Loading...
HomeMy WebLinkAbout04-1038Copies Distributed BONNIE ANN TONER, Plaintiff VS. MA'I-rHEW SCOTT BOUGHTER, SR., Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA · NO. 2004 CV 0002 CU ~ : CIVIL A~ON - CU~ODY ~ ORDER AND NOW, this 4m day of March 2004, upon consideration of the Defendants Preliminary Objections to the Plaintiff's Petition for Civil Contempt for Disobedience of a Custody Order and Brief in Support of thereof and upon consideration of the Plaintiff's Answer to the Preliminary Objections and Brief in Opposition, the Preliminary Objections Of the Defendant are su.~taJned. The venue in this matter is in Cumberland County. The Dauphin County Prothonotary's Office is directed to transfer this case to the Cumberland County Prothonotaryfs Office. BY THE COUld, T: Todd A. Hoover, Judge Distribution: Laurie Wiest, Esquire, YWCA, 114 Walnut Street, Harrisburg, PA 17101 - Plaintiff William M. Shreve, Esquire, 3618 North Sixth Street, P.O. Box 5292, Harrisburg, Pa 17110- Defendant Dauphin County Prothonotary's Office - Steve Farina Date: 3/8/2004 Time: t0:09 AM Page 1 of 1 Dauphin County ReA Report Case: 2004-CV-0002-CU Current Judge: No Judge Bonnie Toner vs. Matthew Boughter Custody/Visitation User: LGARCIA Date 1/2/2004 2/2/2O04 2/11/2004 2/23/2004 3/4/2004 31812004 New Civil Case Filed This Date. Plaintiff: Toner, Bonnie Attorney of Record: Laurie E Wiest Application for Leave to Proceed In Forma Pauperis, filed Complaint in Custody, filed. Judge No Judge No Judge No Judge No Judge Preliminary objections/Motion to Transfer Venue, and Brief of defendant in No Judge support of preliminary objections/Motion for change of venue, filed Upon consideration of the Preliminary Objections/Motion for Change of Venue of Defendant to Plainitiff's Petition for Civil Contempt for Disobedience of a Custody Order and Brief in Support, the Court hereby issues a Rule To Show Cause as to why the said Motion should not be granted. Rule returnable within 10 days from service. See RULE TO SHOW CAUSE filed. Copies Dist. 2-12-04. Answers to preliminary objections/Motion for change of venue for petition for modification and contempt, and Reply brief to brief of defendant in opposition to preliminary objections/Motion for Change of Venue, filed Upon consideration of the Defendants Preliminary Objections to the Plaintiff's Petition for Civil Contempt for Disobedience of a Custody Order and Brief in Support of thereof and upon consideration of the Plaintiff's Answer to the Preliminary Objections and Brief in Opposition, the Preliminary Objections of the Defendant are sustained. The venue in this matter is in Cumberland County. The Dauphin County Prothonotary's Office is directed to transfer this case to the Cumberland County Prothonotary's Office. See ORDER, filed. Copies dist. 3-5-04 The above action transferred to the Court of Common Pleas of No Judge Cumberland County. ****NO MORE ENTRIES CASE TRANSFERRED**** No Judge TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Todd A. Hoover Ne Judge Todd A. Hoover I fl~cby c~rti~! that the foregoing is a !~.~ ~.r,,J co~r~ c~ynof ~e odgJ~al Prot~nots~ BONNIE TONER Plaintiff MATTHEW BOUGHTER Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY : PENNSYLVANIA No. 2004 CV d:tgTtg~( CU CiVIL ACTION - LAW : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Bonnie Toner, Plaintiff, to proceed in forma pauperis. I, Laurie E. Wiest, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. . Laurie E. Wlest, Esqmre Attorney I.D. Number 83518 YWCA Domestic Violence Legal Clinic 114 Walnut Street Harrisburg PA, 17101 717-724-0516 ORDER And now, this ~5~/ day o~/~ ,2004, upon presentation and consideration of the above Affidavit and Praffcipe, pursuant to Pennsylvania Rule of Civil Procedure 240 (d) and Dauphin Cotmty Rule 240 (1), said Application is hereby granted. BONNIE TONER Plaintiff MATTHEW BOUGHTER Defendant : 1N THE COURT OF COMMON PLEAS DAUPHIN COUNTY PENNSYLVANIA No. 2004 CV ~,O... CU CWIL ACTION - LAW : CUSTODY Affidavit in Support of Application to Proceed In Forma Pauperis 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting the action or proceeding. 2. I am unable to obtain funds from anyone including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Bonnie Toner Address: 419 Old Stage Road, Lewisberry, PA 17339 Social Security Number: 196-54-6224 Employment If you are presently employed, state Employer: Consolidated Properties Address: 400 North Front Street, Wormleysberg Salary or wages per month: Gross: 1400/month Net: 924/month Type of work: Maintenance If you are presently unemployed, state Date of last employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: N/A Dividends: N/A Pensions and annuities: N/A Social security benefits: N/A Support payments: N/A Disability payments: N/A Unemployment compensation and supplemental benefits: N/A Workmen's compensation: N/A Public assistance: N/A Other: N/A (d) Other contributions to household support (Wife) (Husband) Name: N/A If your (wife) (husband) is employed, state Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: N/A Contributions from parents: N/A Other contributions: N/A (e) Property owned Cash: $5.00 Checking account: N/A Savings account: N/A Certificates of deposit: N/A (f) Real estate (including home): N/A Motor vehicle: N/A Year 1997 Pontiac GrandAm Cost $1500 Stocks; bonds: N/A Other: N/A Debts and obligations Mortgage: N/A Rent: N/A Loans: N/A Other: Amount Owed $0 Support $320/month Electricity - $121/month Telephone - $21/month Heating/Cool $300/month - 5/months/year Oil $1.09/gallon (filled 2x/year Gasoline $25/week Cable $70/month (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A Children, if may: 1 child Name Age Matthew Boughter, Jr. 10 Other Persons: N/A Name: N/A Relationship: N/A 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. sec. 4904, relating to unswom falsification to authorities. Bonnie Toner, Petitioner BONNIE ANN TONER : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY : PENNSYLVANIA V. : : MATTHEW SCOTT BOUGHTER, SR. : No. 2004 CV ~ ~.,,CU Defendant CIVIL ACTION LAW CIVIL CONTEMPT - CUSTODY NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court you defenses or objections, you must appear in person in court on the day of at __ a.m. in Courtroom number __ of the Dauphin County Courthouse located at Front and Market Streets, Harrisburg Pennsylvania, 17101. