Loading...
HomeMy WebLinkAbout94-01982 Bonnie A. Boughter, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYLVANIA VS, NO. 94-1982 CIVIL TERM Matthew Boughter, Defendant PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION ORDER AND NOW, this I~~ day of February, 1996, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Bonnie A. Boughter, and the minor child, now residing at an undisclosed location are in immediate and present danger of abuse from the defendant, Matthew Boughter, Sr., the following Temporary Order is entered. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of the plaintiff or the child in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about the plaintiff or child except by further Order of Court. The defendant, Matthew Boughter, (SSN: 200-58-3533 and date of birth: 3/24/73) now residing at 106 W. Green Street, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Bonnie A. Boughter, or the child, or placing them in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence to which the plaintiff and the minor child moved to avoid abuse, which is not owned or leased by the defendant, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' child. . , ~ ~ . . The defendant shall remain in his vehicle at all times during the transfer of custody. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. Temporary custody of Matthew Boughter, Jr. is hereby awarded to the plaintiff, Bonnie A. Boughter. , ' \ . . . , . , r A hearing shall be held on this matter on February, 1996, at ..j:O/JI'.m., in Courtroom the ~~ay of No~, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. The appropriate police departments will be provided with certified copies of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is \ . , . .. , . unavailable, the defendant shall be taken before the appropriate district Justice. (23 Pa.C.S. ~ 6113). By the Court, ~b". ~ arold E. Sheely, P. Judg c;: ,. ~!.t.~~fi"lCE , t. : : ' , ..I.,..'.....-'ny . -j.. '-:U:F~1 {'.' rr .,J':J I:, :"ill: sa eLf' .... ".;.,1::" . l' ,'1'" F:~" l~: ;~, '.'....;01/ ~." '..l;L\:\ ',,:,.\ C;9+ ~~~ Ib ~ ~./~ , . ' , I " j" \. , '. ' , I . Bonnie A. Boughter. Plainti ff IN THE COURT OF COMMON PLEAS OF VS. CUMBERI,AND COUNTY, PENNSYLVANIA NO. 94-1982 CIVIL TERM Matthew Boughter, Defendant PROTECTION FROM ABUSE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court YOllr defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you. and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FRRS AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of S25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services. Inc. for their representation of the plaintiff. 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERI,AND COUNTY COURTHOUSE CARLISLE. PENNSYLVANIA 17013 TELEPHONR NUMBER: (717) 240-6200 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. , ' , .. , , Bonnie A. Boughter, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1982 CIVIL TERM Matthew Boughter, Defendant PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa.C.S. g 6101 et seq. A. ARUSE I. The plaintiff, Bonnie A. Boughter, is an adult individual whose permanent residence was 106 W. Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The plaintiff is temporarily staying at an undisclos~d location for her own protection and to avoid further abuse as is more fully set forth herein. This address will be furnished to the court upon request. 3. The defendant, Matthew Boughter, Sr., (SSN: 200-58- 3533)(Date of Birth: 3/24/73), is an adult individual residing at 106 W. Green Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. The defendant is the plaintiff's husband. 5. Since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has 1 ( .. . I knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff and the minor child including following the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about February 9, 1996, the plaintiff returned lo the marital residence to get some personal ilems. Aflpr she went into the residence, the defendant told her that he had locked all the doors and removed the phone so that no one would see or hear her until he was ready to let her out causing the plaintiff to fear for her safety. The defendant grabbed the plaintiff by her neck, threw her to the floor, and screamed at her. The defendant pulled the plaintiff up the stairs by her arm screaming vile names at her and causing her to fear for her safety. Later, the defendant demanded that the plaintiff drive him to his mother's house to get his truck. The plaintiff, defendant, their two-year-old son, Matthew, and a friend of their son'sl got into the car. While on their way there, the defendant drove approximately 90 miles an hour, went through stop signs, and drove recklessly causIng the plaintiff lo fear for her life and the children's lives. While driving, the defendant grabbed the plaintIff by her arms and chest and threw a 2 , . , , . : , , lit cigarette at her burning her stockings. When the defendant arrived at his mother's house and got out of the vehicle, the plaintiff immediately drove off with the children to avoid further abuse, but the defendant followed her. Fearing for their safety, the plaintiff drove to her friend's work place for help. Seeing the plaintiff's fear, the friend drove the car, and when they tried to exit the parking