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Home My WebLink About95-01839 .:.:. .:+:." .:.:. .:.:. .:.:. .:.:. .:+:. .:+:. .:.:. .:.:. .:.;. .:.:. .:.:- .:.;. .:+;. .:+;. .:+;. .:+:- .:.:. .:.:.:....:.:. .:+:.::.:.:.~..:.:....:.;. .:+:. .:.;. .:.>--.:+:-";4 ;',. ...--.. ----------....----. -- .....-....---...----.............----..-. .........- -..-........... .,~ ~ ~ ~ .' ~ ~ ~.f ~ f'~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~~e PENNA. "'~~,;-'''r ~ ',' ~ ~.- '" ~ .'. ~ .'. ~ Denise J. Kidd Plaintiff i\ (I, 9.5",.1839, ................' ~ '.' ~ ',' \'1'1....11.-; ~ ~.f ~.~ ~ ~ ',' Terry L. Kidd Defendant :CFP #3:1 ({') batt' tA/nft " w '.' ~ ~" ~ ~ ',' DECREE IN DIVORCE AND NOW, "., ,~. 19",.""" lcf1,0".. it Is ordered and decreed that ..'",'..", ~,~~~~~. ,~: . ~.~~~. , , . . , . , , , , , ., , . , . , " plaintiff, and",., " " '.,." ,,', . , ,Ter;r,y, ,t.,., ,~~c;'Ip" .." ,. .,. , " ,."... defendant, ore divorced from the bonds of matrimony. tel .' ,.; .'. ~ ,,~ ~ ~. ; ~ ,,~ ~ .'~ ~ '.' f" ~ W ~.f The court retains jurisdiction of the following claims which have been raised of record In this action for which a final order has not yet been entered; ~ ~. W ~.f None ............. ....... ..... ....... ................ ............... .., .... ....f w ',' ,.".,.""."""""",.",...,.!/.,..-:..".,..."",,. .', ~ / lIy ,The Cnj<r~./ ,.~A ? ^th"I.t---~, "":tC.. t' A:.v~( 4.?i(.?:,.:'?f.. I, ~.l.' ..' ~ l../,'/. rL7 7 ~;;~J~c /'C ~t'~ ~,;< I .. ,;;' Prothonotary . ~ " , '1'1" ,.' ~ .' ~ " ~ ~ ? ~~>,;:: ....~:'- .:.:::;;::-::';''';:.:: .:.;, ',:.:: ::.:, , ,:.:: ::.:, , ,:.;: ,:.:,. ,:.:. ':.:' ,:.:, ,:.:, ,:.;. ':.:' .:.;. .:.;. .:+:. ':6:' .:.:. .:.;, ~ .:.;. 0:.:. .:.;. .:.;. ~ '.~ ~ '.' ::: ,~ .', * ~ '.' ~.~ * ~ '.~ f'~ ~ ~ '.' ~ '.' ~ '.' f'~ $ .', ~ ,.; * ~ ',' I, ~ ',' ~ '.' .' ~ '.' .;, ~ " ~ ~ ~.~ ~ :' ~ '.~ ~ ~ ',' ~ '.' ~ ',' ~ ',' l~ L., ~ ~ '.' ~ J. ,~ (..- 1." ~ .!- :~ ,~ . ' I,'. i~ DENISE j, KIDD, Plaintiff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA I, I I I I I i; , v, : CIVIL ACTION - LAW : IN DIVORCE TERRY L, KIDD, Defendant : NO, 95-1839 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record. together with the following information, to the court for enlry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301{d)(\) of the Divorce Code. 2. The Divorce Complaint was served on Terry L. Kidd on May 31. 1995 hy United States mail, certified. restricted delivery. 3. Date of execution of the plaintiff's aftidavit required hy Section 3301{d) of the Divorce Code: February 5. 1996; Date of service of the plaintiff's aftidavit upon the defendant: March 19. 1996. 4, Related claims pending: NOlie, 5, Defendant was served with notice of intention to tile praecipe to trallsmit record on April 15, 1996 hy United Slates Mail. certified. restricled ~a~/jA"J,l~ ONATlIAN A, DESSAULES Certified Legal Intern ~/~ (8~v- K ' IIERINE PEARSON Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 717/243-3639 FAX , DENISE J, KIDD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE TERRY L. KIDD, Defendant : NO, 95-1839 CIVIL TERM NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TO: Terry L. Kidd You have been sued in an action for divorce. You have failed to answer the complaint or file a counteraffidavit to the plaintiff's affidavit. Therefore, on or after May 15, 1996, the plaintiff can request the court to enter a final decree In divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verltied or a counteraflidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief, A COUNTERAFFIDA VIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS A'ITACHED TO THIS NOTICE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oftice, All arnlllgements must be made at least 72 hours prior to any hearing or business before the court. You must allend the scheduled conference or hearing, Court Administrator Cumberland Coumy Courthouse Carlisle, PA 17013 717/240-6200 v, APR ~ 6 /995 l,,J : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 95. I 83'bvIL TERM DENISE J. KIOD, Plaintiff, TERRY L. KIOD. Defendant, ORDER OF COURT AND NOW. this81(,~t1ay of ;:/f r,'! ,1995, upon consideration of the allached complaint, it is hereby directed that the parties and their respective counsel appear before, , ') ., Iv ~ ;, Sf. f'/1t'(kVli..:Jw:J f)..."" C:;. S..."l{M , the conciliator, at a 1 ' )<\ 1 , GUlllberlsl1d CellRl}' CSllrthause, on the:p1~day of M"1 ,1995, at I f' m., 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 pennanent order, FOR THE COURT, () ~1vd.d~( ~~dY Conciliator .