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for custody, you may be found to be in contempt of court and committed to jail, fined or both. 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 OFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg PA 17101 717-232-7536 Date: BY THE COURT: Judge BONNIE ANN TONER Plaintiff MATTHEW SCOTT BOUGHTER, SR. Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY PENNSYLVANIA No. 2004 CV ~O0~, CU CIVIL ACTION - LAW CIVIL CONTEMPT - CUSTOD~ ~ PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUS~DY ~ ORDER ~, ~ The Petition of Bonnie Ann Toner respectfully represents: 1. That on March 10, 2003 the parties Custody Stipulation and Agreement was entered as an order of Court in Cumberland County, Pennsylvania awarding custody of the minor child Matthew Scott Boughter, Jr. A true and correct copy of the order is attached to this petition. 2. Respondent has willfully failed to abide by the order in that: a. The custody order states that Respondent (hereinafter Father) shall have primary physical custody of the child and Petitioner (hereinafter Mother) shall have partial physical custody on alternate weekends as the parties mutually agree. The order further states that Mother shall return the child no later than 6:00 p.m. on Sunday. Despite Mother's multiple requests she has not seen the child since March 2003. b. Father denies all Mother's requests to see the child, and insists that if she is to see her son she must do so at his residence under his supervision. Father has stated he will not let her take the child out of his supervision. The custody order does not contain any provisions for supervised visitation and plainly states that Mother shall return the child no later than 6:00 p.m. on Sunday, indicating supervised visits were not contemplated when the parties signed the stipulation and agreement. c. The custody order states that the parties shall share transportation of the child. Mother has volunteered to provide transportation, and Father has refused her requests for a visit despite her offer. d. Paragraph 4 of the custody order states that the parties shall share holidays as they agree and that mother shall have custody on Mother's Day from 11:00 a.m. until 7:00 p.m. Father has refused to share the holidays and has not permitted Mother to take custody of the child on Mother's Day. Mother has not spent a holiday with her son since March 2003. e. Paragraph 1 of the custody order states that the parties share legal custody of the child, but Father has failed to consult or even notify Mother of major issues regarding the child's medical care. Father did not consult with or inform Mother that the child was on Ritalin, that he now has glasses or that he will be wearing braces soon. Father's actions seriously impair Mother's desire to participate in the decisions regarding the child's medical care. fi Mother calls the child by telephone every day and leaves two to three messages for the child to return her calls. Until early December the child did not return her calls, and Mother believes someone in father's household monitors the child's conversations from another telephone extension. g. Father's actions are in contravention of the custody stipulation and agreement entered as an Order of Court and seriously undermine Mother's ability to form a loving bond with her son and continue to develop a relationship with him. WHREFORE, Petitioner Mother requests that Respondent be held in contempt of court. Attorney for Plaintiff Attorney I.D. Number 83518 YWCA Domestic Violence Legal Clinic YWCA of Greater Harrisburg 114 Walnut Street Harrisburg PA 17101 717-724-0516, extension 206 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. sec. 4904 relating to unswom falsification to authorities. Bonnie Ann Toner, Petitioner 12,'~0/0~ SAT 10:2~ FA~ 717 731 CONSOLIDATED PROP. BONNIE ANN TONER, ) IN TIlE COURT OF COMiMON PLEAS Plaintiff/Rcsponden0 CUMBERLAND COUNTY, PENNSYLVANIA ) vs. ) N.. 96-777 CIVIL TERM ) NIATTHEW SCOTT BOUGHTER, SR., ) Civil Aclion - ! Defendant/Peril'loner) In Cust.dy ORDER OF COURT AND NOW. this l.'O day of._ ~/,~ e~,e,~ ~ ,2003, upon c.nsideration of the attached Stipulation it is hereby Ordered and Decreed that tile parties shall share legal custody of thc child. Matthew Seen' Boughtcr, .Ir., date of birth, Sept'ember 28, 1993. The parties further agree that Father shall have primary physical custody of said child, subject to periods of p~tial physical custody wilh Mother as the parties raay agree. BY THE COURT: /2 / J. SAT 10:28 FAX 717 731 9075 CONSOLIDATED PROP. ~005 MJclmel S Travis 4076 Markc~ Street. Suite 209 Camp Hill, PA 17011 (717) 731-9502 BONNIE ANN TONER, ) IN TIIE COUR'F OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA ) vs. ) No. 96-777 CIVII, TEIINI ) NIATTHEW SCOTT BOUGHTER, SR., ) Civil Action - Law DcfendanffPetilioncr) In Custody CI.rSTODY STIPULATION AND AGREEMENT AND NOW, come the pm-ties hereto, Plaintiff, Bolmi¢ Ann Toner ("Mother")> an h~dividual residing at 1001 School Homo Lane, Lewisben'y, York County, Pe~msylvania, 17339 and Defendant, Matthew S. Boughter, SI'., ("Father"). an individual residing at 3736 Rutherford Street, Harrisburg, Dauphin County, Pennsylvania, 17111 as said pm'tie.