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00-06579
SHAWNTA M. BOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 00-6579 CIVIL TERM KEITH J. BOYER, : PROTECTION FROM ABUSE Defendant IN RE: PROTECTION FROM ABUSE HEARING ORDER OF COURT AND NOW, October 5, 2000, the matter having been called for hearing, and the defendant having appeared pro se, and having requested the opportunity to obtain an attorney to represent him, at the defendant's request hearing in this matter is continued until Friday, October 13, 2000, at 9:15 a.m. in this courtroom. The defendant is cautioned that the protective order issued September 28, 2000, will remain in effect through that hearing, and he is also cautioned that hearing will proceed at that time whether or not he has a lawyer. The defendant has requested certain papers and items of clothing from his house; Mrs. Boyer agrees to gather the papers together and clothing and deliver them to her lawyer's office by 2:00 p.m. this afternoon, where the defendant may later appear to take possession of these items. David A. Baric, Esquire For the Plaintiff Keith J. Boyer, Defendant c/o Mt. Holly Springs Firehouse 100 Chestnut St. Mt. Holly Springs, Pa. 17065 d/ V 0 :mtf By the Court, 7 Q(" F1 W r, r SHAWNTA M. BOYER, Plaintiff V. KEITH J. BOYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- G 57f CIVIL TERM PROTECTION FROM ABUSE NOTICE You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. CUMBERLAND COUNTY BAR ASSOCIATION 4 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SHAWNTA M. BOYER, Plaintiff V. KEITH J. BOYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- G S 77 CIVIL TERM PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER n .?Q AND NOW, this ? day of xL,6:,vY%.c rC 2000, upon presentation and consideration of the within Petition, and upon finding that the Plaintiff, Shawnta M. Boyer, is in immediate and present danger of abuse from the Defendant, Keith J. Boyer, the following Temporary Order is entered. The Defendant, Keith J. Boyer, is enjoined from physically abusing the Plaintiff, Shawnta M. Boyer, or from placing her in fear of abuse. The Defendant is excluded from the marital residence located at 510 North Baltimore Avenue, Mt. Holly Springs, Pennsylvania, a residence which is jointly leased by the parties, and the Defendant is further ordered to stay away from that residence pending further Order of Court. The Defendant is ordered to refrain from having any direct contact with the Plaintiff pending a hearing on this matter. The Defendant is enjoined from harassing and stalking the Plaintiff and from entering the Plaintiff's place of employment. Plaintiff is awarded temporary custody of the two minor children, Breanna Boyer and Mariah Boyer pending further Order of Court. pjPRY CUME: ;u viCOUNTY PENNsw; VANVA A violation of this Order may subject the defendant to: 1) arrest under 23 Pa.C.S.A. section 6113; ii) a private criminal complaint under 23 Pa.C.S.A. section 6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S.A. section 6114, punishable by imprisonment up to six months and a fine of $100.00- $1,000.00; and iv) civil contempt under 23 Pa.C.S.A. section 6114.1. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the Plaintiff. A hearing shall be held on this matter on oylulu/,. , the J' day of s l?L , 2000 at in Courtroom numJbe`r_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Cumberland County Sheriffs Department shall attempt to make service at the Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The Pennsylvania State Police and the Mt. Holly Springs Police Department shall be provided with a certified copy of this Order by the Plaintiffs attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the Defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the Defendant shall be taken before the appropriate district justice. (23 Pa.C.S.A. section 6113). By the Court, SHAWNTA M. BOYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000- ?? ry9 CIVIL TERM KEITH J. BOYER, PROTECTION FROM ABUSE Defendant PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 PA.C.S.A. SECTION 6101 et. seq. A. ABUSE 1. The Plaintiff, Shawnta M. Boyer, is an adult individual residing at 510 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. The Defendant, Keith J. Boyer, is an adult individual residing at 510 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Plaintiff is the natural mother of two minor children who have been adopted by Defendant. Additionally, Plaintiff is the natural parent of another minor child who lives with Plaintiff. 4. The Defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the Plaintiff, has placed the Plaintiff in reasonable fear of imminent serious bodily injury, has knowingly engaged in a course of conduct or repeatedly committed acts towards the Plaintiff including the following specific incidents of abuse: A. August 26, 2000, Defendant grabbed, physically restrained, pushed, shoved and bruised the Plaintiff; B. August 28, 2000, Defendant attempted to commit suicide by taking pain medications and consuming alcohol; C. September 25, 2000, Defendant grabbed the Plaintiff around the neck to restrain Plaintiff. Defendant has repeatedly threatened to harm Plaintiff which threats have included threats to end Plaintiffs life. 5. The Plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the Defendant and that she is in need of protection from such abuse. B. EXCLUSIVE POSSESSION 6. The residence that the plaintiff is asking that the defendant be excluded from is the marital residence located at 510 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania, which is a leased property. The Plaintiff desires exclusive possession of the marital residence to ensure that no further physical confrontations occur between the parties in front of their children. The Plaintiff is extremely concerned that the Defendant will again become aggressive towards her which may result in a physical confrontation, and she therefore believes it is in the best interest of her family for the Defendant to be excluded from the marital residence. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter an order directing that the Defendant be enjoined from abusing and stalking the Plaintiff and that the Plaintiff be awarded exclusive possession of the marital residence. C:CUSTODY 14. The Plaintiff seeks temporary custody of the minor children, Mariah Boyer, age 8, born 02/24/92, Breanna Boyer, age 7, born 02/14/93. 15. The best interests and permanent welfare of the minor children will be met if custody is temporarily granted to the Plaintiff pending a hearing in this matter for reasons including: A. The Plaintiff is a responsible parent who can best take care of the minor children and has provided for the emotional and physical needs of the children since their births. B. The Defendant has shown by his abuse of the Plaintiff, that he is not an appropriate role model for the minor children. WHEREFORE, pursuant to P.S. § 5301 et sea. and other applicable rules and law, the Plaintiff prays this Honorable Court to award custody of the minor children to her. D: ATTORNEYS FEES & COSTS 12. The Plaintiff asks that the Defendant be ordered to pay reasonable attorney fees to O'Brien, Baric & Scherer and costs and expenses of this action. Respectfully submitted, O'BRIEN, BARIC & SCHE LZ? David A. Baric, Esquire 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I D # 44853 Attorney for the Plaintiff VERIFICATION I verify that the statements made in this Protection from Abuse Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. § 4904, relating to unsworn falsification to authorities. Shawnta M. Boy- Date: 09/28/00 THU 09:53 FAX 717 240 6573 CUMB CO PROTHONOTARY " < z001 xsxsssxxxssssssssxsssxsxass xxx MULTI TN REPORT sss ssxsxxssxsssxxsssxxxxxxssss TX/R% NO INCOMPLETE TX/R$ TRANSACTION OR ERROR r OFFICE OF THE PROTHONOTARY CUMOERLAND COUNTY OOURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I A T E L E C O P I E R l[wf P,A I A0h. C.55(N9 TO: PA STATE POLICE FAX #: 717-249-0779 FRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: M. OF PAGES (IN:LUDING COVER SHEET) Trns nes aW is interrW only foot the use af d-e lrx vidual cx amity W uhich is is alhessed, 3rd rOy curtain infotnatjm dot is p:ivileg3d, anfidmtial at3 emrpt burn digdmme a Jer ag)irAn' law. If d-e rater of this mm? is rat the int3r3al recipient, you ace hgt3.7y rct fied drat ay dissarrimtirn, djst-r;t,H-irn or co pVu,) of this mminicattim is strictly gdubited. If ycu h%e rBOEiIrl dls mrmnic.3`, = in ernes, pleme rotify is irm :liately by teleF m art heft= the anq a mssaga to Ls at 2193 I 0119P2405331 t 04192490779 CENTRAL PROCESS PSP SHAWNTA Mi BOYER, Plaintiff V. KEITH J. BOYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6579 CIVIL TERM PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Keith J. Boyer Defendant's Date of Birth: 04/10/58 Defendant's Social SecN Number: 178-50-4636 AND NOW, this day of October, 2000, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by David A. Baric, Esquire; Defendant is represented by Robert Mulderig, Esquire. Plaintiffs request for a Final Protection Order is granted. 1. The Defendant, Keith J. Boyer, is enjoined from physically abusing the Plaintiff, Shawnta M. Boyer, or from placing her in fear of abuse. 2. The Defendant is excluded from the marital residence located at 510 North Baltimore Avenue, Mt. Holly Springs, Pennsylvania, a residence which is jointly leased by the parties, and the Defendant is further ordered to stay away from that residence. 3. The Defendant is enjoined from harassing and stalking the Plaintiff and from entering the Plaintiffs place of employment. ?Fi`( r- ?, ?. ?.. ? .. .w 4. Custody of the minor children, Mariah Boyer, age 8, born 02/24/92, Breanna Boyer, age 7, born 02/14/93 and Ashley Marie Junkins, age 14, born 08/17/86 shall be as follows: Plaintiff shall have primary physical custody and Defendant shall have visitation with the children every weekend on Saturday from 1:00 p.m. to 5:00 p.m. and Sunday from 1:00 p.m. to 5:00 p.m. and such other times as the parties may agree. Defendant is ordered and directed to refrain from consuming alcoholic beverages during his time of visitation with the children and he shall not be intoxicated during his time of visitation. 5. 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 party, or which may hamper the free and natural development of the child's love or affection for the other party. 6. The following additional relief is granted as authorized by §6100 of this Act: a. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. b. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. C. Defendant is to refrain from harassing Plaintiffs relatives. 7. The costs of this action are waived as to Plaintiff and imposed on Defendant. 8. THIS ORDER SUPERSEDES THE PRIOR PFA ORDER. i 9. All provisions of this Order shall expire three months from September 28, 2000. NOTICE TO DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence or any location where a violation of this order occurs or where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Sheriff of Cumberland County shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer or Plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT, Al / 1A e,. orge E. Ho er, P. Judge to Cp- psP 10/26/00 4THU.1445 FAX 717 240 6573 COMB CO PROTHONOTARY aaaaaaaaaaazaaaaaaaaaaaaaaa zaa MULTI IN REPORT aaa zzaaazaa?aaza:aaazaaaazaaaaaz TX/R% NO 2249 INCOMPLETE T%/R% TRANSACTION 0% [ 0119P2405331 [ 0319P2438026 [ 04192490779 ERROR [A 001 CENTRAL PROCESS LEGAL SERVICES PSP OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013-3367 (717) 240-6195 FAX (717) 240-6573 s V I A T E L E C O P I E R PR oc es s i n c? TO: PA STATE POLICE a FAX #: 717-249-0779 FRCM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: NO. OF PAGES (INCLUDING COVER SHEET) Ihs mssagL- is inbarled qtly far tie use of the irrlividzI aa: Entity to 4urh is is ate, and «r' chain infffiretim difft IS panleCg3d, owfidettial ardl eaarpt flan alisclrrama urlw applicable law. if tale reaiEr of dus massaga is not the inbxdai mcipiEtt, ycu are he Eby notified that any dis3m- tuxl- dis[ritutim or apying aF this oomuucatim is strictly prhibited. If ya, tape receiutl dus ;n arr. nlw?ca rr?tifv is immrliately tv bale e and rehmr de crlgira rrcssage tD LB at 9 SHAWNTA M. BOYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-6579 CIVIL TERM KEITH J. BOYER, PROTECTION FROM ABUSE Defendant ORDER OF COURT AND NOW, this day oft 2000, upon consideration of the attached Petition, the Final Protection Order in the above-captioned case dated October 24, 2000, is hereby vacated and the action withdrawn without prejudice to Plaintiff. A certified copy of this Order will be provided to the Pennsylvania State Police and the Mt. Holly Springs Police Department by the Plaintiff's attorney. BY THE COURT, 10007 eorge E. H ffer, P. Judge David A. Baric, Esquire -(Q4 Attorney for Plaintiff ,15 _ 00 Robert J. Mulderig, Esquire Iks Attorney for Defendant -? 