HomeMy WebLinkAbout99-07339Plaintiff
:017 CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO.99-733 CIVIL TERM
Dwaync L. Boutte, Sr.,
Defendant :PROTECTION FROM ABUSE AND CUSTODY
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims 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 and lose other important rights. /7`J
A hearing on this matter is scheduled for the /V day of NArwmbcr,/??e??C
1999, at 3byrn., in Courtroom No._ of the Cumberland County Courthouse, 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 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 S1,000.00 and/or up to six months in jail under 23 Pa.C.S.
§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.
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 HELD.
IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT
ONE.
CUMBERLAND COUNTY 13AR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166
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 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.
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Mindy K. Crum. :IN TIME COURT OF COMMON PLEAS
Plaintiff
VS.
Dwayne L. Boutte, Sr.,
Defendant
OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO.99-'193? CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Dwayne L. Boutte, Sr.
Defendant's Date of Birth: 2/24/73
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected Person: indyCrum
AND NOW, thi ?f December, 1999, upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
® 1. Defendant shall not abuse, harass, stalk or threaten Plaintiff in any place where she
might be found.
? 2. Defendant is evicted and excluded from Plaintiffs residence located at, Cumberland
County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by
the entireties; owned/leased solely by Plaintiff/Defendant to which Plaintiff and the minor
child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other
permanent or temporary residence where Plaintiff 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, except for the limited purpose of transferring custody of the parties' child/ren.
Defendant shall remain in his vehicle at all times during the transfer of custody.)
® 3. Except for such contact with the minor child as may be permitted under Paragraph 5
of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to any contact at Plaintiffs residence or place of
employment. Defendant is specifically ordered to stay away from the following locations
for the duration of this Order: Any residence or place of employment Plaintiff may
establish.
® 4. Except for such contact with the minor child as may be permitted under Paragraph 5
of this Order, Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
0 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the following minor child: Dwayne L. Boutte Jr. (DOB 4/27/99).
Until the final hearing, all contact between Defendant and the children shall be limited to
the following: Defendant shall have partial custody of the child every other weekend from
Saturday at 11:00 a.m. until Sunday at 6:00 p.m.
The local law enforcement agency in the jurisdiction where the children are located shall
ensure that the children are placed in the care and control of Plaintiff in accordance with
the terms of this Order.
? 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a
designated local law enforcement agency for the delivery to the Sheriffs Office:
Defendant is prohibited from possessing, transferring or acquiring any other weapons for the
duration of this Order.
® 7. The following additional relief is granted:
The Cumberland County Sheriffs Department shall attempt to make service at
Plaintiffs 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
Defendant by mail.
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 rinds that Defendant
has committed another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned jointly by
the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives.
® 8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter: A copy of this Order shall be
mailed to the proper authorities.
? 9. TI IIS ORDER SUPERSEDES ? ANY PRIOR PFA ORDER AND ? ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
® 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT
AFTER NOTICE AND HEARING.
NOTICE TO 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 $1,000.00 and/or up to
six months in jail. 23 Pa.C.S. §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. §6113. 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. Any protection order granted
by a court may be considered in any subsequent proceedings including child custody
D......-Ar .n,n Cnneolidated Statute'
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over Plaintiff's
residence OR any locations where a violation of this order occurs OR where Defendant
may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant
may 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 law enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which
issued this Order, which office shall maintain possession of the weapons 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 made the arrest.
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Mindy K. Crum.
Plaintiff
VS.
Dwayne L. Bouttc. Sr..
Defendant
IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 -,1-33,7 CIVIL TERM
:PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COUNTI
The Plaintiff is Mindy Crum.
2. The name of person who seeks protection from abuse is Mindy Crum.
3. Plaintiffs address is at an undisclosed location.
4. Defendant's residence is unknown to plaintiff.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is February 24, 1973.
Defendant's place of employment is Arrows Trucking, driving truck between
Massachusetts and New Jersey.
5. Defendant is Plaintiffs former intimate partner.
6. Defendant has been involved in the following criminal court action: Defendant was
arrested and charged with simple assault against Plaintiff in September 1998.
7. Plaintiff seeks temporary custody ofthe following child:
Name Address Birthdate
Dwayne Bouttc, Jr. Undisclosed 4/27/99
8. Plaintiff and Defendant are the parents of the following minor child:
Name Age
Dwayne Bouttc, Jr. 7 months
The following information is provided in support of Plaintiffs request for an Order of
child custody:
a) The child were born out of wedlock.
b) The child is presently in the custody of Plaintiff, Mindy Crum , who resides at
an undisclosed location.