~ have reached mutual agreement as to the custody of their chi}d Matthew S. Boughter, Jr.. bom September 28, 1993, mid hereby stipulate to the following custody agreemeut, and hereby request the Com't to enter the same as an Order of'Court: I. Mother and Father shall share legal custody of said child, as to all matters rcg,'u-ding thc child's health, education, and welfa;'a. 2. Father shall have primary physical custody of,said child. 3. The parties agree fl~at Mother shall have periods of partial physical custody on alternating weekends at such times as the pac,;les may mutually agree. Mother shall return the Child lie later than 6:00p.m. on the Sunday of return. The parties shall share tr;mspo~'tatiml o£ the child between custody exchanges. 12/20/03 SAT 10:28 FAX 717 73~ g0?$ CONSOLIDATED PROP, ~]004 Ht~lidays. I]olidays shall be shared at such times as the parties may agree. Mother '~' Davy. Mother shall have the child on Mother's Day frown 11 A.M. to ? P,M. 5. If either parent is unable to keep their scheduled times of visitation, they shall provide at least twenty-four (24) hours' notice. 6 Neither pal~y shall do or say anything which may estrange the child from thc other parent, injm'e the opinion of the child as to lhe other parent, or hamper the fl'ce and natural development of~'he child's love and respect for thc other parent. 7. Neither pm~y shall consume alcohol 1o thc point of intoxication during his or her periods of visitation with the child. 8. The pa,ties shall have the right to modify any provision of the custody schedule hereto upon mtttual agreement by both pa,'ties. [u the event a proposed modification is not agreed tn. the schedule as stated shall be complied with by the parties. The parties reserve rite right tn modify this Stipulation and Agreement through the court ~ursuant to Pennsylvania Law, Cmnberland County. ?em~sylvaaia, shall retain jurisdictioo. / Bomfie A. Toner, Plaintiff Matthew .~. Bougller. Sr., Defenda.nt Witr~sss BONNIE ANN TONER Plaintiff MATTHEW SCOTT BOUGHTER, SR. Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY PENNSYLVANIA No. 2004 CV ~--CU CiVIL ACTION - LAW CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The petition of Bonnie Ann Toner respectfully represents that on March 10, 2003, an Order of Court was entered in Cumberland County for custody, a true and correct copy of which is attached. 2. This Order should be modified because: a. Respondent (hereinafter Father) has consistently refused Petitioner's (hereinatier Mother) requests to exercise her rights to partial physical custody under the March 10, 2003 order of court. Father insists Mother shall only visit the child nnder his supervision in bis home, despite the fact that there is no requirement in the order that Mother be restricted to supervised time with her son. Father has rebuffed Mother's attempts to share the holidays as required by the order, as a result of which Mother has not seen her child since March of 2003. Father has not permitted Mother custody on Mother's Day as the order provides. b. Mother has not had reasonable telephone contact with the child, despite leaving voice mail messages for the child to return her calls. Mother sometimes leaves two to three messages each day, and it is only within the last several weeks that the child has called Mother. The child is ten years old and casa institute telephone contact with his mother. Mother also believes Father or another member of Father's household monitors the child's conversations with her from another extension. c. Father does not consult Mother regarding legal custodial matters. Legal custody is shared under the terms of the order, but Mother was not consulted on the decision to put the child on Ritalin, nor was she consulted on the recent decision to have braces put on the child's teeth. She was also surprised to learn that the child now wears glasses, because she was not consulted about this matter. d. Mother and Father were married when the child was born but separated when he was one year old. Under the terms of a custody order entered in Cumberland County, entered when jurisdiction was in Cumberland County, Mother had primary physical custody and father had alternate weekends. Father frequently did not take his alternate weekends, and Mother believes he did so only on those weekends when the child's paternal grandmother was available to take care of the child. As the child grew older, Father spent less and less time with the child. e. Between the ages of two and four Father did not see the child at all, by his own choice. When the child was about four years old Father remarried and began to see the child again, presumably because he now had someone else to assist with care of the child. The order was modified when the child was six years old to give Father every Wednesday as well as alternate weekends. Mother retained primary physical custody. f. Mother had a series of serious surgeries in 2002, for which she was given Vicodin, a powerful analgesic. Mother was instructed by her physician to take the whole bottle of the drug, and when she stopped she became depressed and sought more Vicodin. Mother became addicted to the drug. Realizing her problem, Mother sought assistance to break her dependency on the drug. Mother entered intensive out patient therapy at the Roxbury facility. Her course of treatment included group and individual therapy as well as random drug tests and breathalyzer tests. Mother has finished her course of treatment. g. Before Mother began her course of treatment at Roxbury she understood that she could not properly look after the child's best interests, and asked Father to take primary custody. Father wanted a custody order, Mother believed, to prevent problems with the child regarding school. Mother signed the attached stipulation because she was going into intensive rehabilitation. h. Mother believes a temporary custody order was entered in Dauphin County, but the order was entered as a permanent order in Cumberland County, despite the fact that neither party resided in Cumberland County and Cumberland County