-rj;, I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4th Floor CARLISLE, PA 17013 717/240.6200 flrR Z,j 2 55 PII'95 I.U; . . : I ! ~ ~, ,II I, ~ j. t , ',:r (.i. '. .'. . , ' 4.,)/;,.95' fed (}~ tr~-tb '~/I~~J 1/;)" 'fr 7~ f\l~ ~ dtf ,,/J!r .fir ~ J\'.,~ ~ 0 ,.j/t~ WHEREFORE, plainliff requesls the court to enler a decree in divoree dissolving lhe marriage, COUNT II. CUSTODY 9. Plaintiff repeats and rea lieges paragmphs one lhrough eight. 10. Plainliff seeks custody of lhe following child: Name Present Residence Age Michael M. Kidd 146 East Dauphin Street Enola, PA 17025 3 yrs. The child was not bom out of wedlock. The child is presently in the custody of Denise J. Kidd, the mother, who resides at 146 East Dauphin St., Enola, PA 17025. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Denise J. & 539 West Cumberland Rd. 11/91 to 4/92 Terry L. Kidd Enola, PA 17025 & Grandparents Denise J. & 4/92 to 1/93 Terry L, Kidd West Fairview, PA 17025 Denise J. Kldd 539 West Cumberland Rd. 1/93 to 3/93 & Grandparents Enola, PA 17025 Denise J, & 3/93 10 4/93 Terry L, Kldd West Fairview, PA 17025 Denise J. & 146 East Dauphin St. 4/93 to 8/93 Terry L. Kidd Enola, PA 17025 Plaintiff 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 child. 14. The best interest and pennanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the child since birth; b) Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) Piaintiff is willing to accept custody of the child; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child; e) Defendant has not indicated to plaintiff an interest In accepting custody of the child, 15. Each parent whose parental rights to the child have not been tenninated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her custody of the child, subject to visitation as the parties may agree to in the future, and such other relief as the court deems just, 0 0 \Jj ~{') U'J C'J " - = 0- j ro .. :r " , (..., ~ = "" ,.. '-' ""'" DENISE 1. KIOD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE TERRY 1. KIOD, Defendant ll?o"J9 : NO. 95- CIVIL TERM CERTIFICATE OF SERVICE I, Tina Simpson, Student Allorney, of the Family Law Clinic, hereby certify Utat I am serving a true and correct copy of Ute said Divorce Complaint on Ute defendant Terry L. Kidd, residing at c/o George Kidd, P.O. Box 481, Beallyville, KY 41311, by depositing a copy of Ute same in Ute United States mail, certified, restricted delivery, return receipt requested, postage prepaid, Utis 31st day of May, 1995. , ~i~~r;i~s~r}-1('>-0 Student Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 , --'--~-.~ -- ,~ l' . , " , . , _ . . '. . ~----'l' i, ~ - :-= P- '" Q ("I") ex:> ~:: ..~. "-',;'::'. UIc."<..J~ ,",X")M\ -0 '.,. ~~ ;s.:(.):"J 0)- 7-~.. '.'.\,n .'';'I~ ~,I. ,~I >>-. tll OZ. -~ 'olu.'uJ '~.L:s.:~ '-", 11..,""'1 c.> ~ . ~l v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA : CIVIL ACI'ION - LAW : IN DIVORCE AND CUSTODY DENISE J. KIOD, Plainitiff TERRY L. KlDD, Defendant : NO. 95-1839 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFlDA VIT UNDER SECI'ION 330[(d) OF THE DIVORCE CODE I. The parties to this action separated and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. fi4904, relating to unswom falsification to authorities. \/"" A C !c1,; /, Date r 11/; J, In u' I /~)()uJ'J!. /{j) DENISE J. 'DD i~: '..