C) Since his birth, the child has resided with the following persons and at the
following addresses:
Persons children lived with
Plaintiff
Plaintiff, Maternal Grandmother
and Grandmother's Fiance
Plaintiff and Defendant
Address When
Undisclosed location 11/30/99 to
Present
311 Shephard's Lane 11/1999
Shippensburg, PA 11/29/99
34 East Main Street 6/ 1999
Newville, PA to 11/ 1999
Plaintiff and Defendant 147 Meadow Drive 4/1998 to
Shippensburg, PA 6/1999
d) Plaintiff, the mother of the child, is currently residing at an undisclosed location.
C) She is single.
f) Defendant, the fatherof the child, is currently residing at an unknown residence.
g) He is single.
h) Plaintiff has no knowledge with whom Defendant currently resides.
i) Plaintiff has not previously participated in any litigation concerning custody of
the above mentioned child in this or any other Court.
j) Plaintiff has no knowledge of any custody proceedings concerning their child
pending before a court in this or any other jurisdiction.
k) Plaintiff does not know any person not a party to this action who has physical
custody of the child or claims to have custody or visitation rights with respect to the
children.
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A:
1) The best interests and permanent welfare of the minor child will be met if
custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons
including:
1) Plaintiff is a responsible parent who has provided for the
emotional and physical needs of the child since his birth, and
who can best take care of the minor child.
2) Defendant has shown by his abuse of Plaintiff that he is not an
appropriate role model for the minor child.
9. The facts of the most recent incident of abuse are as follows:
On or about October 31, 1999, Defendant became angry and grabbed Plaintiff
by the arm and throat. Plaintiffs mother called the police who cited the
Defendant for harassment.
10. Defendant has committed the following prior acts of abuse against Plaintiff
a) In or about the beginning the August, 1999, Defendant became angry and
grabbed Plaintiff by the arm and throat. Defendant followed Plaintiff into the
apartment and pushed her face into the couch cushion. Defendant followed
Plaintiff into the bedroom where he pinned her down on the bed and screamed
at her that she was not going to leave him.
b) In or about July 1999, Defendant became angry, pinned Plaintiff against the
side of the car by her throat, and screamed at her causing her to fear for her
safety.
C) In or about September 1998, Defendant became angry, grabbed Plaintiff by the
throat, and shoved her onto the ground. Defendant sat on top of Plaintiff and
continued to strangle her until Plaintiff's sister called the police. The police
arrested Defendant who was found guilty of simple assault.
11. The following police departments or law enforcement agencies in the area in which
Plaintiff lives should be provided with a copy of the Protection Order: The proper authorities will
receive a copy of this Order.
12. There is an immediate and present danger of further abuse from Defendant.
WHEREFORE, PLAINTIFF REQUESTS 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
in any place where Plaintiff may be found.
B. Prohibit Defendant from having any contact with Plaintiff either in person, by
telephone, or in writing, personally or through third persons, including, but not limited
to, any contact at Plaintiffs residence or place of employment, except as the Court may
find necessary with respect to partial custody and/or visitation with the minor child.
C. Prohibit Defendant from having any contact with Plaintiffs relatives, except as
the court may find necessary with respect to partial custody and/or visitation with the
minor child.
D. Award Plaintiff temporary custody of the minor child/ren and place the
following restrictions or contact between Defendant and children: Defendant shall
have partial custody of the children every other weekend from Saturday at 11:00
a.m. until Sunday at 6:00 p.m.
E. Order Defendant to pay 525.00 for the costs of this action, including filing and
service fees.
F. Order Defendant to reimburse Cumberland County, a Legal Services funding
source, $250.00 for the value of the legal services provided to Plaintiff for the cost of
litigating this case if the case goes to hearing.
G. Order the following additional relief, not listed above:
The Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
The Defendant is to refrain from harassing Plaintiffs relatives.
H. Grant such other relief as the court deems appropriate.
1. Order the police or other law enforcement agency to serve Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will
inform the designated authority of any addresses, other than Defendant's residence,
where Defendant can be served.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
13. The allegations of Count I above are incorporated herein as if fully set forth.
14. The best interest and permanent welfare of the minor child will be served by con firming
custody in Plaintiff as set forth in paragraph #8 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. Seq., and other applicable rules and law,
Plaintiff prays this Honorable Court to award custody of the minor child to her.
Plaintiff prays for such other relief as may be just and proper.
Date: Aut?V
Cj?an Carcy, Attorney f
LEGAL SERVICES,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
s
VERIFICATION
I verify that I am the Plaintiff 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. 54904, relating to unsworn falsification
to authorities.
Dated ?? k l
Mindy K. rum, Plaintiff
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Mindy K. Crum,
PLAINTIFF
vs.
Dwayne L. Boutte, Sr.,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7339 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
AND NOW, this day of December, 1999, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on December 14, 1999, by this Court's Order of
December 7, 1999, is hereby rescheduled for hearing on January 10, 2000, at 1:30 p.m. in Courtroom
No.3.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered or until further Order of Court, whichever comes first.
Certified copies of this Order for Continuance will be provided to the proper authorities by
the plaintiffs attorney.