3T.,.RY ,?ENNSYL` ",III I SHAWNTA M. BOYER, Plaintiff V. KEITH J. BOYER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6579 CIVIL TERM PROTECTION FROM ABUSE PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff request the Court vacate the Final Protection from Abuse Order in the above- captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on September 28, 2000, scheduling a hearing for Thursday, October 5, 2000 at 11:00 a.m. 2. After said hearing, the Court entered a protection order on October 24, 2000. 3. The parties are in the process of reconciling their differences. 4. At this time, Plaintiff request that the Final Order entered on October 24, 2000, be vacated without prejudice. 6. A certified copy of this Order of Court will be provided to the Pennsylvania State Police and the Mt. Holly Springs Police Department by David A. Baric, Esquire, Attorney for the Plaintiff. Counsel for Defendant concurs with this request and a Statement of Concurrence is appended hereto as Exhibit "A" and is incorporated. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order without prejudice. I Respectfully submitted, `. O'BRIEN, BARIC & SCHE R L David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab. dir/domestic/sboyer/petition.vac VERIFICATION I verify that I am the Petition as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa C.S.§ 4904, relating to unsworn falsification to authorities. Shawnta M. Boyer Date: ?fl Gy a+ W STATEMENT OF CONCURRENCE I, Robert I Muldering, Esquire, attorney for Keith I Boyer, concur with the relief requested in the Petition to Vacate Order and Withdraw Action. Robert I Mulderig, Esquire Date: Exhibit "A" I[ SIAUMNT .& . CDN=RENL-E I, Robot 7. Muldaifl& ENuiee, at OMO fox Keith !. Boyer, concur with the relief 11/15/00 WED 11:27 FAX 717 240 6573 COMB CO PROTHONOTARY iRluui xx*xax*xax**xxx*xxxxxax**ax xxx MULTI TN REPORT xxx xxxxaxax*xax*xxxxxxxxxxaxxx TX/RX NO 2284 INCOMPLETE TX/RX TRANSACTION OR 1 01i9p2405331 CENTRAL PROCESS 1 0319P2438026 LEGAL SERVICES 1 04192490779 PSP ERROR - OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY OCKMTHCUSE ONE COURTHOUSE SQUARE CARLISLE, PA, 17013-3387 (717) 240-6195 FAX (717) 240-6573 V I A T E L E COP I E R C. p. TO: PA STATE POLICE FAX R: 717-249-0779 FROM: CURTIS R. LONG RE: PFA ORDERS MESSAGE: N0. OF PA(,"C•S (IIY`;.UDING COVER SHEET) Tm mks is inh:nded cnly for the uS1'_ aE the irdividual cr attxty to %hub is is adder, ad " psitain i(&meticn that is pavili?, ccnfidettiel rd ompt ft-cm dWlmxe ender M2ii+la_ 3aw. If die xwler of this 0essag? is riot tite intenaiC. renpie+*, Ycu am h=eby nx f w ttt any disyffiratirn, distabitm cr ccying aC• this Qomuucat;ol Ls strLtly pdtibi.0a3. If Ya tme teeived d"15 a mu-ur.,L-im ir. emx, please n7dty is im mutely by baeph!m at1 Lebum tat? adgiral rmssae ro Ls al Hffp dri adl?e35 via tt'e U.S. pxtal wrrie'- rtin. •r . KRISTI L. NUTAITIS, Plaintiff V. THEODORE J. NUTAITIS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT NO. 00-0592 SUPPORT DR 29,837 KRISTI L. NUTAITIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE THEODORE J. NUTAITIS, JR., : Defendant NO. 00-6578 DIVORCE IN RE: PLAINTIFF'S CLAIMS FOR ALIMONY PENDENTE LITE and SPOUSAL SUPPORT BEFORE OLER, J. ORDER OF COURT AND NOW, this 22°a day of August, 2001, upon consideration of Plaintiff's claims for alimony pendente lite and spousal support, and for the reasons stated in the accompanying opinion, the claims are denied. BY THE COURT, Bruce D. Foreman, Esq. 4409 North Front Street Harrisburg, PA 17110-1709 Attorney for Plaintiff /C"v G yF' tpesley O1 r., J. OOOYYY 0? _ - -'f _A1 fJ ??RlNSY'L?t? ?y ''%I Y Richard C. Rupp, Esq. 355 North 215` Street Camp Hill, PA 17011 Attorney for Defendant KRISTI L. NUTAITIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION V. THEODORE J. NUTAITIS, JR., Defendant CIVIL ACTION - SUPPORT NO. 00-0592 SUPPORT DR 29,837 KRISTI L. NUTAITIS, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE THEODORE J. NUTAITIS, JR., : Defendant NO. 00-6578 DIVORCE IN RE: PLAINTIFF'S CLAIMS FOR ALIMONY PEND SPOUSAL SUPPORT BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., August 22, 2001. In these civil matters, which were heard together, Plaintiff Kristi L. Nutaitis has petitioned the court for alimony pendente lite and for spousal support from Defendant Theodore J Nutaitis, Jr.l On September 28, 2000, Plaintiff filed a complaint in divorce.2 On December 1, 2000, Plaintiff filed an amendment to the complaint to include a claim for alimony pendente lite.3 A divorce decree has not yet been entered in the divorce action. On October 16, 2000, Plaintiff filed a complaint for child and spousal support with the Domestic Relations Section of the court.4 Following a Domestic Relations Office 1 N.T. 4, Hr'g, July 6, 2001 (hereinafter N.T. _). 2 Compl. in Divorce, filed September 28, 2000, Nutaitis v. Nutaitis, No. 00-6578 Divorce (Ct. Com. Pl. Cumberland County). 