was not the home county of the child at the time the order was entered. i. Mother does not believe Cumberland County is the proper venue for the custody case, because neither party resides in Cumberland County nor does the child reside in Cumberland County. Mother asks this court to take jurisdiction in this case for the convenience of the parties. Because of Father's recalcitrant behavior regarding Mother's periods of partial physical custody Mother believes her relationship to the child has been eroded and may be irreparably damaged unless the court modifies the existing order to provide her with the opportunity to strengthen and repair the loving bond between mother and child. WHRERFORE, Petitioner requests that the Court modify the existing Order for Custody because it will be in the best interest of the child. Attorney for Petitioner Attorney I.D. Number 83518 YWCA Domestic Violence Legal Clinic YWCA of Greater Harrisburg 114 Walnut Street Harrisburg PA 17101 717-724-0516, extension 206 VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. sec. 4904 relating to unsworn falsification to authorities. Bonnie Ann Toner, Petitioner 12,'20/00 SAT 10:25 FAX 7~7 73~ 9075 CONSOLIDATED PROP, ~oo~ BONNIE ANN TONER, ) IN TIlE COURT OF COMMON PLEAS Plainfiff/RcspondcnO CUM BERLAND COUNTV, PENNSYLVANIA ) v.~. ) No. 96-777 CIVIL TERM ) MATTHEW SCOTT BOUGHTER, SR., ) Civil Action - Law DefendanffPetitioner) In Cu.~tody ORDER OF COURT ? AND NOW. this I~O day of._ ~,~'~,'t'4 ~ ,2003, upon consideration of the attached Stipulation it is hereby Ordered and Dec~cd t~t the parties shall sh~ legal custody of file child, Matthew Sco~ Boughmr, .Ir., date ofbinh, Septem~r 28, 1993. The panics a~ee that Father slmll have primary physical custody of s~d child, subject to periods of p~tial physical custody wilh Mother as tl~e panics may agree. BY THE COURT: 12/20/03 SAT 10:28 FAX 717 731 9075 CONSOLIDATED PROP. Michael S. Travis Attorney at I.aw 4076 Market Street, Suite 209 Camp Hill, PA l?0l t (717} 731-9502 BONNIE ANN TONER, ) IN TIlE COURT OF COMMON PLEAS Plaintiff/Responden0 CUMBERLAND COUNTY, PENNSYLVANIA ) vs. ) No. 96-777 CIVIL TEI~aVI ) MATTHEW SCOTT BOUGHTER, SR., ) Civil Action - Law Dcfendant/PetitloncO In Custody CUSTODY STIPULATION AND AGREEMENT AND NOW, conic the parties hereto, Plaintiff, Bmmie Ann Toner ("Mother"), an h~dividual residing at 1001 School Hotme Lane, Lowisberry. York County, Pctmsylvania, 17339 and Defendant, Ma~hcw S. Bougbter, Sr., ("Fathvr"). an individual residing at 3736 Ru~erlbrd Strevt, Harrisburg, Dauphin County, Pennsylvania, 17111 as s~d partie~ have reached mutual a~eement as to the custody of their child Ma~hcw S. Boughter, Jr., bom September 28, 1993, and hereby stipulate lo the following cmtody agieemcnt, and hereby request the Coral to enter the same as an Order of Corot: I. Mother and Father shall sham legal custody of said child, as to all matters r~:ga'd~ng the child's health, education, antl welfnrc. 2. Father shall have primary physical custody ol'said child. 3. The paliies a~ee that Moflicr shall have periods of partial physical custody on alternating weekends at such times as th* patxles may mutually agr,e. Mother shall tatum the Child no later tha~l 6:00p.m. on the Sunday of return. ~e parties shall share tr~spo~lation of thc clfild between cnstady exchanges. 12/-20703 SAT 10:28 FAX 717 731 9075 CONSOLIDATED PROP. ~004 4. Holidays, l]olidays shall be shared at such times as t ~e parties may agree. Mother's Day. Mother shall have the child on Mother's Day from 11 A.M, to 7 P.M, 5. IFeither parent is unable to keep their scheduled times of visitation, they shall provide at least twenty-four (24) hours' notice. Neither pa~ shall do or say anything which may estrange the child from the o~her parent, injme the opitlion of the child as to lhe other parent, or hamper the fi'ce and natural development of the child's love and respect for thc other parent. 7. Neither pa~y shall consume alcohol to the point of intoxication during his or her periods of visitation with the child. 8. The pa~xies shall have the right to modi~ any provision of the custody schedule hereto upon mt~ual agreement by both pm~ies. In ~he event a proposed modification is not agreed to, the schedule as stated shaU be complied with by the pa~i~s~ The pm~ies reserve fl~e right to modi~ this Stipulation and Agreement through ~e con~ pursuant to Pennsylvania Law, Cmnberland Count. Pem~sylva~o, shall ~ retain jurisdiction. Bomfie A. Toner, Plaintiff Matthew fendmat BONNIE ANN TONER : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA : vs. : NO. 2004 CV 0002 CU MATTHEW SCOTT BOUGHTER, SR.: CIVIL ACTION - LAW Defendant. : CIVIL CONTEMPT - CUSTODY NOTICE TO PLEAD TO PRELIMINARY OBJECTIONS/MOTION TO TRANSFER VENUE YOU ARE HEREBY notified to plead to the within Preliminary Objections/Motion to Transfer Venue within twenty days from service hereof or judgment may be entered against you. William M. Shreve, Esquire I.D. No. 82337 3618 North Sixth Street P. O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 BONNIE ANN TONER : Plaintiff : : vs. : NO. 2004 CV 0002 CU MATTHEW SCO~ BOUGHTER, SR.: CWIL ACTION - LAW Defend~t. : CWIL CONTEM~ - CUSTO~ PRELIMINARY O~ECTIONS/ MOTION FOR C~NGE OF ~E OF DEFEND~T ~ P~NTIFF'~ P~ITION ~R IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CML CONTEMPT FOR DISOBEDIENCE OF A CUSTODY ORDER AND BRIEF IN SUPPORT AND NOW, comes Defendant, Matthew Scott Boughter, Sr., by and through his attorney, William M. Shreve, Esquire, and respectfully files the following Preliminary Objections: 1. The Plaintiff, Bonnie Ann Toner, is an adult individual who last known address is 419 Old Stage Road, Lewisberry, York County, Pennsylvania. 2. The Defendant, Matthew Scott Boughter, Sr., is an adult individual presently residing at 3736 Rutherford Street, Harrisburg, Dauphin County, Pennsylvania. 