E. Hofer, President Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
Dwayne L. Boutte, Sr.
Pro Se Defendant
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Mindy K. Cnun,
PLAINTIFF
VS.
Dwayne L. Boutte, Sr.,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99-7339 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The Plaintiff, Mindy Crum , by and through her attomey, Joan Carey of Legal Services, Inc.,
moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds
that:
A Temporary Protection From Abuse Order was issued by this Court on December
7, 1999, scheduling a hearing for December 14, 1999, at 3:30 p.m.
2. The Cumberland County Sheriffs Department have been unable to effect service on
Defendant.
3. The Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect for a period of one year from the date it was entered or until further Order of Court, whichever
comes first.
4. Certified copies of the Order for Continuance will be delivered to the proper
authorities by the attorney for the Plaintiff.
WHEREFORE, the Plaintif7requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a
period ofone year from the date it was entered or until further Order of Court, whichever comes first.
Respectfully submitted,
r
Joan Carey, Attorney fbr laintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
-
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Plaintiff
V.
Dwayne L. Boutte, Sr.,
Defendant
AND NOW, this
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7339 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
day of January, 2000, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on January 10, 2000, by this Court's Order of
December 14, 1999, is hereby continued generally.
This Order is entered without prejudice to either party to request a hearing.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered or until further Order of Court, whichever comes first.
A certified copy of this Order for Continuance will be provided to the proper authorities by
the plaintiffs attorney.
E.
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
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, President Judge
Dwayne L. Boone, Sr.
Pro Se Defendant
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Mindy K. Crum,
Plaintiff
VS.
Dwayne L. Boutte, Sr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7339 CIVIL TERM
PROTECTION FROM ABUSE AND CUSTODY
MOTION FOR CONTINUANCE
The Plaintiff, Mindy Crum. by and through her attorney, Joan Carey of Legal Services, Inc.,
moves the Court for an Order continuing generally the hearing in the above-captioned case on the
grounds that:
A Temporary Protection From Abuse Order was issued by this Court on Decembe
7, 1999, scheduling a hearing for December 14, 1999, at 3:30 p.m.
2. A Continuance was filed on December 14, 1999, rescheduling the hearing for
January 10, 2000, at 1:30 p.m.
3. The Cumberland County Sheriffs Department has not been able to effect service on
the defendant.
4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect for a period of one year from the date it was entered oruntil further Order of Court, whichever
comes first.
5. A certified copy of the Order for Continuance will be delivered to the proper
authorities by the attorney for the Plaintiff.
I.
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WHEREFORE, the Plaintiff requests that the Court grant this Motion and continue this
matter generally, and that the Temporary Protection From Abuse Order remain in effect for a period
of one year from the date it was entered or until further Order of Court, whichever comes first.
Respectfully submitted,
?7oan Carey, Attome or Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
__
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-07339 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CRUM MINDY K
VS
BOUTTE DWAYNE L SR
HAROLD WEARY Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE/CUS was served upon
BOUTTE DWAYNE L SR the
DEFENDANT , at 0010:10 HOURS, on the 31st day of January , 2000
at CUMERLAND CO. DOMESTIC RELAT 13 NORTH HANOVER ST
CARLISLE, PA 17013 by handing to
DWAYNE L. BOUTTE, SR.
a true and attested copy of PROTECTION FROM ABUSE/CUS together with
NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION
FROM ABUSE ORDER, GENERAL CONTINUANCE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 10.00
.00
31.10
Sworn and Subscribed to before
me this .1 day of
A. D.
P othonotary -' '
So Answers:
R. Thomas Kline
02/01/2000
By._--? ,
Deputy sheriff
MINDY K. CRUM, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -CUSTODY
NO. 99-7339 CIVIL TERM
DWAYNE L. BOUTTE, SR.,
Defendant/Petitioner IN CUSTODY
ORDER OF COURT
AND NOW, this __U?_ day of TI 2000, upon presentation
and consideration of the attached Petition, it is hereby directed that the parties and their
respective counsel appear before ?l Esquire, the
T'
conciliator, at,e l?,cUc??S?C(la c0.10.X??C , Cumberland County,
Pennsylvania on the day of _ ?, l . ??O , at JDL30
?.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. Either party may bring the
child(REN) who is subject to this custody action to the conference, but the child/children's
attendance is not mandatory. Failure to appear at the conference may provide grounds for entry
of a temporary or permanent Order.
FOR THE COURT:
By:
Custody Conciliator ?O>
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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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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 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.
MINDY K. CRUM,
Plai nti 177Respondenl
v.
DWAYNE L. BOUTTG, SR.,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,13ENNSYLVANIA
CIVIL ACTION -CUSTODY
NO. 99-7339 CIVILTERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
I. The Petitioner is the above-named Defendant, Dwayne L. Bouttc, an adult
individual currently residing at 110 Delmont Avenue, Lowell, Massachusetts 01852.