lot, the defendant blocked the exit. The plaintiff's friend put the car in reverse and managed to get them out of the parking lot, but the defendant continued to follow them. When they stopped at a red light, the defendant got out of the truck pounded on the car window with his fist. When the light turned green, the plaintiff's friend drove to her boyfriend's work place, and the defendant continuing followed them there, pulled his truck up to them calling them vile names, and drove around the area for n period of time causing the plaintiff to fear for everyone's safety. h. On or about February I, 1996, the defendant held a knife to the plaintiff's throat and threatened her. When the plaintiff said she was going to call the police, the defendant put the knife down to his side and released her. The plaintiff called a friend to come get her. Her friend took her to the Mechanicsburg 3 , . " . , Police Department where she filed charges against the defendant. c. Since approximately 1990. the defendant has on several different occasions abused the plaintiff in ways including the following. choked her. grabbed her hair pulling her head back. slapped her in the face, pushed her. and punched her. On one occasion. the defendant took a bow and shot the plaintiff with a pencil instead of an arrow causing her to have a laceration on her leg. d. On April 18, 1994. the plaintiff filed a Petition for a Temporary Protective Order. A hearing was scheduled for April 28, 1994. before Judge Harold E. Sheely. The parties reconciled. and on April 22. 1994. the plaintiff filed a Praecipe to Withdraw Action. A copy of the Petition and Order are attached hereto and incorporated herein by reference. 6. On or about February I, 1996. the plaintiff and the minor child left their residence at 106 W. Green Street. Mechanicsburg. Cumberland County, Pennsylvania, in order to avoid further abuse. 7. The plaintiff believes and therefore avers that she and the minor child are in immediate and present danger of abuse from the defendant and that they are in need of protection from such abuse. t ~ I; . , ) . 4 , , ( , 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 9. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 10. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned Jointly by the parties or owned solely by the plaintiff. B. EXCLUSIVE POSSESSION 11. The home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 12. The defendant has his own residence located at 106 W. Green Street, Mechanicsburg, Pennsylvania. 13. 'fhe plaintiff desires the defendant to provide suitable alternate housing for her and the minor child. c. SUPPORT 14. The defendant has a duty to support the plaintiff and the minor child. 15. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage, payment of unreimbursed medical expenses for the 5 i l , plaintiff and the child 16. The defendant is employed as a Coca-Cola truck driver and has an annual salary of approximately $28,000.00. In addition, the defendant works part-time for D & B Sound Equipment making approximately $50.00 per night that he works. 17. The plaintiff currently has no income until such time as a support order can be obtained by filing at the Domestic Relations Office. 18. The plaintiff intends to petition for support within two weeks of the issuance of a protective order. D. ATTORNEY FEES 19. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. E. TEMPORARY CUSTODY 20. The plaintiff seeks temporary custody of the following chUd: Name Present Residence ~ Matthew Boughter, Jr. undisclosed location 2 yrs. old DOB 9/28/93 The child was not born out of wedlock. The child is presently in the custody of the plaintiff, Bonnie A. Boughter, who is residing at an undisclosed location. Since his birth, the child has resided with the following persons and at the following addresses: 6 ~ Addresses Dates Plaintiff and 109 Twin Hills Rd. 9/28/93 to defendant Dillsburg, PA 10/93 Plaintiff and 510 Berkshire Lane 10/93 to defendant Mechanicsburg, PA 5/95 Plaintiff and 106 w. Green st.. 5/95 to defendant Mechanlcsbllrg, PA 2/1/96 Plaintiff Undisclosed location 2/1/96 to present The plaintiff, the mother of the child, is currently residing at an undisclosed location. She is married. The plaintiff currently resides with the following person: Name Relationship Matthew Boughter, Jr. son The defendant, the father of the child, currently resides alone at 106 W. Green Street, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 21. The plaintiff has previously participated in any litigation concerning custody of the above mentioned child in this Court, No 94-1982, Protection from Abuse and Custody, see attached Exhibit A. 22. The plaintiff has no knowledge of any cust.ody proceedings concerning this child pending before a court. in this or any other jurisdiction. 23. The plaintiff does not know of any person not a party 7 to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 24. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. c. The defendant's behavior has adversely affected the child's safety. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. g 6101.!l.1. ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or the minor child or placing them in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate 8 ';~'....,~, . . custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 5. Ordering the defendant to stay away from the plaintiff's residence, which the parties have never shared, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' child. The defendant shall remain in his vehicle at all times during the transfer of custody. 6. Ordering the defendant to provide suitable alternate housing for the plaintiff and the minor child. 7. Granting temporary custody of the minor child to the plaintiff. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and the minor child or 9 placing them in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 5. Ordering the defendant to stay away from the plaintiff's residence, which the parties have never shared, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody of the parties' child. The defendant shall remain in his vehicle at all times during the transfer of custody. 6. Ordering the defendant to provide suitable alternate housing for the plaintiff and the minor child. 7. Granting support to the plaintiff and the minor child in an appropriate amount according to 10 . the support guidelines payable to the plaintiff in the form of a check or money order, mailed to her residence, and ordering the defendant to provide health coverage to the spouse and minor child, directing the defendant to pay all of the unreimbursed medical expenses of the plaintiff and minor child of the defendant to the provider or to the plaintiff when she has paid for the medical treatment. 8. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the appropriate police department which have jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYI,vANIA CUSTODY I.AW 25. The allegations of Count I above are incorporated herein as if fully set forth. 26. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in paragraph 24 of the petition. 11 . . - WHEREFORE, pursuant to 23 Pa.C.S. ~ 5301 et seQ., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be Just and proper. Respectfully submitted, for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 12 I " The above-named plaintiff, Bonnie A. Boughter, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. g 4904 relating to unsworn falsification to authorities. Date: .J/a/r;t;; . , 0&~ cJ. 4~ Bonnie A. Boughter, PI intiff ) d'v-' .. , ':"1,' ~"._ -. J' . . BONNIE A. BOUGHTER, plaintiff : IN THE COURT OF COMMON PLEAS OF . . . . CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 94 - /qR:.J CIVIL TERM vs. . . . . . . . . . . PROTECTION FROM ABUSE AND CUSTODY MATTHEW BOUGHTER, Defendant TEMPORARY PROTECTIVE ORDER AND NOW, this 18~ day of April, 1994, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, BONNIE A. BOUGHTER, now residing at 33 West Factory Street, Mechanicsburg, cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, MATTHEW BOUGHTER, the following Temporary Order is entered. The defendant, MATTHEW BOUGHTER, now residing at 515 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, BONNIE A. BOUGHTER, or placing her in fear of abuse and is ordered to stay away from the residence located at 33 West Factory street, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is owned by the plaintiff's parents. The defendant is hereby notified that if he goes to or resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions EXHIBIT A . ; . . of the Court Order directing the defendant to refrain from abusing the plaintiff. Temporary custody of MATTHEW SCOTT BOUGHTER, JR., is hereby awarded to the plaintiff, BONNIE BOUGHTER, and the transfer of custody shall be facilitated by the Cumberland County Sheriff's Department. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, rastraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the ;J~Tk day of April, 1994, at ~.30 / , Cumberland County Courthouse, ~.m. in Courtroom carlisle, Pennsylvania. No. The plaintiff may proceed in forma cauceris pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of civil Procedure. The Mechanicsburg Police Department will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that ~his Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, EXHIBIT A ) '. -. ." , . the defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. section 6113). By the Court, pI ~~A^1rI f J)LU/ J. ~:,'! u: ....:...:~~.... ~,.-: :..r." ,..~ .-'- - .~!, ..,.:.;:;.~.~:':'....:;~~:._'~. . :-.-.~~.:~ ::l:~\~\""'~:" all . -. J.:' \_ ",' .t ..' ....:.. I .-~.:~ ~...~t.. '."'" my n:;,nd ._..: I..... ..,.1 t'. 0' . ... roo ~II.' ..01_: L~ ....:. 1,1:,;:t ~i ~c:rhs~. Pat oliii;; I~~ J.J '$-;7.1"(8; 111 ?r 'J JL . '1),'Jj"j .# c-,c . Pralhonatary EXHIBIT A , '" I ,I .' . . BONNIE A. BOUGHTER, plaintiff : IN THE COURT OF COMMON PLEAS OF . . . . . . CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94 - Iq~2 CIVIL TERM vs. . . . . PROTECTION FROM ABUSE AND CUSTODY . . MATTHEW BOUGHTER, Defendant : . . NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or. relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 EXHIBIT A .. " . . BONNIE A. BOUGHTER, plaintiff : IN THE COURT OF COMMON PLEAS OF . . : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 94 - IQ~;;J.. CIVIl. TERM vs. . . : PROTECTION FROM ABUSE : AND CUSTODY MATTHEW BOUGHTER, Defendant . . . . PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 51D Bershire Lane, Mechanicsburq, cumberland County, Pennsylvania, 17055. 