3. Prior to the filing of Plaintiff's Contempt Petition, the parties' custody and support matters have been heard in Cumberland County for the past eight years. 4. The Custody Order at issue in this case was issued from Cumberland County. (See Exhibit A). 5. It is believed, and therefore averred, that venue is more reasonably proper in Cumberland County for the following reasons: a. For eight (8} years, Cumberland County has been the forum for the parties' custody and support matters; b. Substantial evidence concerning the child's present or future care, protection, training and personal relationships in reference to this matter is located in Cumberland County; c. Cumberland County Court has familiarity with the parties and the issues in this matter; do transfer to Cum rather than traw e. 1996 as a result f. 'York County and a t increased hardship Cumberland County since the inception of the most recent order. ~dy to some degree The plaintiff has received theft and drug charges in custody (a)(2) in which it is in the best interest of the child that the court decide the matter because the child and the child's parents, or the child and at lease one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal relationships. 7. Venue is appropriate in Cumberland County pursuant to Pa.R.C.P. 1915.2(c), which provides, in pertinent part: Pa.R.C.P. 1915.2(a)(2), which provides, in pertinent part: 6. Venue should be transferred to Cumberland County pursuant to (c} Physical presence of the child, while desirable, is not a prerequisite to venue. WHEREFORE, Defendant, Matthew Scott Boughter, Sr., respectfully requests Your Honorable Court sustain the present Preliminary Objections and/or grant the present Motion to Transfer Venue to Cumberland County, Pennsylvania for the reasons set forth above. Respectfully submitted, William-~.~quire I.D. No. 82337 3618 North Sixth Street P. O. Box 5292 Harrisburg, PA 17110 (717} 234-6001 BONNIE ANN TONER : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA : vs. : NO. 2004 CV 0002 CU ; MATTHEW SCOTT BOUGHTER, SR.: CIVIL ACTION - LAW Defendant. : CIVIL CONTEMPT - CUSTODY BRIEF OF DEFENDANT IN SUPPORT OF PRELIMINARY OBJECTIONS/MOTION FOR CHANGE OF VENUE I. Background These Preliminary Objections/Motion for Change of Venue are filed in response to Plaintiff's Petition for Civil Contempt for Disobedience of a Custody Order, which was filed in Dauphin County on January 2, 2004. Prior to the filing of said Petition for Contempt by the Plaintiff, the parties have a long history in Cumberland County Courts from which the latest Custody Order was issued on March 10, 2003, by The Honorable Edgar B. Bayley, a copy of which is attached hereto and marked as Exhibit "A.' For approximately eight {8) years, the parties have been in front of various judges and agencies in Cumberland County. II. Ouestlon Presented Should venue be transferred to Cumberland County, Pennsylvania? Su~ested response in the affirmative. III. Argument Venue should be transferred to Cumberland County pursuant to Pa.R.C.P. 1915.2(a)(2), which provides, in pertinent part: (a)(2) in which it is in the best interest of the child that the court decide the matter because the child and the child's parents, or the child and at lease one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal relationships. In an effort to maintain consistency, continuity and familiarity with the issues involved in this matter, venue would be more appropriate in Cumberland County. Cumberland County has been the forum for the parties' custody and support matters for approximately eight (8) years. Plaintiff has received theft and drug charges in Cumberland County; consequently, it is believed the filing of these petitions in Dauphin County amounts to forum shopping. In addition, ail relevant paperwork is located in Cumberland County and the Cumberland County court system employees are familiar with the parties and the issues of this case; consequently, the Cumberland County Court is best suited to assure for the child's health, safety, and welfare. IV. Conclusion Based on the foregoing, venue is proper in Cumberland County, Pennsylvania, and Defendant, Matthew Scott Boughter, Sr., respectfully requests Your Honorable Court grant the present Preliminary Objections and/or grant the present Motion to Transfer Venue to Cumberland County, Pennsylvania. Respectfully submitted, ~~quire I.D. No. 82337 3618 North Sixth Street P. O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 EXHIBIT A BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA ) vs. ) No. 96-777 CIVIL TERM ) MATTHEW SCOTT BOUGHTER, SR., ) Civil Action - Law Defendant/Petitioner) In Custody ORDER OF COURT AND NOW, this /O _ day of'D't~coC~ ,2003, upon consideration of the attached Stipulation it is hereby Ordered and Decreed that the parties shall share legal custody of the child, Matthew Scott Boughter, Jr., date of birth, September 28, 1993. The parties further agree that Father shall have primary physical custody of said child, subject to periods of partial physical custody with Mother as the parties may agree. BY THE COURT: Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 vs. ) No. 96-777 CIVIL TERM ) MATTHEW SCOTT BOUGHTER, SR., ) Civil Action - Law Defendant/Petitioner) In Custody BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA ) 8 o CUSTODY STIPULATION AND AG~EMENT AND NOW, come the pa~ies hereto, Plaintiff, Bo~ie A~ Toner ("Mother"), an individual residing at 1001 School House Lane, Lewisberry, York County, Pennsylvania, 17339 and Defendant, Matthew S. Boughter, Sr., ("Father"), an individual residing at 3736 Rutherford Street, Harrisburg, Dauphin County, Pennsylvania, 17111 as said parties have reached mutual agreement as to the custody of their child Matthew S. Boughter, Jr., bom September 28, 1993, and hereby stipulate to the following custody agreement, and hereby request the Court to enter the same as an Order of Court: 1. Mother and Father shall share legal custody of said child, as to all matters regarding thc child'a h~;alth, education, and welfare. 