2. 'rhe Respondent is the above-named Plaintiff, Mindy K. Crum, an adult individual
currently residing at 311 Shephard's Lane, Shippensburg, Cumberland County, Pennsylvania
17257.
3. The parties are the natural parents of the child Dwayne Bouttd, Jr., born April 27,
1999. The child was born out of wedlock.
4. The parties are currently subject to a temporary Protection From Abuse Order
dated December 7, 1999. A copy of the Order is attached hereto and incorporated herein by
reference as Exhibit "A."
5. Paragraph 5 of the Order established primary custody of the child with the
Respondent, with the Petitioner receiving an alternating weekend schedule or partial custody.
6. There have been no additional actions relative to custody of the within named
child in any jurisdiction to the Petitioner's knowledge.
7. Since the entry of the Order dated December 7, 1999, the child has primarily
resided with the Respondent.
8. Since the entry of the existing Custody Order,
(a) The Petitioner has relocated to his current address in the state of
Massachusetts rendering the alternating weekend schedule impractical;
and
(b) The Respondent has not permitted the Petitioner to exercise any contact
with the child.
9. The natural mother of the child is Mindy K. Crum. She is single.
10. The natural father of the child is Dwayne L. Bound, Sr. He is single.
11. The relationship of the Petitioner to the child is that of natural father. The natural
father currently resides with his girlfriend.
12. The relationship of the Respondent to the child is that of natural mother. The
natural mother currently resides with her mother, her boyfriend, a minor daughter, and the child
at issue.
13. The Petitioner has not participated as a party or a witness in any other capacity' in
litigation concerning the child.
14. Petitioner has no information of any custody proceeding concerning the child
pending in any Court of this Commonwealth.
15. The best interest of the child will be provided by modifying the existing Custody
Order for following reasons:
(a) Mother's non-cooperation has made the existing Order unmanageable; and
(b) In order for Father to foster a healthy relationship with the child, he must
be permitted extended periods of custody at his residence in Massachusetts.
16. Petitioner does not know of any person not a party to these proceedings who
claims to have custody or visitation rights with respect to the child.
WHEREFORE, Petitioner requests your Honorable Court to grant his request to enter an
Order scheduling a Custody Conciliation regarding the custody
Res fully subm' ed,
aooD
Thromas S. Diehl, Esquire
Attorney for Defendant/Petitioner
401 East Louther Street, Suite 103
Carlisle, Pennsylvania 17013
(717) 240-0833
EXHIBIT A
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Mindy K. Crum, :IN TIME COURT OP COMMON PLEAS
Plaintiff
:OP CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO.99- CIVILTERM
Dwayne L. Boutte, Sr.,
Defendant :PROTECTION PROM ABUSE AND CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Dwayne L. Boutte, Sr.
Defendant's Date of Birth: 2/24/73
Defendant's Social Security Number: Unknown to Plaintiff
Name of Protected Person: Mindy K. Crum
AND NOW, this -t+y day of December, 1999, upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
0 1. Defendant shall not abuse, harass, stalk or threaten Plaintiff in any place where she
might be found.
0 2. Defendant is evicted and excluded from Plaintiffs residence located at, Cumberland
County, Pennsylvania, (a residence which is jointly owned/leased by the parties; owned/leased by
lie entireties; owned/leased solely by Plaintiff/Defendant to which Plaintiff and the minor
child/ren moved to avoid abuse, which is not owned or leased by the Defendant, or any other
permanent or temporary residence where Plaintiff 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, except for the limited purpose of transferring custody of the parties' child/ren.
Defendant shall remain in his vehicle at all times during the transfer of custody.)
0 3. Except for such contact with (lie minor child as may be permitted under Paragraph 5
of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to any contact at Plaintiffs residence or place of
employment. Defendant is specifically ordered to slay away from (lie following locations
for the duration of this Order: Any residence or place of employment Plaintiff may
establish.
® 4. Except for such contact with the minor child as may be permitted under Paragraph 5
of this Order, Defendant shall not contact Plaintiff by telephone or by any other means,
including through third persons.
0 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
X1
9
lempurary custody of the following minor child: Dwayne L. Boutte Jr. (DOD 4/27/99).
Until the final hearing, all contact between Defendant and tine children shall be limited to
the following: Defendant shall have partial custody of the child every other weekend from
Saturday at 11:00 a.m. until Sunday at 6:00 p.m.
The local law enforcement agency in the jurisdiction where the children are located shall
ensure that the children are placed in the care and control of Plaintiff in accordance with
the terms of this Order.
? 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a
designated local law enforcement agency for the delivery to the Sheriffs Office:
Defendant is prohibited from possessing, transferring or acquiring any other weapons for the
duration of this Order.