3 Am. Compl. in Divorce at 2, filed December 1, 2000, Nutaitis, No. 00-6578 Divorce. conference, a recommended child support order was entered whereby Defendant was required to pay child support to Plaintiff in the amount of $525.27 per month.5 At the conference, Defendant denied liability for spousal support, and the issue of spousal support was referred to the court for a hearing.6 The alimony pendente lite and spousal support claims were both heard at this proceeding, which was held on July 6, 2001.7 The issues presented in these matters are whether Plaintiff has established financial need so as to entitle her to alimony pendente lite and whether Plaintiff has established adequate legal cause for leaving the marital home so as to entitle her to spousal support. Based upon the evidence presented at the hearing, Plaintiffs claims for alimony pendente lite and spousal support will be denied. STATEMENT OF FACTS Plaintiff is Kristi L. Nutaitis, 40. Defendant is Theodore J. Nutaitis, Jr., 45. The parties were married on November 14, 1992. One child, Sara E. Nutaitis, 8, was born of the marriages Plaintiff, who currently has primary physical custody of the child, moved out of the marital home on October 20, 2000. Both parties currently live in Cumberland County.9 4 See Compl. for Supp., filed Oct. 16, 2000, Nutaitis v. Nutaitis, No. 00-0592 Support (Ct. Com. Pl. Cumberland County). 5 Order of Ct. at 2, Dec. 8, 2000, Nutaitis, No. 00-0592 Support. Neither parry has appealed this order. 6 Domestic Relations Office Conference Summ. at 1, December 8, 2000, Nutaitis, No. 00-0592 Support. The Domestic Relations Office did not prepare a recommended spousal support order; however, the Office did determine that Defendant's spousal support obligation, according the support guidelines, would have been $164.83 per month. Domestic Relations Office Conference Summ., December 8, 2000, Nutaitis, No. 00-0592 Support (attached spousal support calculation). 7 N.T. 4; see Pa. R.C.P. 213(a). a N.T. 4. 9 N.T. 4, 6. 2 Plaintiff is employed as an office manager and has a net monthly income of $1,645.78.10 Defendant is employed as a business manager and has a net monthly income of $2,720.48.11 After child support payments are allocated between the parties, Plaintiffs net monthly income is $2,171.05 and Defendant's net monthly income is $2,195.21. With respect to her financial situation, Plaintiff testified as follows. Her income is sufficient to meet both her normal living expenses and her current legal expenses associated with the divorce proceedings. 12 Plaintiff does not have any outstanding debts, but she cannot afford to purchase a car to replace the one she now owns. 13 Defendant is making payments on the two mortgages on the marital home. 14 At the hearing on these matters, Plaintiff contended that she had left the marital home because of stress from the marriage. Plaintiff testified that, during the marriage, she had been "not depressed, but very unhappy," and attributed this to Defendant's behavior during the marriage. 15 She alleged that this behavior included abuse of alcohol, accusations by Defendant that Plaintiff was unfaithful to him, use of pornographic materials, and indications by Defendant that he wanted a divorce. 16 Plaintiff testified that stress resulting from this behavior had caused migraine headaches, stomach problems and substantial weight gains during this period; however, she later testified that both the 10 N.T. 4, 5. The recommended child support order indicated Plaintiffs net monthly income to be $1,645.78. Order of Ct. at 1, Dec. 8, 2000, Nutaitis, No. 00-0592 Support. Since neither party appealed that order, this determination will be considered final. 11 N.T. 4, 5. The recommended child support order indicated Defendant's net monthly income to be $2,720.48. Order of Ct. at 1, Dec. 8, 2000, Nutaitis, No. 00-0592 Support. Since neither party appealed that order, this determination will be considered final. 12 N.T. 23-24. 13 N.T. 24, 35. Plaintiff testified that she was worried that her current car might develop mechanical problems. N.T. 36. 14 N.T. 33. The second mortgage had been taken out for the purpose of debt consolidation, and the money received through this transaction had been used to pay debts of both Plaintiff and Defendant. N.T. 29-32. 15 N.T. 19. 16 Id. 3 migraine headaches and the stomach problems may have resulted from pre-existing conditions. 17 With respect to the allegations of Defendant's alcohol abuse, Plaintiff testified that, on a number of occasions, she had found bottles of alcohol hidden in the marital home. Plaintiff testified that she had marked these bottles, and that, after a day or two, she would return to find the bottles in order to see how much alcohol Defendant had consumed. 18 Plaintiff testified that the parties' daughter had seen Defendant intoxicated several times.19 Plaintiff also testified that, although Defendant had agreed to stop drinking in the home, she suspected that he had failed to do so because she had continued to find bottles of alcohol in the home. 20 Defendant admitted that he had consumed alcohol "occasional[ly]," and that he had been intoxicated in the marital home once, but he denied that he had drunk "heavily" during the marriage. 21 With respect to the allegations that Defendant had accused Plaintiff of infidelity, Plaintiff testified that, over the last two years of their cohabitation, Defendant had brought up his suspicions of her infidelity on a monthly basis. 22 Defendant admitted this, but presented no credible evidence to substantiate his suspicion of infidelity.23 17 N.T. 12, 19, 27. 18 N.T. 8. Plaintiff testified that she had determined Defendant had been drinking a pint of whiskey every one to two days. Id. '9 N.T. 8-9. Plaintiff also testified that "on one occasion ... [Defendant had been] very intoxicated and he ... [had] picked her [Sara Nutaitis] upside down and [had] held her over the toilet." N.T. 8. Plaintiff, however, did not testify that she had feared for the child's safety at any time during the marriage, and she later testified that Defendant had attempted to protect the child from witnessing arguments between the parties. N.T. 19. 2° N.T. 9. 2' N.T. 45-46. 22 N.T. 10. 