2. The defendant is an adult individual residing at 515 Hoqestown Road, Mechanicsburg, Cumberland county, Pennsylvania, 17055. 3. The defendant is the plaintiff's husband. 4. since approximately 1990, the defendant has attempted to cause and has intentionally, knowinqly, or recklessly caused bodily injury to the plaintiff, and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but is not limited to the followinq specific instances of abuse: a. On or about April 15, 1994, the defendant threatened the plaintiff sayinq that if she left, he would bash her head in, and he qrabbed the six month old baby out of her arms. A neighbor EXHIBIT A . 'r-""_<j.~"",..~"".,,,,,,~....,.. '" '1./ who was at the house, took the plaintiff to another residence to assure her safety, but her husband, who had stayed with the defendant, telephoned them and told his wife not to bring the plaintiff home because the defendant would kill her. The plaintiff went to the District Justice who entered an emergency protective order until Monday, April 18, 1994. b. In or around March 1994, the defendant pushed the plaintiff to the bed, and when she attempted to stand, the defendant put a shoe string around her neck and choked her. As a result of this choking which occurred off and on for approximately ten minutes, the plaintiff could not breathe and felt herself losing consciousness. c. In or around the winter of 1994, the defendant, while holding the four month old in his arms, grabbed the plaintiff by the hair, and ran up approximately fourteen stairs, dragging her behind him. The baby was crying and the defendant was threatening that if she left, he would kill her. d. In or around June 1993, while the plaintiff and defendant were driving, the defendant pulled out a BB air pistol and shot the plaintiff in the knee area, causing the plaintiff to suffer pain and swelling. e. Approximately three years ago, the defendant came to the plaintiff's place of employment, made her come outside, forced her into his truck, and would now allow her to leave. The plaintiff's manager came out and had to physically pull the plaintiff from defendant's truck. The Hampden Township police responded. EXHIBIT A , I . .' . . . . f. Approximately weekly, the defendant physically abuses the plaintiff in ways including, but not limited, to the following: slapping, kicking, punching, and pushing the plaintiff. 5. On April 15, 1994, the plaintiff left her residence located at 510 Berkshire Lane, Mechanicsburg, Cumberland County, Pennsylvania, without her child in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be restrained from having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. B. TEMPORARY CUSTODY 8. The plaintiff seeks temporary custody of the following child: 1WIIii Present Residence &m 515 Hogestown Road Mechanicsburg, PA The child was not born out of wedlock. 6 mos. MATTHEW S. BOUGHTER, JR. The child is presently in the custody of MATTHEW BOUGHTER who resides at 515 Hogestown Road, Mechanicsburg, Pennsylvania. During the child's lifetime, the child has resided with the following persons and at the following addresses: ~ Plaintiff & Defendant Addresses Dates 109 Twin Hills Road Dillsburg, PA 9/28/93 - 10/93 EXHIBIT A - . f.~; ;:::'T,,'~k(J-r'.;,;,;',r:_~~"""- , , . . . . Plaintiff & 510 Berkshire Lane 10/93 - 4/15/94 Defendant Mechanicsburg, PA 515 Hogestown Road Mechanicsburg, PA 4/15/94 - present Defendant, defendant's parents, defendant's brother and wife, and defendant's two nephews The mother of the child is BONNIE A. BOUGHTER, currently residing at 33 West Factory street, Mechanicsburg, Pennsylvania. She is married. The father of the child is MATTHEW BOUGHTER, currently residing at 515 Hogestown Road, Mechanicsburg, Pennsylvania. The plaintiff currently resides with the following persons: ~ KATHY LEVAN JESS LEVAN NATASHA LEVAN RelationshiD mother father sister 9. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 10. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 11. The plaintiff does not know of 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 child. 12. The best interests and permanent welfare of the child will be met if custody is temporarily granted to the plaintiff EXHIBIT A ) :i/ , -~ ), . ,. . . .. . . .. , r . . . pending a hearing in this matter for the following reasons: a. The plaintiff is a fit parent who can best take care of her child. b. The defendant has shown by his abuse of the petitioner that he is not an appropriate role model for the child. c.The plaintiff has been the primary caretaker of the child. d. The defendant has never taken care of the child nor has he ever shown any interest in caring for the child. e. The defendant is not acting in the child's best interest by denying the six month old contact with his mother. C. ATTORNEY FEES 13. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 14. The defendant is employed at Coca-Cola and has a base salary of $30.00 daily plus sales. 15. The plaintiff currently has no income. 16. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. Section 6101 ~ Jilm., as amended, the plaintiff prays this Honorable Court to grant the EXHIBIT A ~. r \. . I. f . ... " '1,.' . . following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requirinq the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Granting temporary custody of the minor child to the plaintiff. 