® 7. The following additional relief is granted:
The Cumberland County Sheriffs Department shall attem
Plaintiff's request and without pre-paYl»e pt to make service at
n t of fees, but service may e s
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in to the
the office of the Prothonotary and forwarded
Sheriff for service. The
Defendant by mail. Prothonotary shall not send a copy of this Order to
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.
Defendant is enjoined from damaging or destroying any property owned jointly by
the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives.
® 8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter: A copy of this Order shall be
mailed to the proper authorities.
O 9. Tl-IIS ORDER SUPERSEDES O ANY PRIOR 1'1,.A ORDER AND ? ANY PRIOR
ORDER RELATING TO CHILD CUSTODY
® 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED Olt 7•ERMINATED By THIS COURT
AFTER NOTICE AND REARING.
?i
NOTICE TO DEFENDANT
1119
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 $1,000.00 and/or up to
six months in jail. 23 Pa.C.S. §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. §6113. 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. Any Protection order granted
by a court may be considered in any subsequent proceedings including child custody
proceedings. under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over Plannlff 's
residence OR any locations where a violation of this order occurs OR where Defendant
may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant
may be arrested on (lie 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
tine violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which
issued this Order, which office shall maintain possession of the weapons until further
Order of this Court, unless the weapon/s arc evidence of a crime, in which case, they shall
remain with the law enforcement agency whose officer made the arrest.
BY THE COURT,
Judge
TRUE COPY FRMPI RECORD
to Tosttmmy whored, i to re unto set my hand
and tiro seal of saki Court at Cafi e, Pa.
rhi ay o « 19-??--
orothono
MINDY K. CRUM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVILACTION -CUSTODY
DWAYNE L. BOUTTE, SR., NO. 99-7339 CIVIL TERM
1 Defendant/Petitioner
: IN CUSTODY
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unswom falsification to authorities.
DWAYNE L. BOUTTE,
Defendant/Petitioner
12/08/99 WED 09:28 PAC 717 240 6573 CUM9 CO PROTHONOTARY 9 9- "O Ia 001
xss TX REPORT six
TRANSMISSION OK
TS/RX NO 1620
CONNECTION TEL 92490779
CONNECTION ID
ST. TIME 12/08 09:20
USAGE T 07'50
PGS. 12
RESULT OK
JUL 31 2000D
MINDY K. CRUM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DUANE L. BOUT-Ft, SR., : NO.99-7339 CIVIL
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this tv day of -"/--,-2000, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
The Temporary Protection From Abuse Order in the above matter is modified as it
relates to custody of the minor child, Dwayne L. Boutte, Jr., born April 27, 1999 as
follows:
A. The Mother, Mindy K. Crum, shall continue to enjoy primary
physical custody of the minor child.
B. During the months of August and September, the Father shall enjoy
periods of temporary physical custody of the minor child when he is
in the Shippensburg area. Father shall notify Mother through his
counsel in advance as to when he will be in the area. The parties
shall arrange for a neutral location for exchange of custody and
Father shall enjoy at a minimum custody of the child during the day
from approximately 9:00 a.m. until 5:00 p.m. for each day he is in
town. Father shall notify Mother as to where he is staying when in
the Shippensburg area and the parties shall work between their
respective attorneys in an effort to create a meaningful visitation
arrangement for Father when he is in the area.
C. The parties shall meet again for another Custody Conciliation
Conference on Thursday, October 12, 2000 at 9:30 a.m. It is
anticipated that Father's periods of temporary custody with the minor
child shall be expanded in October to allow Father to take the child
to Massachusetts for over night visitation for a number of days.
However, in the event there are any problems with Father exercising
custody, Mother can bring those issues up at the second Conciliation
Conference and the parties agreement on this temporary Order shall
not bind them to any particular agreement in October or thereafter.
D. In the event legal counsel for the parties are able to work out an
agreement prior to the second Conciliation Conference, legal counsel
can contact the Conciliator and cancel the Conciliation Conference.
BY THE: COURT
cc: Thomas S. Diehl, Esquire
Maryann Murphy, Esquire
0O
C?'g-1 ??g
Y?f`??
MINDY K. CRUM,
Plaintiff
v
DWAYNE L. BOUTTE, SR.,
Defendant
Prior Judge: George E. Hoffer
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99-7339 CIVIL
: 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:
Dwayne L. Boutte, Jr., born April 27, 1999.
2. A Conciliation Conference was held on July 27, 2000, with the following individuals in
attendance:
The Mother, Mindy K. Crum, with her counsel, Maryann Murphy, Esquire; and the Father,
Dwayne K. Boutte, Sr., with his counsel, Thomas S. Diehl, Esquire.