23 Defendant, who had been a marine before accepting his current employment, testified that he based his accusations of infidelity on the fact that Plaintiff, while living in Pennsylvania, had contracted a sexually transmitted disease while he had been stationed 4 With respect to the allegations that Defendant had used pornography, Plaintiff testified that she had found pornographic videotapes and other pornographic material in the marital home.24 Although Plaintiff testified that she was offended by the material, she also testified that she had watched the videotapes with her husband.25 She testified that Defendant stopped using pornographic materials in the marital home after she asked him to stop.26 With respect to the allegations that Defendant had indicated that he wanted a divorce, Plaintiff testified that, during the last two years of cohabitation, Defendant had stated that the parties should begin to date other people, had stayed out of the house until late at night three or four times a week, and had stopped wearing his wedding ring. 27 Plaintiff also testified that, in July 2000, Defendant had told her that he would be leaving the marital home by December 2000.28 Defendant testified that he had done so because he had been frustrated that Plaintiff had refused to engage in sexual relations for the eight- or nine-month period preceding July 2000.29 Plaintiff admitted this and testified that she and Defendant had engaged in sexual relations only once a year during most of their marriage. 30 in North Carolina in 1997. N.T. 45. Plaintiff testified that, during the marriage, she has not been romantically involved with anyone outside of the marriage. N.T. 10. 24 N.T. 14, 26. Plaintiff testified that pornographic material had been e-mailed to their computer on a monthly basis for a sixth-month period. Id. 25 Id. Plaintiff testified that she had watched the pornographic videotapes only once, but Defendant testified that she had watched the videotapes six times. N.T. 26, 47-48. 26 N.T. 14. 27 N.T. 15-16. Plaintiff also testified that she had stopped wearing her wedding ring at this time. N.T. 17. 2s N.T. 11-12. Plaintiff testified that she had discovered computer files, downloaded by Defendant, which indicated that he was looking for a new residence. N.T. 12-13. Plaintiff had filed a complaint for spousal support in July 2000 but the complaint was dismissed on the ground that she still lived with Defendant. N.T. 13, 28. 29 N.T. 47-48. 3o N.T. 26. 5 Plaintiff also testified that she and Defendant had sought marriage counseling, but that he had refused to go back after a single visit.31 Defendant admitted this, but testified that he had wanted to keep the marriage together and that, later in the marriage, he had suggested that the parties seek further marriage counseling, which Plaintiff had refused.32 DISCUSSION Statement of Law Alimony Pendente Lite. Under the Divorce Code, courts may award alimony pendente lite, defined as "[a]n order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding," in order to enable a dependent spouse to proceed with the divorce action and to maintain a level of economic equality between the parties. Act of Dec. 19, 1990, P.L. 1240, No. 206, § 2, 23 Pa. C.S.A. § 3103; 23 Pa. C.S.A. § 3702; see Jayne v. Jayne, 443 Pa. Super. 664, 678-79, 663 A.2d 169, 176 (1995); Powers v. Powers, 419 Pa. Super. 464, 467, 615 A.2d 459, 460-61 (1992). "[A] spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Id. at 467, 615 A.2d at 460. "[N]otwithstanding the equivalency of spousal support and APL for purposes of computation under the rules of civil procedure, a determination of entitlement in accordance with the traditional test remains a prerequisite to an award of APL." Clouse v. Clouse, 50 Cumberland L.J. 167, 171 (2001); see Nemchick v. Nemchick, 53 Somerset L.J. 260 (1995); Dietch v. Dietch, 87 Berks L.J. 210 (1995). Spousal Support. Under the Divorce Code, courts may grant spousal support prior to the entry of a divorce decree in order to provide a dependent spouse with financial assistance for living expenses. 23 Pa. C.S.A. § 3702; see McKeown v. McKeown, 417 Pa. Super. 520, 523, 612 A.2d 1060, 1061 (1992). The court, however, will not impose a duty of spousal support when the dependent spouse voluntarily withdrew from the marital 31 N.T. 20. 32 N.T. 43, 48-49, 60. 6 home unless the dependent spouse sustains the burden of proving "adequate legal cause" for leaving. McKolanis v. McKolanis, 435 Pa. Super. 103, 106, 644 A.2d 1256, 1257-58 (1994). "[T]he phrase adequate legal cause for leaving is not subject to exact definition. It must be interpreted based on the facts of each case." Clendenning v. Clendenning, 392 Pa. Super. 33, 38, 572 A.2d 18, 21 (1990). While it is not necessary that the dependent spouse present evidence that would also establish grounds for a divorce to show adequate legal cause for leaving, the spouse must show that his or her departure was justified by ongoing "psychological oppression" or other factors and was not done "maliciously or casually on a whim or caprice." Id. at 37-39, 572 A.2d at 20-21. Although courts have developed no precise definition of adequate legal cause, a review of applicable case law provides some guidance for a determination of whether a dependent spouse had adequate legal cause for leaving the marital home. E.g., id. at 37- 38, 527 A.2d at 20-21. In Brotzman-Smith v. Smith, 437 Pa. Super 509, 650 A.2d 471 (1994), a finding of adequate legal cause was upheld when testimony showed that a husband had told his wife to leave the marital home and that his wife had feared for the safety of her child and herself. Id. at 515-16, 650 A.2d at 474. In Clendenning v. Clendenning, the Superior Court held that adequate legal cause existed when a wife testified that she had been "frightened" of her husband and that he had "controlled her life or made her suffer for not doing as he wished." 392 Pa. Super at 39, 572 A.2d at 21. In Rock v. Rock, 385 Pa. Super. 126, 560 A.2d 199 (1989), the Court upheld a finding of adequate legal cause based on testimony by a wife that she feared for the safety of both her child and herself due to her husband's "frightening and erratic behavior" while under the influence of alcohol. Id. at 132, 560 A.2d at 202. In Commonwealth ex rel. Loosley v. Loosely, 236 Pa. Super. 389, 345 A.2d 721 (1975), the Court held that adequate legal cause had been established when the evidence showed that a husband who had known that his wife was being treated for a psychiatric disorder had persisted in telling his wife that he wanted a divorce, had argued with her often, and possibly had engaged in an act of physical abuse. Id. at 391-92, 345 A.2d at 722. The Court, however, did not find 7 adequate legal cause in Commonwealth ex rel. Van Wagenen v. Van Wagenen, 167 Pa. Super. 