4. ordering the defendant to stay away from the residence located at 33 West Factory street, Mechanicsburg, which the parties have never shared. 6. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. EXHIBIT A ) . . I . . . .'. . . . 3. Ordering the defendant to stay away from the residence located at 33 West Factory street, Mechanicsburg, which the parties have never shared. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Ordering the defendant to pay attorney fees to Legal Services, Inc., pursuant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Mechanicsburg Police Department as the Police Department with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interests and permanent welfare of the children will be served by granting custody to the plaintiff as set forth in Paragraph 12 of the Petition. WHEREFORE, pursuant to 23 P.S. section 5301 ~ ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. EXHIBIT A . (I . .. .. .,' . .... . , ~ The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~av.~' J!oan carey /. Attorney for plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-940D EXHIBIT A ... .'.~'..~ ) ) . . . I' . '., --.. :'t ..." ... 0, ,. The above-named Plaintiff, BONNIE A. BOUGHTER, verifies that the statements made in the above Petition are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. c.s. 54904, relating to unsworn falsification to authorities. Date: 0/-/ 8~ '1~ ~a.~& Bonnie A. Boughter, aintiff EXHIBIT A >- n~ .- I'" UJ8 ~(, tt,:' 'foe 0' LJ.f:"~ ~'.: ~: L'. U N N fS :5.... 0;'<;-) --::..: c;~J (:) .,'"1:.: ~.." ~ ';tp ~;"1"- ::.i u ,- ~ .'f' C-:J L~l \.0- lD ()\ -. ~ . . ~ . , '. '" . .. . ;;L~tr,_jlJ"Z:"':, , i (, Bonnie A. Boughter, Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1982 CIVIL TERM Matthew Boughter, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, J PROTECTION ORDER jS/h this day of March, 1996, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Matthew Boughter, is enjoined from physically abusing the plaintiff, Bonnie A. Boughter, or the minor child, or from placing them in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. 5. The defendant is ordered to stay away from the plaintiff's residence located at 33 W. Factory Street, Mechanicsburg, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited ~-I"''''' FI r~ - c.. ,::.~l: ! ., ~~ ~ . :.!J r.. ~ 1.1 i'.. CJ. h:: ..' ."d ....,,;...:..' .~' \, r , ~ '. . .. purpose of transferring custody during which times the defendant shall remain in his vehicle. 6. The defendant is ordered to pay interim support to the plaintiff for the minor child in the amount of $210.00 per month payable to the plaintiff in the form of a check or money order by mail pending the entry of an order by the Cumberland County Domestic Relations Office. Payments to commence within ten days upon entry of the Protection Order and each month thereafter. 7. The court costs and fees are waived. 8. This Order shall remain in effect for a period of one year or until modified or terminated by the Court. The Order can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 9. This Order may sub,ject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 66114, punishable by imprisonment up to six months and-a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 10. The appropriate police departments shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal . ,".,-." .", ".' .',,~ , irj,;,:p.'i~~-:u;:.,W?>;''''',~,~i'; contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of a police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. 6 6113). By the Court, ~ F J1:'~ Karold E. Sheely, Judge Joan Carey Attorney for Plaintiff ... C&-fU.4 {\,,';'."A :?o( ~oJ 'lb. ..2,.11 Madelaine N. Baturin Attorney for Defendant . .~ ..... .', " ~. "7.J "'. !'" Q ~ :': ", (I'" ',... .... '., '. . 'J i., ~'. : ",' ,~,:~' .. . . ::J2~:?':;" l:j';!~ . ,:j Bonnie A. Boughter, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1982 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY vs. Matthew Boughter, Defendant AND T~~1ARY CUSTODY ORDER NOW, this ~ day of March, 1996, upon consideration of the parties' Consent Agreement, the following Temporary Custody Order is entered with regard to custody of the parties' child, Matthew Boughter, Jr., pending further order after a conciliation conference. 1. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to as the father, shall share legal custody of the child. 2. The plaintiff shall have primary physical custody of the child. 3. The defendant shall have partial custody of the child every other weekend from Saturday at 10:00 a.m. until Sunday at 7:00 p.m. beginning February 24, 1996. 4. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. 5. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 6. Neither party shall do anything which may estrange the ,.. ':'1-_"~'(-4'-~'A' c;;.--.-- -..' .~',""~':::-:'-~ '. child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. By the Court, Joan Carey Attorney for Plaintiff _ C~u....~..t 3/.:10/'111. ..J. f' . Madelaine N. Baturin Attorney for Defendant - '""~,,,,~ -.-::5;'q:\:- --~,.,.. _~\r"}':~ ...,,~'r r \.r'\,:,("!~'\:',.'_.." ,-., ('~ ..' ,\ .,. ,~ ': ~) ''. t. ,.", l ,\ ... \i~ \.J .,\ \.,..-,' ,. ' ,.r,: " \' ~ ~.