Plaintiff/Petitioner WILLIAM BOSWELL, Defendant/Respondent Jh~8 2004 : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : : NO. 03-5852 CIVIL TERM ORDER AND NOW, this day o]7 ~ ,2004, upon consideration of Petitioner's Petition to Cancel Hearing, it is so ordered and directed that the hearing scheduled £or February 5, 2004, at 1:00p.m. shall be canceled. The at~ached Custody Agreement is approved and is hereby entered as the current Custody Order. BY THECOURT, The Honorable Edward E. Guido KELLY OYER, Plaintiff WILLIAM BOSWELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CWIL ACTION - LAW : IN CUSTODY NO. 03-5852 CIVIL TERM _PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C. S. §4904 (relating to unsworn falsification to authorities), the undersigned verifies that the Family Law Clinic mailed a true copy of the Divorce Complaint to the Defendant by placing the same in the U.S. Mail, certified no. 7002 0860 0001 5847 8448, restricted delivery, return receipt requested, postage.prepaid, on the 27th day of January, 2004, addressed as follows: William Boswell 230 N. Pitt Street Carlisle, PA 17013 Sender's receipt number 7002 0860 0001 5847 8448, is attached hereto and incorporated by reference. On or about the 29th day of January, 2004, green return receipt number 7002 0860 0001 5847 8448, was delivered to the Family Law Clinic, bearing the signature of William Boswell, and showing a date of service of the 28th of January, 2004. The return receipt is attached hereto and incorporated by reference. FAMILY LAW CLINIC 45 N. Pitt St Carlisle, PA 17013 (717) 342-2968 ~ er;Fi