2. Father shall have primary physical custody of said child. 3. The parties agree that Mother shall have periods of partial physical custody on alternating weekends at such times as the parties may mutually agree. Mother shall return the Child no later than 6:00p.m. on the Sunday of return. The parties shall share transportation of the child between custody exchanges. 4. Holidays. Holidays shall be shared at such times as the parties may agree. Mother's Day. Mother shall have the child on Mother's Day from 11 A.M. to 7 P.M. 5. If either parent is unable to keep their scheduled times of visitation, they shall provide at least twenty-four (24) hours' notice. 6. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 7. Neither party shall consume alcohol to the point of intoxication during his or her periods of visitation with the child. 8. The parties shall have the right to modify any provision of the custody schedule hereto upon mutual agreement by both parties. In the event a proposed modification is not agreed to, the schedule as stated shall be complied with by the parties. The parties reserve the right to modify this Stipulation and Agreement through the court pursuant to Pennsylvania Law, Cumberland County, Pennsylvania, shall retain jurisdiction, / Bonnie A. Toner. Plaintiff Matthew S. Boug~fer, Sr., Defendant BONNIE ANN TONER Plaintiff VS. MATTHEW SCOTT BOUGHTER, SR. Defendant. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2004 CV 0002 CU : : CIVIL ACTION - LAW : CIVIL CONTEMPT- CUSTODY VERIFICATION I verify that the statements made in the foregoing Preliminary Objections/Motion for Change of Venue are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorites. Date Matthew Boughter BONNIE ANN TONER Plaintiff VS, MATTHEW SCOTT BOUGHTER, SR. Defendant. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2004 CV 0002 CU CIVIL ACTION - LAW CIVIL CONTEMPT - CUSTODY CERTIFICATE OF SERVICE AND NOW, this 30th day of January, 2004, I, William M. Shreve, hereby certify that I have this day served the within Preliminary Objections and Brief in Support of Same upon the persons and in the manner indicated below: Via Regular U.S. Mail Sandra Meilton, Esquire Conciliator 111 North Front Street Harrisburg, PA 17101 Laurie Wiest, Esquire YWCA 114 Walnut Street Harrisburg, PA 17101 William M. Shreve Attorney ID # 82337 3618 North Sixth Street Harrisburg, PA 17110 (717) 234-6001 Copies IMAGE ,. BONNIE ANN TONER, Plaintiff VS. MATrHEW SCOTt BOUGHTER, SR., Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2004 CV 0002 CU , RULE TO SHOW CAUSE ~ c ~ AND NOW, this llth day of February 2004, upon consideratim~ of ~ Preliminary Objections/Motion for Change of Venue of Defendant to Plaintiff's Petition for Civil Contempt for Disobedience of a Custody Order and Brief in Support, the Court hereby issues a Rule to Show Cause as to why the said Motion should not be granted. Rule returnable within /~ days from service. BY THE COURT: Todd A. Hoover, ]udge Distribution: Laurie Wiest, Esquire, YWCA, 114 Walnut Street, Harrisburg, PA 17101 - Plaintiff Sandra Meilton, Esquire, 111 North Front Street, Harrisburg, PA 17101 - Conciliator William M. Shreve, Esquire, 3618 North Sixth Street, P.O. Box 5292, Harrisburg, Pa 17110 - Defendant D BONNIE ANN TONER Plaintiff MATTHEW SCOTT BOUGHTER, SR. Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY : PENNSYLVANIA : No. 2004 CV 0002 CU : : C1V1L ACTION - LAW : CIVIL CONTEMPT - CUSTODY ORDER AND NOW, this day of ,2004, after consideration of Defendant's Preliminary Objections/Motion for Change of Venue and Plaintiff's Answer and supporting Brief, it is hereby ORDERED AND DECREED that Defendant's Preliminary Objections/Motion for Change of Venue is DENIED and the matter is set for a Hearing on Plaintiff's Petition for Civil Contempt and a Custody Conciliation Conference is to be scheduled within the next 10 days. BY THE COURT: Todd A. Hoover, Judge Distribution: The Honorable Todd A. Hoover, Judge Laurie E. Wiest, YWCA Legal Clinic, 114 Walnut Street, Harrisburg, PA 17101 Sandra Meilton, Esquire, 111 N. Front Street, Harrisburg, PA 17101, Conciliator Willian Shreve, Esquire, 3618 N. Sixth Street, P.O. Box 5292. Harrisburg, PA 17110 BONNIE ANN TONER Plaintiff MATTHEW SCOTT BOUGHTER, SR. Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY : PENNSYLVANIA No. 2004 CV 0002 CU : CIVIL ACTION - LAW ' : CUSTODY : ' ~ ANSWERS TO PRILIMINARY OBJECTIONS/MOTION FOR CHANG~ OF~ ~ VENUE FOR PEITIOTN FOR MODIFICATION AND COMTEMPT AND NOW, Bonnie Ann Toner, by and through her attomeys the YWCA Domestic Violence Legal Clinic and Laurie E. Wiest, Esquire, answers the Preliminary Objections/Motion for Change of Venue of Defendant to Plaintiffs Petition for Civil Contempt for Disobedience of a Custody Order: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is a~nitted that custody has been heard in Cumberland County in the past. However it is denied that support currently is located in Cumberland County. A support action was filed by Matthhew S. Boughter, Sr. and an Order of Court was entered by the Domestic Relations Section of the Court of Common Pleas of Dauphin County on November 17, 2003, a copy of which is attached herein as Exhibit "A". 4. Admitted. 