~ \:...,.11- t.... ~;,.,I\ ~',,, i..';'" , Bonnie A. Boughter, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-1982 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY Matthew Boughter, Defendant CONSENT AGREEMENT This Agreement is entered on this _\~ day of March, 1996, by the plaintiff, Bonnie A. Boughter, and the defendant, Matthew Boughter. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by Madelaine N. Baturin of BATURIN & BATURIN. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Matthew Boughter, agrees to refrain from abusing the plaintiff, Bonnie A. Boughter, or the minor child or placing them in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives. 4. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away from the plaintiff's residence located at 33 W. Factory Street, Mechanicsburg, ._....._.........._._. "uo...., .~ . '. . Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited purpose of transferring custody. The defendant shall remain in his vehicle at all times during the transfer of custody. 6. The defendant agrees to pay interim support to the plaintiff for the minor child in the amount of $210.00 per month payable to the plaintiff in the form of a check or money order by mail pending the entry of an order by the Cumberland County Domestic Relations Office. Payments to commence within ten days upon entry of the Protection Order and each month thereafter. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one year and can be extended beyond it original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113i ii) a private criminal complaint under 23 Pa.C.S. ~6113.1i iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a fine of S100.00-$1,OOO.OOj and iv) civil contempt under 23 Pa.C.S. ~6114.1. .. c 10. The defendant and the plaintiff agree to the entry of a Temporary Custody Order providing for the following regarding custody of their child, Matthew Boughter, Jr., pending further Order after a custody conciliation conference. a. The parties shall share legal custody of the child. b. The mother shall have primary physical custody of the child. c. The father shall have partial custody of the child every other weekend from Saturday at 10:00 a.m. until Sunday at 7:00 p.m. beginning February 24, 1996. d. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. e. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. f. The mother and father realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or . . respect for the other parent. WHEREFORE, the parties request that a Protection and a Custody Order be entered to reflect the above terms. ~;,pa~ Bonnie A. Boughte , Plaintiff ef {~./ Bdug~ter, Defendant ~ .~ M t ew v'~L<' iS~, adelaine N. Attorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 BATURIN & BATURIN 717 N. Second Street Harrisburg, PA 17102 (717)234-2427 ... In '- i..: - i:.: ~:.\ , , ..~ r' , U.I:- ; .... <..',. : F.-' ~ :.i I.: - . c.~. ~ r..:l - '-) &:~ : " ... .' .. 'j' l= <' : ':1 ~r~~ I ,? L: '- . .:.1 . . .' - ,- . ~ SHEin FF' S RETUF:t/ REGL'[.,\f-i CASE NO: 1994-01982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOUGHT!';"R ImNN 1 E A VS. BOUGHTJ::F MATTHEW WESLEY COOK , Sheriff or Deputy Sheriff of CUMBERl.AND County, Pp.nnL,ylvanJ.a, "ho bUJ.nu duly ",,,orn nccording to la", says, thp "ith~n ~~Ql~CTION FRO~ ABUSE-~~UST. ._____ "as served upon DOUGHTER MATTHEW thE' defendant, at ~_08_LQgJ. HOURe;:, on the- ,.I!.!JJ. d"y of l1ilXclL.....__ 19% at _JJ,!6 Wf03._1:t.~1...N__.sTf3EET MECHANICSBURG, PA 17035 , CUMBE;.RJ,.AND Count.y, PennsylvanJ.a, by h'lOdlnq t(, I1AT1J:l..s'L.BOUc;.HTER a true and attested copy of tho . PROTECT~QJ1-~FOM ABUSE.~ together "ith ORr'ER FO!LCONTINUAUCE CUST. .' and at the ~3ame tim~'" direc:t.inq tL!.i. at tent..~on to the content.s thereof. Shf?l'1.if.s Costs: [locket-inn Servicc> - .\ffid'lvit SurchargE.' H!. IW' 5.60 .100 2.00 :;,r) :Jnc\oo'.?rs: d r~:''''~,;'< ..~:..~ r.:-. T}1~~,ri~1-s--KrTn-e;~'-'Sfir;r rrf+~----~-- ~25';"E,l2i'.O('l '10'(:':0000 ~ "---.~-~ Sworn 2nd subscf',ibl'?d tC' t~:;:'.ic}re me th H' _ J.E!:;;. d'Ji' of '7J~ 1 9 -.-.1'''.-. A. n. l.l L<.._pQ 'HI'Jkl-~€t~t.._~ ~ . .~ II..l_I(';Ir.-'_-3.!Y SHERIFF'S RETURN - REGULAR CASE NO: 1994-01982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOUGHTER BONNIE A VS. BOUGHTER MATTHEW TIMOTHY HETIZ ' Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon ~QYG~T~R MATTHEW the defendant. at 1530:00 HOURS, on the 14th do}' of February 1996 at CUMBERLAND CQ,UNTY SHERIFF' 5 ,..REJ:.T, ONE COURTHOUSE SQUARE ~ARLISLE. PA 17013 ,CUMBERLAND County, Pennsylvania, by hand~ng to !:!.blTI~-"!.._BOUGHT..ER... a true and attested copy of the PR9TE~lION__EROM A~USE and at the same time direct~ng ~ attent~on to the contents thereof. Sheriff's Costs: Docketinq Service .. Affidavit Surcharge So answe~ .' . -?" - -rt:. .J'...."r... 7 7 __t.~';~",,,,,, R:-ITiCJm;ls--r.1Tne-;--Sher ~ ff 18.00 2.80 .00 .00 ~at1'00/00/0000 f 1 U " -~+~F Sworn and Gubscribed ~o before me this .J.:JM.<( day OfJ~.. 47 19......!!J..._ A. D. .__..0 L<-pQ.~7Jl-< Pd, "'r~t'!f:.... -~ rOt.uonotiJr} BONNIE A. BOUGHTER Plaintiff IN ~BB COUR~ OF COMMON PLEAS OF CUMBERLIIHD COUNTY, PEJlHSYLVAHIA No. 94-1982 vs. CIVIL TERM MATTHEW BOUGHTER Defendant PRAECIPE TO WITHDRAW ACTION The olaintiff in the above-caotioned case reauests that the Petition for Protection From Abuse filed on Aoril 18. 1994. be withdrawn. and the Temoorarv Protective Order be vacated. To Lawrence E. Welker Prothonotary Aoril 21. 