354, 74 A.2d 740 (1950), in which a wife testified that her husband had accused her of infidelity numerous times, that he "[had gone] into temper tantrums," and that she believed that he had wanted her to leave the marital home. Id. at 355-56, 74 A.2d 740-41, cited in McKolanis, 435 Pa. Super. at 108, 644 A.2d at 1258. Application of Law to Facts Alimony Pendente Lite. In the court's view, the evidence did not support Plaintiffs contention that she is entitled to alimony pendente lite. Alimony pendente lite is granted to enable a dependent spouse to prosecute or defend the divorce proceedings and to maintain a level of economic equality between the parties in that regard. Plaintiff testified that her current income was sufficient both to meet her living expenses and to continue the divorce proceedings. Further, when Defendant's child support obligation is allocated between the parties, the parties' incomes are almost equal. Because Plaintiff has sufficient assets to continue this action while maintaining her current standard of living, and because Defendant does not enjoy an appreciable financial advantage over Plaintiff, Plaintiff is not entitled to an award of alimony pendente lite. Spousal Support. The evidence showed that Plaintiff voluntarily left the marital home; therefore, she had the burden of proving that she had adequate legal cause for doing so. Applying the relevant case law to the facts of this case, it appears that Plaintiff has not sustained this burden. The testimony tended to show that Defendant may have abused alcohol on several occasions, but that Defendant had abstained from drinking in the presence of his family after Plaintiff had asked him to do so. Unlike cases in which a husband became physically abusive after drinking or otherwise frightened his wife or child, testimony indicated that, while Plaintiff had disapproved of Defendant's drinking practices, she had not feared for the safety of either her daughter or herself. The testimony also tended to show that Defendant had periodically accused Plaintiff of infidelity and otherwise indicated that he was dissatisfied with the marital relationship. In the court's view, Defendant's dissatisfaction with the parties' marriage 8 was not an unpredictable consequence of Plaintiffs decision to withhold intimacy from the relationship. Further, unlike cases in which a husband told his wife that he did not want her to be in the marital home, the evidence in this case tended to show that Defendant had not wanted Plaintiff to move out of the marital residence and that he had desired a reconciliation. While it is clear that the parties had been experiencing difficulty in the marriage, and that Plaintiff had ultimately lost interest in preserving the marital relationship, Defendant's conduct did not provide Plaintiff with adequate legal cause to vacate the marital home for purposes of a spousal support action. Stated differently, the behavior by a party to a marriage which would justify the continued imposition upon that party of spousal support, an obligation which arises solely out of the marriage, after the other party has voluntarily withdrawn from the marriage relationship, is not present in this case. For the foregoing reasons, the following order will be entered: ORDER OF COURT AND NOW, this 22"d day of August, 2001, upon consideration of Plaintiff's claims for alimony pendente lite and spousal support, and for the reasons stated in the accompanying opinion, the claims are denied. BY THE COURT, /s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Bruce D. Foreman, Esq. 4409 North Front Street Harrisburg, PA 17110-1709 Attorney for Plaintiff 9 Richard C. Rupp, Esq. 355 North 21St Street Camp Hill, PA 17011 Attorney for Defendant 10 PETITION FOR PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 6579 1. PLAINTIFF Shawnta Marie Boyer January 13, 1970 First Middle Last Suffix Plaintiff DOB Plaintiffs Address: O Plaintiffs address is confidential or ® Plaintiffs address is: 45 West Baltimore Street Carlisle, PA 17013 V. 2. DEFENDANT Keith Jeffery Boyer First Middle Last Suffix Defendant's Address: 45 West Baltimore Street Carlisle, PA 17013 CAUTION: Weapon Involved ?X Weapon Present on the Property © Weapon Requested Relinquished DEFENDANT IDENTIFIERS DOB 4/10/1958 HEIGHT 6 ft. SEX Male WEIGHT 160 RACE White EYES Blue HAIR Brown SSN 178-50-4636 DRIVERS LICENSE # EXP DATE STATE PA Defendant's place of employment is: unemployed Check here if you have reason to believe that Defendant is a licensed firearms dealer, is employed by a licensed firearms dealer or manufacturer; is employed as a writer, researcher or technician in the firearms or hunting industry or is required to carry a firearm as a condition of employment. 3. I am filing this Petition on behalf of: ® Myself and/or 1:1 Another Person If you checked "myself', please answer all questions referring to yourself as "Plaintiff'. If you ONLY checked "another person", please answer all questions referring to that person as the "Plaintiff', and provide your name and address here, as filer, unless confidential. Filer's Name: First Middle Last Suffix 11 Filer's address is confidential or Filer's address is: If you checked "Another Person", indicate your relationship with Plaintiff: Elparent of minor Plaintiff(s) applicant for appointment as guardian ad litem of minor Plaintiff(s) adult household member with minor Plaintiff(s) court appointed guardian of incompetent Plaintiff(s) 4. Name(s) of ALL person(s), including minor children, who seek protection from abuse. Shawnta Marie Boyer Mariah Lyne Boyer Breanna Kay Boyer 5. The relationship between Plaintiff and Defendant is: [X] spouse or former spouse of Defendant [X] parent of a child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff ( ) child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares parenthood) of Defendant Defendant is an adult. 