~ .. j. c:.: lU~" <'J ~~ c~; , f'- ' ... q,. .:~! Cf C... l,'-1' L::! :.j I ,. ,;l DENISE J, KIDD, Plaintiff : IN TIlE COURT or COMMON PLEAS or : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE TERRY L. KIDD, Defendant : NO, 95-1839 CIVIL CERTIFICATE OF SERVICE I, Katherine C, Pearson, Supervising Attorney, Family Law Clinic, hereby certify that I am serving a lrue and correct copy of Pluintiff's Mfidavit under Section 3301{d) of the Divorce Code on Terry L. Kidd. residing at c/o George Kidd. 1',0, Box 481, Beatty vi lie KY 41311. by depositing a copy of Ihe same In the United States mail, certified, restricted delivery, return receipt requested, postage prepaid, this 19th day of Murch, 1996. ;(adutl{ e. ,4Jt4-?-...- Katherine C, Peurson Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 I .110 wllh to rec.I~, Ih. following ..rvlc". 1I0r .n ..I,. lee" 1. 0 Add.e.. OJ t'.I'i' .l I,' 'it"'1 '.1,>1 ...,. .. ..~.SE D 11 ... Comp. 1 Me... I : =~r~. "ft'Y' .,,,ofthl,'cmnlOlhllwlc.n fltum thl. CI,II I: ... Anach thll form to lh1 front or the mlllpl,cl. or on the blc:k It 'pICI d~'Mt~mm; . . .. .. . ~. :~, . -. Wm,UA.tun1R'C.IptR.flIU'.t~t1onthemlllpl.c:.btIOWlhe.rtlcl.numbt' 2. oltrlcted De 'ti . -Tt\eR.tumR.ctlptwalahowtowhomth.lrtklew..d.llvl"dandth,d.1t .. .. .. f; ,\ & d.uv."d....." '. '," .." _ -;~~.- Coni It oatme.te, for ee. :~ 3. Ar\lcte,A,ddre..ed 10: . 4., Ar~cle Number -; G :'l,~lI L.I:(OO 4b, servlcoTYPoi il' SJOE8:;f?&f, K-I ro ~~:~~::~Od ~ ~~~Od:, J ,RO;\"eDll.%1 '. ~.proll M.II 0 ROlu'n Recolpl for I ;.~fhiYv'u...e:I::.~'l.floll I ,. , I :, l~,:.Sli~~.~~~~~ '''J1 PS Form ,December 1991 .. U,..O.P,O,".....07.1lJO I, ,. -, ..' ~ < ' , DOMESTIC RETURN RECEIp;r. Z 321, 829 057 ~ Receipt for Certified Mall No Insurance Cover ago Provldl!d ~ Do nol uso lor 'ntcrmnional Mail M' '\oIr.1 ISeo AO\lOlsol " APR - 6 /995 1,1'0' DENISE J. KIDD, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY TERRY L. KIDD, Defendant, : liJ'I : NO. 95- CIVIL TERM ORDER OF COURT f,f ) AND NOW, this 10 day of f.) (I~ I ~ 1995, on consideration of the attached petitioner's Affidavit, leave is granted to the petitioner to proceed in forma pauperis to the extent that she is relieved of all costs in this action. By the Court, _I.JLL~~O (~:. :>,Quc-\/ ], DENISE J. KIDD, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY TERRY L. KIDD, Defendant, : /53,,! : NO. 95- CIVIL TERM ATIORNEY'S AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Damon C. Hopkins, of the Family Law Clinic, attomey for the party petitioning to proceed in forma pauperis, certify that I believe petitioner is unable to pay the costs of instituting this action and that I am providing free legal service to petitioner. Plaintiffs Affidavit showing inability to pay the costs of litigation is attached hereto, Date .':U-- ('I/;~u - Damon C. Hopki6s Certified Legallnlem ~ "f-- TH AS M. PLACE Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 DENISE J. KIDD, Plaintiff, : [N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN[A v. : CIVIL ACT[ON - LAW : [N DIVORCE, CUSTODY TERRY L. KIDD, Defendant, : /8J'1 : NO, 95- CIVIL TERM t\FFIDA VIT SUPPORTING PETITION FOR LEAVE TO PROCEED INFORMA PAUPERIS 1, I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting the action, 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the infonnation below relating to my ability to pay the fees and,' costs is true and correct. (a) Name: Denise J. Kidd Address: 146 East Dauphin Street, Enola, PA 17025 Social Security No,: 208-52-7028 (b) Employment If you are presently employed, state Employer: Unemployed Address: N/A Salary or wages per month: N/A Type of work: N/A If you are presently unemployed, state Date of last employment: [991 Salary or wage per month: $680.00 per month (minimum wage) Type of work: Cashier - Hardees (c) Other Income within the past twelve months Business or profession: None Other self-employment: None Interest: None Dividends: None Pension and annuities: None Social security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Workman's compensation: None Public Assistance: $316,00 per month Other: None (d) Other contributions to household support Name: N/A Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: None Contributions from parents: None Other contributions: None (e) Property owned Cash: None Checking account: $30.00 Savings account: $0,00 Certificates of deposit: None Real estate (including home): None Motor vehicle: None Stocks; bonds; None Other: None (t) Debts and obligations Mortgage: N/A Rent: Public Assistance - HUD housing Loans: None Other: None (g) Persons dependent upon you for support Children, if any: Name: Michael M, Kidd Age: 3 yrs, Other persons: None 4, My husband, Terry L. Kidd, presently resides at Rt #1 Box 306, Union City, Oklahoma 73090, He is 22 years old, L.n ~ ,. .