3. The parties agree to the entry of an order in the form as attached.
'7 a ? as v/e(?-V-A
DATE Hubert X. Gilroy, Esquir
Custody Conciliator
1:__'_'.:.:
HOLLY J. WENDELL, DVM : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Counter Defendant : CUMBERLAND COUNTY, PENNSYLVANIA
-1 394
VS. NO: 99-x} CIVIL TERM
EUGENE GRIFFITHS, : CIVIL ACTION - LAW
Defendant/Counter Plaintiff :
TO: COUNTER DEFENDANT
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the
claims set forth ac-.inst you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any
money claimed in the complaint 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
Lawyer Referral Service
2 Liberty Avenue
Carlisle PA 17013
Telephone: (717) 249-3166
. a
HOLLY J. WENDELL, DVM, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ` I
VS. : NO. 99-7999 CIVIL TERM
EUGENE GRIFFITHS, : CIVIL ACTION - LAW
Defendant ;
ANSWER, NEW MATTER and COUNTERCLAIM q
AND NOW, comes Defendant, Eugene Griffiths, by and through his °i
attorney, Gregory J. Katshir, Esquire, with the following Answer, New
Matter and Counterclaim as follows:
i.
ANSWER
1. Paragraph one (1) of Plaintiffs Complaint is admitted.
2. Paragraph two (2) of Plaintiffs Complaint is admitted.
3. Paragraph three (3) of Plaintiffs Complaint is admitted.
4. Paragraph four (4) of Plaintiff s Complaint is admitted.
5. Paragraph five (5) of Plaintiffs Complaint is admitted.
6. Paragraph six (6) of Plaintiffs Complaint is admitted in part and
denied in part. It is admitted that Plaintiff went to Defendant's
barn at his request. It is denied that Defendant entered into an
oral contract. It is admitted that the parties entered into an
implied contract wherein Plaintiff would provide veterinary
services and Defendant would pay for those services. That implied
contract was based upon past dealings between the parties. It is
also specifically denied that the parties entered into a contract,
either oral or implied for the treatment of an intestinal impaction
colic from which the horse, ShannonAgain was suffering. It is
averred by Defendant that ShannonAgain was not suffering from
an intestinal impaction colic but rather was suffering from a twist,
or strangulation obstruction, a more serious form of colic that
requires surgery.
7. Paragraph seven (7) of Plaintiffs Complaint is denied. Defendant
denies entering into an oral contract or specifically agreeing to pay
Plaintiff her normal and customary charges for veterinary services.
8. Paragraph eight (8) of Plaintiffs Complaint is admitted in part and
denied in part. It is admitted that Plaintiff billed Defendant the
amount of $947.25 for services claimed to have been rendered by
Plaintiff. It is denied that any veterinary services were provided
pursuant to an oral contract. Furthermore, Plaintiffs action to
recover fees is barred by Plaintiffs negligent conduct. Specifically,
Plaintiff failed to properly diagnose ShannonAgain's illness, failed
to perform necessary tests to determine the exact condition of the
horse, failed to properly treat the horse, and failed to refer the
horse for surgery. Plaintiffs conduct in failing to properly
diagnose, test and treat Defendant's horse was a breach of
Plaintiffs duty to exercise reasonable care, skill and diligence on
behalf of Defendant and Defendant's horse. As a result of
Plaintiffs negligence Defendant's horse and unborn foal died and
Defendant has suffered loss in the value of ShannonAgain and the
unborn foal.
9. Paragraph nine (9) of Plaintiffs Complaint is denied. The parties
did not enter into any oral, implied or written contract that
provided for terms of payment.
10. Paragraph ten (10) of Plaintiffs Complaint is denied. After
reasonable investigation Defendant is without sufficient
knowledge or information to form a belief as to the truth of the
averments and strict proof thereof is demanded at the time of trial.
11. Paragraph eleven (11) of Plaintiffs Complaint is admitted in part
and denied in part. It is admitted that Defendant has refused to
pay Plaintiff the amount of $947.25. However, it is denied that he
has failed to pay within a specific 30 day period. The parties did
not enter into an agreement that called for payment within a
certain period of time.
12. Paragraph twelve (12) of Plaintiffs Complaint is denied. The
parties did not enter into any oral, implied or written contract that
provided for late charges or service fees in the event of any alleged
nonpayment.
13. Paragraph thirteen (13) of Plaintiffs Complaint is admitted in part
and denied in part. It is admitted that Plaintiff incurred fees and
costs at the District Justice level, however, it is denied that
Defendant is responsible to Plaintiff for said amounts.
14. Paragraph fourteen (14) of Plaintiffs Complaint is denied.
Paragraph fourteen (14) attempts to set forth some type of legal
conclusion to which no responsive pleading is required.
WHEREFORE, Defendant requests that Plaintiffs claim be denied.
NEW MATTER
15. The representations set forth in Paragraphs one through fourteen
(1-14) are incorporated herein as if the same were set forth in
detail.
16. By way of implied contract, Defendant hired Plaintiff to perform
veterinary services upon his horse.
17. For a period of several days, Plaintiff treated the horse as if it were
suffering from intestinal impaction colic, even though the
f the horse revealed that the horse was
plaintiffs examinations o
uction
suffering from a twist, or strangulation obstr, a condition
that requires emergency surgery.
