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Home My WebLink About08-7073 JAMES R. BOOP, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ?. 7 6 7 3 c:( crm. HOLLY L. TEAL, CIVIL ACTION - CHILD CUSTODY Defendant COMPLAINT IN CUSTODY 1. Plaintiff is James R. Boop, an adult individual residing at 106 Virginia Beach Avenue, Carlisle, Pennsylvania 17015. 2. Defendant is Holly L. Teal, an adult individual residing at 159 N. Locust Pointe Road, Mechanicsburg, Pennsylvania 17050. 3. The parties are the natural parents of the following minor child: Brittany Lynn Boop, born March 19, 1996 (hereinafter, "the child"). 4. The child was born out of wedlock. 5. The child is presently in the custody of Defendant, who resides at 159 N. Locust Pointe Road, Mechanicsburg, Pennsylvania 17050. 6. During the past five years, the child has resided with the following persons and at the following addresses: Names Addresses Dates Holly L. Teal 159 N. Locust Pointe Road 8/1/08 - present Chris Teal Mechanicsburg, PA 17050 Janice Teal Holly L. Teal 159 N. Locust Pointe Road 12/05 - 8/1/08 James R. Boop. Mechanicsburg, PA 17050 Chris Teal Janice Teal Holly L. Teal James R. Boop Chris Teal Janice Teal 7.The mother of the child is Defendant Holly L. Teal , residing with the child at 159 N. Locust Pointe Road, Mechanicsburg, Pennsylvania 17050. She is single. 8. The father of the child is Plaintiff James R. Boop, who resides at 106 Virginia Beach Avenue, Carlisle, Pennsylvania 17015. He is single. 9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship No one other than himself 10. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Chris Teal Janice Teal 84 Regency South 1998 -12/05 Carlisle, PA 17015 Relationship Brother Mother 11. 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 another court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. 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. 14. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) the Plaintiff Father has lived continuously with his daughter for the past twelve years; b) the Defendant Mother has interfered with Father's continuing contact with his daughter since their separation on August 1, 2008; and c) the emotional, physical and/or spiritual development of the child will be enhanced by maintaining continuing contact with her Father. WHEREFORE, Plaintiff requests that the Court grant to him partial physical and shared legal custody of the child, Brittany Lynn Boop. Respectfully submitted, Join M. Kerr, Esquire Attorney 1. D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, James Bopp Dated: December 2, 2008 VERIFICATION The undersigned, James R. Boop, hereby states that he is the Plaintiff in the foregoing custody action and, as such, is authorized to execute this Verification and that any factual statements contained in the preceding Complaint For Custody are true to the best of his knowledge, information and belief. He understands that any false statements are subject to the penalties prescribed at 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. James R. Boop JAMES R. BOOP, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. HOLLY L. TEAL, Defendant NO. CIVIL ACTION - CHILD CUSTODY CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Complaint In Custody," on the below-named individual in the manned indicated. VIA CERTIFIED MAIL and HAND-DELIVERY Holly L. Teal 159 N. Locust Pointe Road Mechanicsburg, PA 17050 W, John M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, James R. Boop Dated: December 2, 2008 ? ? B1y_U ( N V 1 f V `?,, W Q 1 `? r°' C? r? _ tea ???? _J ?_? S 1 W ?..? ? ? s. jZ! h ?? ?? (_? C3. .? ^?. JAMES R. BOOP IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-7073 CIVIL ACTION LAW HOLLY L. TEAL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, December 08, 2008 , 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, January 06, 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/ Jacqueline M. Verney,Esq• . /yYN _ Custody Conciliator F 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 6 rw ' I q j 6- 330 OOOL 3Hi 7J4nl-4?3 iU ?V . ' A FEB 0 1 L_,J6 JAMES R. BOOP, Plaintiff V. HOLLY L. TEAL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7073 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this (O day of FA?t`?"? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James R. Boop and the Mother, Holly L. Teal, shall have shared legal custody of Brittany Lynn Boop, born March 19, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child 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 child. 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, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody on alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. 4. Father shall have two non-consecutive weeks, including his alternating weekend, during the summer, provided he give Mother 30 days prior notice. 5. Holidays: A. Easter shall be shared as agreed such that one party shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. and the other party shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 9:00 p.m. C. Father shall always have physical custody of the child on Memorial Day and Labor Day and Mother shall always have physical custody on July 4th all from 9:00 a.m. to 9:00 p.m. D. Thanksgiving shall be divided such that Father shall always have physical custody of the child from 8:00 a.m. to 2:00 p.m. and Mother shall always have physical custody from 2:00 p.m. to 8:00 p.m. E. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. F. Father shall have physical custody of the child on Father's birthday from 9:00 a.m. to 9:00 p.m. G. Mother shall have physical custody of the child on Mother's birthday from 9:00 a.m. to 9:00 p.m. H. The parties shall have at least four hours of time with the child on her birthday or the day before her birthday, as agreed. 6. In the event that Mother is unavailable to care for the child for more than 8 hours, she shall contact Father and offer said custodial time to him. 7. Transportation shall be shared such that the receiving party shall transport. 8. The parties shall have reasonable telephone contact. 9. The parties shall not discuss custodial matters in front of the child. 10. Neither party shall do or say anything nor permit a third party from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 11. 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. J. ZC, 5:-John M. Kerr, Esquire, Counsel for Father Holly L. Teal, pro se 159 N. Locust Pointe Road Mechanicsburg, PA 17050 frS ?'? O-CVF a.j L. I Cq tz/q VI d` A-MENNOd 0 :01 WV 9- 033 60OZ O1ONUI- LOl d 3H I ?O 3OLLA O--Q3113 It JAMES R. BOOP, Plaintiff V. HOLLY L. TEAL, Defendant PRIOR JUDGE: None 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 Child who is the subject of this litigation is as follows: NAME Brittany Lynn Boop : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7073 CIVIL ACTION - LAW IN CUSTODY DATE OF BIRTH CURRENTLY IN CUSTODY OF March 19, 1996 Mother 2. A Conciliation Conference was held in this matter on February 2, 2009, with the following in attendance: The Father, James R. Boop, with his counsel, John M. Kerr, Esquire, and the Mother, Holly L. Teal, pro se. 3. The parties agreed to an Order in the form as attached. eZ-.A-09 Ql?e?on"? A Date acq line M. Verney, Esquire Custody Conciliator