6. Plaintiff and Defendant have been involved in the following court actions: Protection From Abuse Other details of the court action are: Court of Common Pleas of Cumberland County No. 2000 - 6579 Protection From Abuse 7. Defendant has been involved in a criminal court action. . Defendant is not currently on probation / parole 8. Plaintiff and Defendant are the parents of the following minor child/ren: a. Mariah Lyne Boyer Age: 16 yrs Child's address is: 45 West Baltimore Street, Carlisle, PA 17013 b. Breanna Kay Boyer Age:15 yrs Child's address is: 45 West Baltimore Street , Carlisle, PA 17013 9. Plaintiff is seeking an order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Mariah Lyne Boyer For the past 5 years, this child has lived with: with Plaintiff (mother) and Defendant (father) at 116 East North Street Carlisle PA from 2004-June 2006 with Plaintiff (mother) and Defendant (father) at 45 West Baltimore Street Carlisle PA from 2004-June 2006 b. Breanna Kay Boyer For the past 5 years, this child has lived with: with Plaintiff (mother) and Defendant (father) at 116 East North Street Carlisle PA from 2004-June 2006 with Plaintiff (mother) and Defendant (father) at 45 West Baltimore Street Carlisle PA from 2004-June 2006 10. The facts of the most recent incident of abuse are as follows: On about Tuesday, December 23, 2008 location: 45 West Baltimore Street, Carlisle PA 17013 Defendant acted in a menacing manner when he was verbally abusive to the Plaintiff and threatened to kill himself. 11. Prior incidents of abuse that Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or around December 14 2008, Defendant acted in a menacing manner when he smacked Plaintiff in the face. During the course of the parties relationship, Defendant has abused Plaintiff in ways including, but not limited to: smacking Plaintiff, following Plaintiff, limiting Plaintiffs contact with her family, and being verbally and emotionally abusive. Defendant's course of conduct has resulted in the Plaintiffs reasonable fear for her safety. 12. (a) Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the minor child/ren? NO (b) Other than the firearms, other weapons or ammunition Defendant used or threatened to use against Petitioner or the minor child/ren, does Defendant, to the best of your knowledge or belief, own or possess any additional firearm, other weapon, ammunition or any firearm license? YES (c) If the answer to (b) above is "Yes", list any additional firearm, other weapon or ammunition owned by or in the possession of Defendant on Attachment A to Petition, which is incorporated by reference into this petition. (d) Plaintiff DOES request that the court order Defendant to relinquish firearms, other weapons or ammunition listed on Attachment A to Petition. See Attachment A to Petition, for a list of firearms, other weapons and ammunition Plaintiff requests the court to order Defendant to relinquish. 13. The sheriff, police department or law enforcement agency that should be provided with a copy of the protection order are: Carlisle Borough Police Department 14. There is an immediate and present danger of further abuse from Defendant. 15. Plaintiff is asking the court to evict and exclude Defendant from the following residence: 45 West Baltimore Street Carlisle PA 17013 Defendant has rented apartment and plans to move. Owned By: Bob Sayder Rented By:Shawnta and Keith Boyer 16. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or the minor child/ren in any place where Plaintiff and/or the child/ren may be found. b. Evict/exclude Defendant from Plaintiff s residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. c. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and the child/ren: Defendant shall have periods of visitation agreed upon by the parties. Non-harassing, non-threatening contact between the parties regarding custody and/or visitation shall not be deemed a violation of this order. d. Prohibit Defendant from having any contact with Plaintiff and/or the minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff s school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Prohibit Defendant from having any contact with Plaintiff s relatives and Plaintiff s children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. The following persons are Plaintiffs relatives or family and household members that Plaintiff believes require protection from stalking and harassment by Defendant. Name Relationship Address Sandra Clugh mother Tracy Snader Sister Ashley Marie Junkins Daughter f. Order Defendant to temporarily relinquish some or all of the firearms, other weapons and/or ammunition listed on Attachment A to Petition and any firearm license td the sheriff of this county and/or prohibit Defendant from transferring, acquiring, or possessing some or all firearms for the duration of the order. g. Order the following additional relief, not listed above: Defendant shall not damage, destroy, or dispose of in any manner, any property owned jointly by the parties or solely by the Plaintiff. h. Grant such other relief as Plaintiff requests and/or the court deems appropriate. i. Order the police, sheriff or other law enforcement agency to serve Defendant with a copy of this petition, any order issued, and the order for hearing. Plaintiff will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. PFAD Number: GT3357709F Date: Respectfully submitted, MIDP LEGAL SERVICES By: k?E. lo, Attorney for Plaintiff GD'A MLegal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Dated: c?2 3 Shawnta Marie Boyer, Pl tiff r ._,? _.J ?? t^?-. ?....; ?., e ...?, ?. i' t vl -. ,7 { ? ..e F t G•-„ ,.. 0 Shawnta Marie Boyer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Keith Jeffrey Boyer, Defendant NO. 2000 - 6579 CIVIL TERM - LAW PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the petition. In particular, you may be evicted from your residence, be prohibited from possessing any firearm, other weapon, ammunition or any firearm license, and lose other important rights, including custody of your children. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). o?0a 1 A hearing on the matter is scheduled for the _)&t day of Ah at 3'J 5- with Judge _ in Co room No. on the 4th Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. You MUST obey the order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police or sheriff may arrest you. Violation of this order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this order, you may be subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. §2261-2262. If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm license to the sheriff, you may do so upon service of this order. As an alternative, you may relinquish any firearm, other weapon, or ammunition listed herein to a third party provided you and the third party first comply with all requirements to obtain a safekeeping permit. You must relinquish any firearm, other weapon, ammunition or any firearm license listed herein no later than 24 hours after service of the order. Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105. NOTICE: Even if this order does not direct you to relinquish firearms, you may be subject to federal firearms prohibitions and federal criminal penalties under 18 U.S.C. §922(g)(8). YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Distribution to: Legal Services Faxed & Mailed to PSP (This verifies that the above document is on file with the Cumberland County Office of Ithe Prothonotary. TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA Amended Order E] Continued Order NO. 2000 - 6579 ICI 1. PLAINTIFF [Shawnta Marie Boyer 1/13/1970 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor child/ren and DOB. Shawnta Marie Boyer January 13, 1970 Mariah Lyne Boyer February 24, 1992 Breanna Kay Boyer February 14, 1993 V. DEFENDANT Keith Jeffery Boyer First Middle Last Suffix Defendant's Address: 45 West Baltimore Street Carlisle PA 17013 CAUTION: 0 Weapon Involved ?X Weapon Present on the Property ?X Weapon Ordered Relinquished DEFENDANT IDENTIFIERS DOB 4/10/1958 HEIGHT 6 ft. SEX Male WEIGHT 160 RACE White EYES Blue HAIR Brown SSN 178-50-4636 DRIVERS LICENSE EXP DATE STATE PA The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: ® Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ® Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. ® Additional findings of this order are set forth below. Order Effective Date December 30, 2008 Order Expiration Date December 30, 2011 NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiffto Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third patty first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. AND NOW, on 30th Day of December, 2008 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at: 45 West Baltimore Street Carlisle PA 17013 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Except for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiff s or other protected party's school, business, or place of employment. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. CUSTODY Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: . Defendant shall have the following partial physical custody/visitation rights: Defendant shall have periods of visitation agreed upon by the parties. . Non-harassing, non-threatening contact between the parties regarding custody and/or visitation shall not be deemed a violation of this order. Client has retained Attorney Jane Adams to pursue custody under separate docket. 6. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS Defendant is prohibited from possessing, transferring or acquiring any firearms for the duration of this order. Defendant is directed to relinquish to the sheriff any firearm, other weapon or ammunition listed in Attachment A to Temporary Order, which is incorporated herein by references. Defendant may relinquish any firearms, other weapons or ammunition to the sheriff. As an alternative, Defendant may relinquish firearms, other weapons and ammunition to a third party provided Defendant and the third party first comply with all the requirements to obtain a safekeeping permit. Defendant must relinquish any firearm, other weapon, ammunition or firearm license ordered to be relinquished no later than 24 hours after service of this order. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide to the sheriff an affidavit listing the firearms, other weapons or ammunition and their current location no later than 24 hours after service of this order. Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105. 7. The following additional relief is granted: Defendant is prohibited from stalking, as defined in 18 Pa.C.S.A. § 2709.1, or harrassing, as described in 18 Pa.C.S.A. § 2709, the following family and household members of Plaintiff: Name Relationship Address Sandra Clugh mother Tracy Snader Sister Ashley Marie Junkins Daughter 8. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Carlisle Borough Police Department 9. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL DECEMBER 30, 2011 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiff s residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriff s office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. Judge ? ? ?C= 3U ZUo? Date ? Distribution to. Legal Services - A -E=od?& Mailed to PSP ,r-,( ? f ? ?l ??tv t?s ?. , 1i. JL; ?r ?} ... SHERIFF'S RETURN - REGULAR CASE NO: 2000-06579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOYER SHAWNTA M VS BOYER KEITH J SGT BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon BOYER KEITH J the DEFENDANT , at 1420:00 HOURS, on the 31st day of December-, 2008 at 45 WEST BALTIMORE STREET CARLISLE, PA 17013 KEITH BOYER by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Additional Comments ONE GUN WAS CONFISCATED Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 4.50 .? .00 iooorae?? 10.00 R. Thomas Kline .00 32.50 00/00/0000 LS By. day De ay Sheriff , A.D. rd.,> s""a a ? '?'i -?""?.' ? ? i -' -4 `a? ??' +; `"?,b. Morrow, Irene From: ra-jnetoperations@state.pa.us Sent: Thursday, January 08, 2009 5:00 PM To: Morrow, Irene Subject: PFAD Document Confirmation No.20006579 against BOYER, KEITH PFAD Document Confirmation No.200*579 against BOYER, KEITH filed by BOYER, SHAWNTA RECORD ACCEPTED BY CLEAN: 2009-01-08 16:59:39Z SHAWNTA MARIE BOYER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH JEFFREY BOYER, DEFENDANT 00-6579 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2009, following a hearing on the merits, the petition for the entry of a protection from abuse order, IS DENIED. The temporary protection from abuse order entered on December 30, 2008, IS VACATED. By the Edgard. B%yl , J. ? Grace D'Aio, Esquire For Plaintiff ,,-Keith Jeffrey Boyer, Pro se 1142 Newville Road Carlisle, PA 17015 :sal 12cr MaLtCCL4 0-TI i&S en:lj LAC. C EWA- UILU