13. Plaintiff did not perform a peritoneal tap that would have provide
a more definitive answer as to the horse's condition even though,
19. At no time did Plaintiff refer
necessary to do so.
toms, it was for
based upon the horse's symp ro erl treat, properly
20. Plaintiffs failure to properly diagnose, p P Y
test, and refer to surgery were breaches of her duty to use
reasonable care, skill and diligence.
of duty, Defendant suffered the loss of his
. As a result of her breach
21
horse and her unborn foal. her negligent conduct.
22. Plaintiffs action to recover fees is barred by
COUNTERCLAIM
and
AND NOW, comes Counte JPlainti , E gen squiree iht s, following
through his attorney, Gregory counterclaim and avers as follows:
23. Paragraphs one through fourteen (1-14) n Ds efendant
the sa/Co were set
Plaintiff s Answer are incorporated
forth in detail.
Cal an
24. adCounter Plainti Eugene ult individual re d ng at 37755tHollowbrook Drive, Carlisle,
Pennsylvania. (hereinafter
25. Counter Defendant, Holly J. Wendell, DVM, (h
"Wendell") is a veterinarian duly licensed to practice veterinary
Pennsylvania lace of
medicine in the Commonwealth of Pennsylvania
business located at 25 Shady Lane,
26. At all times relevant hereto SHANNONAGAIN. Add t onally patn
thoroughbred horse named, NONAGAIN was with unborn foal.
all times relevant hereto, SHAH
27. On or about May 7, 1999, Griffiths became aware that his horse,
SHANNONAGAIN, was in a great amount of pain. Griffiths
contacted Wendell to request that she come to his farm to examine
the horse.
28. On
parties entered into an implied contract wherein Wendell would
provide veterinary services and Griffiths would pay for those
services. Wendell did examine ShannonAgain. Wendell
performed a rectal examination to find that the horse's intestines
were not moving. Based upon that examination, Wendell believed
that the horse had an impacted colon. Wendell treated the
condition by passing a stomach tube into the horse and
administering mineral oil through the tube.
29. After administering the mineral oil through the tube, Wendell left
Griffiths' farm. Wendell returned at approximately 5:30 p.m. on
May 7, 1999 to check on the horse's condition. The horse's
condition had not improved after the administration of the mineral
oil. Wendell again performed a rectal examination to reveal no
intestinal mobility. At that time, Wendell commenced fluid
therapy by installing a catheter. Wendell instructed Griffiths to
administer fluid to the horse via the catheter throughout the
evening. Griffiths did administer the fluid and monitored the
horse throughout the evening of May 7, 1999.
30. On May 8, 1999, at approximately 9:00 a.m., Griffiths again
contacted Wendell. He informed her that he believed that the
condition of the horse had worsened overnight. Griffiths requested
that Wendell return to the farm.
31. Wendell returned to the farm on May 8, 1999. Upon return,
Wendell examined the horse by checking the heart rate,
performing a rectal examination, checking the mucus membranes
for capillary refill time, and listening to the abdomen for
movement.
32. The examinations revealed that the horse's heart rate had
increased, the colon was impacted and the cecum was distended,
there was a slow capillary refill time, and there was no movement
in the abdomen. These conditions demonstrated that the condition
of the horse had worsened and that the horse may be suffering
from a twisted gut or volvulvus, conditions that require emergency
surgery.
33. In addition to the above examinations, Wendell also passed a
nasograstic tube. After the insertion of the tube, Wendell placed
fluid in the tube in an effort to pass the fluid to the stomach of the
horse. The fluid refluxed out of the tube.
34. Wendell did not perform a peritoneal tap that would have
demonstrated intestinal damage.
35. On the morning of May 8, 1999, after examination, Wendell
recognized the possibility of a twisted gut or volvulvus.
36. Wendell again, however, suggested additional fluid therapy. After
going to her veterinary clinic to obtain additional fluids, Wendell
returned to the farm to hook-up the fluids to the catheter at
approximately 12:00 p.m. Wendell left the farm and again
returned at approximately 6:00 p.m.
37. At that time, upon examination, it was discovered that the heart
rate had again increased, the mucus membranes were the same or
slightly worse, mobility in the abdomen had decreased, the rectal
impaction was larger and the cecure was distended. Again
Wendell suggested additional fluid treatment.
38. Wendell then provided Griffiths with numerous bags of fluid,
including several that included instructions that indicated that
only a veterinarian should administer that fluid. Wendell
instructed Griffiths to monitor the horse and provide fluids.
39. Wendell then left to attend a dinner party.
40. At the time Wendell departed the farm to attend the dinner party,
the condition of the horse was deteriorating.
41. Shortly after Wendelrs departure, Griffiths attempted to contact
Wendell via her page system. Griffith was attempting to inform
Wendell that the condition of the horse had deteriorated to the
extent that he believed she was going to die. Wendell did not
return the message left by Griffiths.