5. Denied, that venue is proper in Cumberland County: a. Denied in part and Admitted in part. Admitted that Cumberland County has heard the custody case but denied that Cumberland County currently has heard the support case; b. Admitted in part, in that substantial past evidence concerning the child's care, protection, training and personal relationships is in Cumberland County. Denied that current and future evidence concerning the child's care, protection, training and personal relationships is in Cumberland County. c. Denied. Mother Bonnie Toner sought an emergency custody order through a district justice in Lancaster County and attended a conciliation conference with Cumberland County Conciliator Dawn Sunday in 1993 and the order was modified around 1996. The Order entered in 2003 in Cumberland County was a stipulated Order and the parties had no contact with the Cumberland County Court or the Cumberland County conciliation system except that the 2003 Stipulation was entered as an Order of Court. d. Admitted in part and denied in part. Admitted in that Bonnie Toner is a resident of York County; denied that is does not impose an increased hardship to Bonnie Toner to hear this matter in Cumberland County. Travel time for Bonnie Toner from her residence and her employment is ten (10) minutes to Harrisburg, but thirty (30) minutes to Carlisle. e. Admitted if Matthew Boughter means that he has had custodial periods since about 1996, as a result of a Cumberland County Order. f. Admitted in part and Denied in part. Bonnie Toner has received misdemeanor Theft charges in Cumberland County. Bonnie Toner has applied for ARD, and because this is a first offense of any kind she believes she will receive at most a fine and probation should she not be accepted into the ARD program. Denied that Bonnie Toner has received drug charges in any county. 6. Denied. Under Pa.R.C.P. 1915.2(d), which provides in pertinent part: 2(d) For the convenience of the parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have mght or could be brought at the time of the filing the to transfer. P. 1915.2(2) states that while it may not be a prerequisite hat the child be present in the county. Bonnie Ann Toner, respectfully requests that Your Preliminary Objections of Defendant Matthew tion to Transfer Venue to Cumberland County, set the ,,,,ruer mr a custody conciliation conference in Dauphin County and schedule a heating on the Plaintiff's petition for Contempt of a Custody Order. Laurie E. Wiest, Esquire Attomey for Plaintiff Attorney I.D. Number 83518 YWCA Domestic Violence Legal Clinic YWCA of Greater Harrisburg 114 Walnut Street Harrisburg PA 17101 717-724-0516, extension 206 BONNIE ANN TONER Plaintiff MATTHEW SCOTT BOUGHTER, SR. Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY : PENNSYLVANIA : No. 2004 CV 0002 CU : : CIVIL ACTION - LAW : CUSTODY REPLY BRIEF TO BRIEF OF DEFENDANT IN OPPOSITION TO PRELIMINARY OBJECTIONS/MOTION FOR CHANGE OF VENUE I. Background This Brief is filed in answer to Defendant's Preliminary Objections/Motion for change of Venue and the Rule to Show Cause issued by the Court on February 12, 2004. Plaintiff filed a Petition for Contempt ora Custody Order and a Petition for a Modification of a Custody Order on January 2, 2004. Defendant's brief states that the parties have had a long history in Cumberland County and have appeared in front of various judges and agencies in Cumberland County. The child was bom September 28, 1993 in Mechanicsburg, Cumberland County. When the child was approximately six months old, Plaintiff Bonnie Ann Toner appeared in front of a District Justice in Shippensburg, Lancaster County, Pennsylvania and received an emergency order because Defendant Matthew Boughter, Sr. refused to return the child to her. In 1993 or 1994 Bonnie Toner and Matthew Boughter, Sr. appeared in front of Dawn Sunday, Custody Conciliator for Cumberland County. The order resulting from this conciliation conference gave Bonnie Toner primary physical custody and this Order was modified around 1996. In March 2003 the parties signed a Custody Stipulation and Agreement drawn up by Defendant's attorney Michael Travis, Esquire. This Stipulation was entered as an Order of Court but the parties did not appear before a conciliator or a judge. A support order was entered in Cumberland County several years ago, but Defendant Matthew Boughter, Sr. brought a support action in Dauphin County in September, 2003. Neither party resides in Cumberland County at this time. Defendant Matthew Boughter, Sr. resides in Harrisburg, Dauphin County and Plaintiff Bonnie Ama Toner resides in Lewisberry, York County. II. Question Presented Should venue be transferred to Cumberland County, Pennsylvania? Suggested response in the negative. III. Argument Venue should not be transferred to Cumberland County, and should be retained by Dauphin County pursuant to Pa.R.C.P. 1915.2(d) which states in pertinent part: 2(d) For the convenience of the parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought or could be brought at the time of the filing the petition to transfer. Continuity and familiarity with the individuals and the issues is not the standard for custody. The parties contact with Cumberland County consists of a Custody Order entered in 1993 or 1994 following a custody conciliation conference in Cumberland County, modified around 1996, and a support order filed by the Plaintiff in Cumberland County several years ago. There are no drag charges against Plaintiff, only misdemeanor theft charges, for which Plaintiff is eligible for ARD. This is a criminal charge based on actions that occurred in Cumberland County where Plaintiffworked. A criminal action should not impact venue for the custody case currently at issue. Any relevant paperwork in Cumberland County is five to ten years old, and may not be relevant to the parties and the child's current situation. The March 2003 Custody order was a stipulation and did not require the parties to appear before a conciliator or a judge. Defendant currently has a support order against Plaintiff in Dauphin County. The Dauphin County Court and conciliators are qualified and competent to become familiar with the issues and parties quickly and to imply otherwise is inappropriate. Furthermore, neither party resides in Cumberland County. Defendant left Cumberland County four years ago, and Plaintiff has resided in York County for the past two years. The custody rules contain