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HomeMy WebLinkAbout04-50771N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID W. BOYER, : Plaintiff :No. J'/' ~Oq ~[ JAN L. BOYER, : IN CUSTODY Defendant : COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, David W. Boyer, by his Attorney, David T. Kluz, and brings before this Honorable Court the following Complaint For Custody. In support of the Complaint, the following is alleged: The plaintiffis David W. Boyer residing at 611 B Street, Enola, Cumberland County, PA 17025. 2. Cmnberland County, PA 1701 h 3. The defendant is Jan L. Boyer residing at 75 North 31st Street, Camp Hill, Plaintiff seeks custody of the following child: Ashley J. Boyer Residing at 75 North 31st Street Age 14 Camp Hill, PA 17011 The child was not bom out of wedlock. The child is presently in the custody of Jan L. Boyer who resides at 75 North 31 st Street, Camp Hill, Cumberland County, PA 1701 l. During the past five years, the child has resided with the following persons and at the following address: Jan, Dave, Ashley Jan's Parents, Jan, Ashley *Rob Shaw, Jan, Ashley *Rob Shaw, Jan, Ashley *Jeff Smith, Jan, Ashley Central PA Bus Sch. Summerdale, PA 6 Briarwood Ct, Camp Hill, PA 3823 Pamay Dr. Mechanicsburg, PA 2600 Yale Ave. Camp Hill, PA 120 S. 31st Street Camp Hill, PA 1991-1993 1993-1998 1998-2000 2000-2001 2001-2004 (Boyfriend lived with them in the beginning, he sold house to Jan and purchased his own home within 1-2 months.) Jan and Ashley 75 N. 31st Street 2004-Current Camp Hill, PA *Boyfriend The mother of the child is Jan L. Boyer, currently residing at 75 N. 31st Street, Camp Hill, PA 17011, Cumberland County. She is single. The father of the child is David W, Boyer, currently residing at 611 B Street, Enola, PA 17025, Cumberland County. He is married. 4. The relationship of plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Joanie Boyer Wife Heather Neely Step-Daughter Cody Neely Step-Son 5. The relationship of the defendant to the child is that of natural mother. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: /4 1~ Plaintiffhas no information ora custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and mm~ber, and its relationship to this action is: ~ 9 ~ ~ 7. The best interest and permanent welfare of the child will be served by granting the relief requested because the defendant refuses to negotiate or discuss the conditions of visitation. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: ~K) ~ [, ~ Wherefore, plaintiff requests the court to grant custody of the child. Date: October ~, 2004 David T. Kluz, Esquire j I.D. # 18005 ,J 212 Locust Street, Suite 500 Harrisburg, PA 17101 (717) 238-8183 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are tn~e 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. Plaintiff DAVID W. BOYER .' 1N THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 04-5077 CIVIL ACTION LAW JAN L. BOYER : IN CUSTODY DEFENDANT ORDER OFCOURT AND NOW, Thursday, October 14, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before l~Iubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 29, 2004 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. All children age five or older may also be present at the conference. Failure to ap'oear 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. mhc 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 'DIE 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 DAVID W. BOYER, Plaintiff V JAN L. BOYER, Defendant 3 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5077 IN CUSTODY COURT ORDER AND NOW, this,t3g~ day of November, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Jan L. Boyer, and the father', David W. Boyer, shall enjoy shared legal custody of Ashley J. Boyer, born December 30, 1989. 2. The mother shall enjoy primary physical custody of the minor child. 3. Father shad enjoy periods of temporary physical custody of the minor child as follows: a. On alternating weekends from Friday at 4:30 p.m. until Sunday at 8:00 p.m. b. During the summer months, father shah also enjoy custody on every Wednesday from 4:30 p.m. until Thursday at 4:30 p.m. However, in the event father is not available during the day on Thursday because of work or otherwise and Ashley contacts the mother to request return to the mother, Ashley can be returned to the mother's custody at that point. 4. The parties shah alternate major holidays including Easter, Memorial Day, July 4, Labor Day and Thanksgiving. The time frame shall be from 9:00 a.m. until 8:00 p.m. Father shah have custody on Thanksgiving 2004 with the parties alternating thereafter. 5. Mother shall always have custody on Mother's Day and father shah always have custody on Father's Day. 6. Father shall enjoy 2 weeks of vacation ~dth the minor child during the summer months or over the Christmas Holiday if so selected. Recognizing So 0 that the parties each have an opportunity to go on a week vacation at the beach with their family and those weeks traditionally conflict, in those situations the parties will alternate that particular week each year. For 2005, father shall have the option of selecting the beach week in that year. The parties shall communicate with each other in ~he spring to ensure that father is able to schedule vacation time with the minor child but will not interfere with any of the child's school or athletic activities, and mother shall notify father immediately upon receiving information as to when those activities are scheduled. Over the Christmas holiday, the parties shall alternate custody, with the first segment being December 24 at noon until December 25 at noon, and the second segment being December 25 at noon until December 26 at noon. In 2004, father shall have segment A and mother shall have segment B with the parties alternating there after. The parties may modify the custody schedule set forth above assuming the agreement between the parties. Absent an agreement, this order shall control. The parties shall share transportation for exchange of custody, with the non- custodial parent picking the child up at the other parent's home or other location as agreed upon by the parties. Judge CC: v~eter Gianqiulio, Esquire ~David T. Kluz, Esquire DAVID W. BOYER, Plaintiff V JAN L. BOYER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04 - 5077 : IN CUSTODY 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: Ashley J. Boyer, born December 30, 1989. 2. A Conciliation Conference was held on October 29, 2004, with the following individuals in attendance: The mother, Jan L. Boyer, with her counsel, Peter Gianqiulio, and the father, David W. Boy,r, with his counsel, David T. Kluz. The parties agree to the entry of an order in the form as attached. DATE