192,i No. 94-1982 Civil Term BONNIE A. BOUGHTER. Plaintiff VB. MATTHEW BOUGHTER Defendant PRABCIPB Filed 19 Joan Ca~ev , Atty. LEGAL SERVICES. INC. .1 ;. .tl ~ "" '....... 'I'> ,~ " ';"~'~l ~~-'~:: ~~ ,~: r;:=; ~ p.;;"ie:;::;:, ~.-:"-...... -' . '--~.""': :-,: ;; ~:; C5 .... .... !iC - C1!.. SHERIFF'S RETURN ca1MONWEJ\L'lll OF PENNSYLVANIA: COUNI'Y OF ClMBERLAND In the Court of C'ollIrOn Pleas of Cunberland County, Pennsylvania NJ. 94-1982 Civil Term 'IerlpOrary Protective Order, Protection fran Abuse aOO CUstody Bonnie A. Boughter VS Matthew Boughter Michael Barrick , ~ Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Tenporary Protective Order, Protection fran Abuse & CUstody upon Matthew Boughter , the defendant, at 4.1n o'clock P.M. ~EDST, on the 18th day of April 1994 at , - 515 Hogestown !bad, Mechanicsburg , Cunberland County, Pennsylvania, by handing to Matthew A. Boughter a true and attested copy of the Tenporary Protective Order, Protection fran Abuse, & CUstod and at the same tUne directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 5.60 So answers: ~9/:'. ~~ R. Thomas Kline, Sheriff :>1.60 by ~~~~ Deputy Sheriff Sworn and subscribed to before Ire this .lo ~ day of Q/k.~ , 19 q" A.D. (-'L,.~ C. 1/ ' Prothoootary J'lu.1P, _ ~T ,-=t=t- ~. - C~ u~... ~:..;.. . 14-- c:) , . '-- u,o , ~. <.:.!(:, , .- . " l"'- ..... ~r ':-: ( C;) ;) I ?:-; U),(...~ ,,~ - r;-: ,;:-! \1 G: ~, t .!.~ ',~~ !.l.. .. \,.;-- :.:; t '. ...'l 0 c.',", '.) < ~~ ~i ~~ ~~ ~~ ~W ~~ ..... ..... .... 'i:l ..... !~ =>- .~"8 ...... ....rn ...= cf~ III om ...= Ill~ rn Sa Po... rn..... ~= o rn.... - .;..l ...u ~S "Co = ... Ill~ ..... Ill..... t::lO 2 co .. ti 2 !:l III ,.. " II: - N ~ ~ ~ z ~ i' o $! _ U en ~ III Z 1/1 z I:i % III Z I- II. 0 ~ ci' 11: z II: ~ ,.. ::l III _ GI ,.. 1/1 l- ii: II: < % ..( w ! . rn > ij "C = ~ . III O:::t::l ~ I z 0: :;) =~ UlD ~dS ~z ::50: :;) ~ lD .. . , '. . . " BONNIE A. BOUGHTER, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : v. . . No. 94-1982 CIVIL TERM MATTHEW BOUGHTER, PROTECTION FROM ABUSE & CUSTODY Defendant DEFENDANT'S RESPONSE TO PETITION FOR PROTECTION ORDER AND CUSTODY A. ABUSE 1. Admi tted . 2. Admitted in part, denied in part. It is admitted that Defendant does not know exactly where Plaintiff is residing. Defendant believes that she is residing at either her boyfriend's residence or her parents' residence. It is denied that Plaintiff is staying at one of the locations for her own protection and to avoid further abuse. Defendant denies any abuse. 3. Admi tted. 4. Admitted. 5. Denied. It is denied that since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the Plaintiff, has placed the Plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the Plaintiff and the minor child including following the Plaintiff under circumstances which have placed the Plaintiff in reasonable fear of bodily injury. -1- ,>'/~:~~~ ...- , '. a. Denied. All of the specific contents of Averment Sa. which are alleging actions of abuse taking place on February I, 1996, are denied. b. Denied. All of the specific contents of Averment Sb. which are alleging actions of abuse taking place on February 9, 1996, are denied. c. Denied. It is denied that since approximately 1990, the Defendant has on several different occasions abused the Plaintiff in ways including the following, choked her, grabbed her hair pulling her head back, slapped her in the face pushed her, and punched her. It is further vehemently denied that on one occasion, the Defendant took a bow and shot the Plaintiff with a pencil instead of an arrow causing her to have a laceration on her leg. d. Admitted. It is further stated that Defendant had intended to contest the allegations of abuse at the Hearing scheduled for April 28, 1994, before Judge Harold E. Sheely. The PlaintIff on her own accord withdrew the action entirely on her own accord and initiative. 6. Denied. It is denied that on or about February 1, 1996, the Plaintiff and the minor child left their residence at 106 W. Green Street, Mechanicsburg, Cumberland County, Pennsylvania, in order to avoid further abuse. It is denied that Plaintiff or minor child suffered abuse. It is further stated that Plaintiff left the marital home on February 1, 1996, by herself, in the evening to go -2- '. to the store. The Plaintiff took Defendant's car and did not return until February 4, 1996. During the three days of absence, Plaintiff stayed with her boyfriend. During the three days of absence, Defendant took care of the minor child and had to take off work. 7. It is denied that Plaintiff believes and therefore avers that she and the minor child are in immediate and present danger of abuse from the Defendant and that they are in need of protection from such abuse. Defendant has never abused Plaintiff or his minor child and has never indicated that he would abuse either Plaintiff or his minor child. 8. This averment is not one to which the Defendant need to or is able to respond to. 9. This averment is not one to which the Defendant need to or is able to respond to. 10. This averment is not one to which the Defendant need to or is able to respond to. B. EXCLUSIVE POSSESSION 11. Neither admitted nor denied. Defendant does not have the knowledge to form an opinion as to the truth of the statement. strict proof is demanded at time of trial. 