a provision for transfer of venue for the convenience of the parties. The Defendant lives in Harrisburg, Dauphin County, and cannot make a reasonable argument that it is more convenient for him to return to Carlisle and Cumberland County. Plaintiff resides in York County just off Interstate 83, ten minutes from Harrisburg. Plaintiffrequires thirty minutes to get to Carlisle. Use of the transfer of venue is a valid request of the court and should not be considered forum shopping. Plaintiffdoes not understand why Defendant objects to venue in Dauphin County, unless Defendant seeks to delay the proceedings and continue to prevent Plaintiff from seeing her son. During the past year the child has resided in Dauphin County, and the previous year the child resided in York County. Plaintiff intends to reside in York County for the foreseeable futm'e and the child will be in York County during her custodial period. Thus substantial evidence of the child's present or future care, protection, training and personal relationships are located in Dauphin and York Counties. Custody Orders are by their nature forward looking, and stale evidence several years old is not especially relevant or reliable for the determination of custody. IV. Conclusion Based on the foregoing, venue should be properly transferred to Dauphin County, and Plaintiff, Bonnie Ann Toner, respectfully petitions this Honorable Court to deny the Defendant's Preliminary Objections and hear the Petition to Modify Custody and the Petition for Contempt of a Custody Order in Dauphin County for the convenience of both parties. Respectfully submitted, blame E. Wiest, Esquire Attorney for Plaintiff Attorney I.D. Number 83518 YWCA Domestic Violence Legal Clinic YWCA of Greater Harrisburg 114 Walnut Street Harrisburg PA 17101 717-724-0516, extension 206 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. sec. 4904 relating to unsworn falsification to authorities. Date Bonnie Ann Toner, Petitioner In the Court of Common Pleas of DAUPHIN DOMESTIC RELATIONS SECTION ~TTHEW S. BOUGHTER SR Plaintiff vs. ~ONNIE A. TONER Defendaat County, Pennsylvania ) Order Number ) ) PACSES Case Number ) Docket Number ) Other State ID Number ORDER OF COURT (~) Final C) Interim (]) Modified 0480DR03 413105316 00480-DR-03 as follows: first payment due AND NOW, 17TH DAY OF NOVEMBER, 2003 ,based upon the Court's determination that the Payee's monthly net income i?~g-1912.9~~'3 and the Payor's net income is~_ ~, 082.86~ , it is hereby ordered that ~he Payor pay to the monthly Pennsylvania State Collection and Disbursement Unit Three hundred twenty dollars and sixty-six cents Dollars ($ 320.66 ) a month payable weekly upon receipt of this court order. The effective date of the order is 03/10/03 . Arrears set at $ 2613 . oo asof NOVEMBER 17, 2003 areduein full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name ,q. ~oULD Birth Date BECONi= O~LIi~t)oE~'l' '. A~CUiq'[ OF $?,.'.?' ' :- .,,~.~c, WILL BE ADDED TO sATISFY ARREARS. Service Type M EXHIBIT Form OE-519 Worker ID 2212Z BOUGHTER v. TONER PACSES Case Number: 413105316 The defendant owes a total of $ 320.66 per month payable weekly ; $ 69.00 for current support and $ 5. oo for arrears. The defendant must also pay fees/costs as indicated below. Said money to be turned over by the Pa SCDU to: MATTHEW SCOTT BOUGHTER SR . Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106~9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually per child and/or spouse are to be paid as follows: 3 s % by defendam and 6s % by plaintiff. The plaintiff is responsible to pay the first $250.00 annually (per child and/or spouse) in unreimbursed medical expenses. C) Defendant C) Plaintiff (~) Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the C)Plaimiff C) Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospkal admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Service Type M Page 2 of 4 Form OE-519 Worker ID 22121 BOUGHTER ¥. TONER PACSES C~e Number: 413105316 Other Conditions: Uninsured medical costs to also include: psychiatric, psychological or mental health counseling. Defendant shall pay the following fees: Fee Total Fee Description P~yrnent Frequency $ 50.00 for SUPPORT FILING FEE Payable ars 50.00 peroNE TIME $ l0.00 for 2ND JUDICIAL COMPUTER FEE Payable at $ lo. 00 peroNE TIME $ 0. O0 for Payable at $ O. O0 per $ o. OO for Payable at $ 0. O0 per $ O. oo tbr Payable at $ 0. oo per IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. Page 3 of 4 Form OE-519 Service Type M Worker ID 22121 BOUGHTER v. TONER PACSES Case Number: 413105316 A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BET~VEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payoffs wages, salary, commissions, and/or income may he attached in accordance with law; this Order will be increased without further heating by 0 % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties via reffular mail Date Consented: Plaintiff Plaintiff's Attorney Defendant Defendant's Attorney BY THE COURT: PER CUR/3%M Judge Service Type M Page 4 of 4 Form OE-519 Worker ID 22121 MATTHEW S. BOUGHTER, SR. Plaintiff V BONNIE A. TONER Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 0480DR2003 : PACSES NO. 413105316 ORDER AND NOW, this 1 lth da3 of December, _00o, [] This matter is continued generally. [] This matter is continued to [] The Court takes this matter under advisement. [] Appeal Denied. [] Appeal Withdrawn. [] Appeal Dismissed, Appellant failed to appear. [] Defendant is ordered to set up automatic withdraw from bank account through PASCDU within days. [] SHOULD THE CUSTODY COURT DETERMINE HE IS IN CONTEMPT FOR NOT PERMITTING HER VISITATION THE ARREARS THAT A C CR UED DURING THAT PERIOD OF TIME ARE WAIVED. [] BOTH PARTIES TO ATTEND SEMINAR FOR SEPARATED PARENTS, WITHIN 6 MONTHS OF THE DATE OF THIS ORDER. BY THE COURT: Jeanni er(e~itrgeon, Judge Distribution: Plaintiff Defendant DRO Prothonotary