- ::c c.-. ." :r 0") = , ., .>: ''- ., ~"'" L' DENISE J. KIDD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 95-1839 CIVIL TERM TERRY L. KIDD, Defendant CIVIL ACTION IN CUSTODY ORDER OF COORT AND NOW, this I'l. day of ~l)\..( , 1995, upon consideration of the attached CUstody Conciliation Report, it is hereby ordered and directed as follows: 1. The Mother, Denise J. Kidd, shall have sole legal and primary physical custody of Michael M. Kidd, born November 17, 1991. 2. The Father, Terry L. Kidd, shall have periods of visitation with the Child as arranged by mutual agreement of the parties. 3. If either party desires to amend the terms of this Order, that party may Petition the Court to have this matter again scheduled with the CUstody Conciliator for a Conference. cc: Tina Simpson/Damon D. Hopkins, Terry L. Kidd - // ~':1IJ J. , I Family Law Clinic , '" ~ 1.11~/qr - C'fl<.,I """"~<.<<. " . ~. f'. I I I I \,' JUN 12 1151 AH '95 , '..l., :Jj' flCE or I'd. <:,('fliOI/?T,\r,y '-UHbEI;lI.lID C~~h TV P(~'l~,i! '..l1il~ DENISE: J. KIOD, IN THE: COURT OF COMI>lON PLEAS OF Plaintiff CUMBERLAND COUN'l'Y, PENNSYLVANIA vs. : NO. 95-1B39 CIVIL TERM : TERRY L. KIDO, CIVIL ACTION Defendant . IN CUSTODY . aJS'l'ODY CXH:ILIATIOO SlHIARY REPOOT IN ACXDIDANCE WI'l'H cnmERLAND CXUll'Y RULE OF CIVIL PROCEOORE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the Subject of this litigation is as follows: NAME: BIRTHDATE: CURRENTLY IN CUSTODY OF Michael M. Kidd November 17, 1991 Plaintiff/Mother 2. A Conciliation Conference was held on May 30, 1995, with the following individuals in attendance: The Mother, Denise J. Kidd, with her counsel, Tina Simpson, Student Attorney, Damon C. Hopkins, Certified Legal Intern, Family Law Clinic. The Father, Terry L. Kidd, resides in either Oklahoma or Kentucky and did not attend the Conciliation Conference. The Mother's counsel advised the Conciliator that Notice of the Custody Conciliation Conference had been mailed to the Father at his last known address in Oklahoma, however, the Mother had been advised the morning of the Custody Conciliation that the Father may be receiving mail at his brother's address in Kentucky. 3. The Mother stated that the parties have been separated since August 1993 and the Father has had no contact with the Child since January 1994. J\lthough the Mother believes that the Father has been in Pennsylvania several times since then, she stated that the Father made no effort to contact her or the Child in person, by telephone or through correspondence. The Child has lived with the Mother since his birth and the Mother currently resides with the Child in an apartment in Enola, Pennsylvania. The Mother stated that she does not believe that the Father is interested in establishing any kind of relationship with the Child. The Mother requested that she be granted sole legal and primary physical custody of the Child. The Mother indicated that she would be willing to arrange visitation with the Father by mutual agreement if he should attempt to contact the Child. 4. Based upon the Mother's representations, the Conciliator recommends entry of an Order in the form as attached. ~ Date Oaw... // .-<'tM1 d C';J Dawn S. Sunday, Esquire Custody Conciliator ~, /97'r- . ~~ m~ !ilg~ ti ~~~ii ~I ::J. '1'; " g' Jl ~:g ... .jJ 1l.<l;:Lt~ f, ~ " ... ~ ,S I ~ ""f. ..... . ("1(. 'il ,s ": .jJ [!! ~~~ c c il iJ, ill t :l 1f ".... QI ~ ~~~ ClIQ .... a I ... .c ~iil ~8 !l .H C ,~ '" c s,,~;.g ~i~ . ~. Wu tI ~ ~ ~ . W ...:I ~ I