42. Due to the fact that Wendell did not respond to the page left by
Griffiths and the apparent life threatening condition of the horse,
Griffiths contacted another veterinarian.
43. Upon Griffiths' explanation of the horse's symptoms and condition
to the veterinarian on the telephone, the other veterinarian
instructed Griffiths to immediately take the horse to the
University of Pennsylvania School of Veterinary Medicine New
Bolton Center in order to undergo emergency surgery.,
44. Griffiths attempted to transport SHANNONAGAIN to New Bolton
Center in Kennett Square, Pennsylvania, however, the mare, with
unborn foal, died en route.
45. At no time over the two (2) day period of treatment did Wendell
indicate or request that SHANNONAGAIN be referred to a
veterinary hospital for surgery.
46. Wendelrs failure to refer SHANNONAGAIN for surgery at a
veterinary hospital and her continued, persistent efforts to treat
the horse's condition with fluids resulted in the death of
SHANNONAGAIN and her unborn foal.
47. The actions, and failure to act, of Wendell have caused Griffiths to
suffer the loss of his valuable thoroughbred mare and her unborn
foal. The market value of SHANNONAGAIN and the unborn foal
was approximately $20,000.00.
COUNTI
NEGLIGENCE
48. Paragraphs one through thirty-eight (1-38) are incorporated herein
as if the same were set forth in detail.
49. The actions, and failure to act, of Wendell, as set forth above,
breached her duty to use reasonable care and fell below the
reasonable degree of skill, diligence and attention which is
ordinarily expected from a veterinarian generally and specifically
in the following particulars:
a) in failing to properly diagnose'and treat the condition from which
SHANNONAGAIN suffered;
b) in continuing to treat the horse with fluid therapy for colic when
symptoms of the horse indicated that referral for surgery was
necessary;
c) in failing to refer SHANNONAGAIN for surgery;
d) in failing to perform a peritoneal tap to obtain additional
information regarding the horse's condition.
As a direct and proximate result of Wendell's negligence and failure to
exercise the appropriate standard of care in the treatment of
SHANNONAGAIN, Griffiths has suffered a loss of $20,000.00.
WHEREFORE, Counter Plaintiff Griffiths demands the amount of
$20,000 plus reasonable attorney's fees, costs of suit, and other such
relief as the Court deems proper.
Respectfully
Gregory U. Xatshir, Esquire
Attorney for Defendant/Counter
Plaintiff
PAID#61967
900 Market Street
Lemoyne PA 17043
(717) 763-8133
VERIFICATION OF KNOWLEDGE INFORMATION AND B9LIEF
I verify that the facts set forth in the foregoing Answer, New Matter
and Counterclaim are true and correct to the best of my knowledge,
information and belief. I understand that false averments herein are made
subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Date: <> /9
G
Eugene Griffiths
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the
foregoing Answer, New Matter and Counterclaim was served upon the
following via First Class mail, on August 2000, postage
prepaid as below:
Diane G. Radcliff, Esquire
3998 Trindle Road
Camp Hill PA 17011
OCT 7 s 2000
MINDY K. CRUM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
DWANE L. BOUTTE, SR., : NO.99-7339 CIVIL
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this OC7 day of October, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. The Mother, Mindy K. Crum, shall enjoy legal and physical custody of
Dwayne L. Boutte, Jr., bom April 27,1999.
2. The Father, Dwayne L. Boutte, Sr., shall enjoy periods of temporary physical
custody with the minor child at such times and under such circumstances as
agreed to by the Mother.
3. If the Father is dissatisfied with the amount of custody provided to him by
the Mother, Father may petition the court to have this case again scheduled
with the Custody Conciliator for a Conference.
BY-THE
George E. offer
cc: Thomas S. Diehl, Esquire
Maryann Murphy, Esquire
i' ?? . ._
-.,
fi.?'
•?~
i__?._.... _
{ _..- ,..
?.._:_.... .. ... ?. ___.•t.r?...
MINDY K. CRUM,
Plaintiff
DWANE L. BOUTTE, SR.,
Defendant
Prior Judge: George E. Hoffer
: M THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-7339 CIVIL
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:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Dwayne L. Boutte, Jr., bom April 27, 1999.
2. A Conciliation Conference was held on October 12, 2000, with the following individuals in
attendance:
The Mother, Mindy K. Crum, with her counsel, Maryann Murphy, Esquire; and the Father's
counsel, Thomas S. Diehl, Esquire. The Father did not attend.
3. Mother's counsel relates Father has not had much visitation with the child since the prior
conciliation in July. In light of that fact and in light of the Father's absence from the
Conciliation, the Conciliator recommends the entry of an order in the form as attached.
/a/12 zoo
DATE Hubert X. Gilroy, Esquire
Custody Conciliator