12. Admitted. It is admitted that Defendant resides in an apartment he rents at 106 W. Green Street, Mechanicsburg, Pennsylvania. Plaintiff took herself off of the lease on or about -3- '. .' February 11, 1996. 13. This averment is not one to which the Defendant need to or is able to respond to. It is further stated that Defendant is well able to provide suitable housing for his minor child with him. Defendant denies that he is legally responsible for providing housing for Plaintiff. C. SUPPORT 14. Admitted in part, denied in part. It is admitted that Defendant has a duty to support his minor child wherever his minor child resides. It is denied that Defendant has a duty to support the Plaintiff. The Plaintiff is young, 22 years of age, healthy, able to work, and has left Defendant for another man. 15. Denied. It is denied that Plaintiff is in need of financial support from the Defendant inCluding, but not limited to: heal th insurance coverage, payment of unreimbursed medical expenses for the Plaintiff and said minor child. The Plaintiff is young, 22 years of age, healthy, able to work, and has left Defendant for another man. 16. Denied. Defendant was employed as a Coca-Cola truck dri ver. However, Defendant was let go due to his absenteeism during the months of January and February 1996, when he was caring for his son. It is denied that Defendant had an annual salary of approximately $28,000. Defendant did immediately seek other employment and is now working for Freight, Land, & Sky as a truck -4- '. driver. 17. Neither admitted nor denied. Defendant does not have sufficient knowledge to form an opinion as to the truth of this averment. strict proof is demanded at time of trial. 18. Defendant does not need to respond to this averment. D. ATTORNEY'S FEES 19. Defendant does not need to respond to this averment. However, it is further stated that Defendant should not have to pay any reasonable attorney's fees to Legal Services, Inc. and is not financially able. E. TEMPORARY CUSTODY 20. It is admitted in part, denied in part. The basic information concerning the minor child is admitted. It is further admitted that presently said child is with the Plaintiff at a location unknown to the Defendant. However, it is denied that said child has been with the Plaintiff since February 1, 1996, until present. Plaintiff left the marital home on February 1, 1996, by herself, in the evening to go to the store. The Plaintiff took Defendant's car when she left. She did not return until February 4, 1996. During the three days of absence, Plaintiff stayed with her boyfriend. During the three days of absence, Defendant took off of work in order to care for the minor child at home. Plaintiff took said child from Defendant on February 9, 1996, and has refused to let Defendant have custody or visitation of his -5- . " " minor child. 21. It is admitted in part, denied in part. It is admitted that there is an action on the Docket with this Honorable Court, No. 94-1982. However, Plaintiff withdrew that action and the issue of Custody was never litigated. presently, Defendant filed a Complaint For Custody along with a Petition For Emergency Relief on February 13, 1996, in the Court Of Common Pleas of Cumberland County, which is docketed as No. 96-777 Civil Term. On February 14, 1996, the Honorable Judge Kevin A. Hess issued a Rule To Show Cause on the Defendant to show cause why the parties shall not share physical custody of the minor child, on a week on week off basis until further order of court. (Please see attached exhibits A & B). 22. Neither admitted nor denied. Defendant does not have sufficient knowledge to form an opinion as to the truth of this averment. Strict proof is demanded at time of trial. Presently, Defendant filed a Complaint For custody along with a Petition For Emergency Relief on February 13, 1996, in the Court Of Common Pleas of Cumberland County, which is docketed as No. 96-777 Civil Term. On February 14, 1996, the Honorable Judge Kevin A. Hess issued a Rule To Show Cause on the Defendant to show cause why the parties shall not share physical custody of the minor child, on a week on week off basis until further order of court. (Please see attached exhibits A & B). -6- 23. Admitted. 24. Denied. a. Denied. It is denied that Plaintiff is a responsible parent who can best take care of the minor child. b. Denied. It is denied that the Defendant has abused the Plaintiff. The Defendant has not abused the Plaintiff. The Defendant is an appropriate role model for his minor son. c. Denied. The Defendant's behavior has not adversely affected the child's safety. The Defendant has not behaved in any negative way that may adversely affect the child's safety. WHEREFORE, the Defendant, MATTHEW BOUGHTER, respectfully requests that this Honorable Court a) not enter a Protection From Abuse Order on the record, b) not enter an Order prohibiting Defendant from removing or selling property jointly owned by the parties, which is a divorce issue, c) not enter an Order whereby Defendant has to provide suitable alternate housing for the Plaintiff and his minor child, d) not grant support to the Plaintiff and the minor child in an appropriate amount according to the support guidelines, e) not enter an Order whereby Defendant has to pay reasonable attorney fees to Legal Services, Inc. -7- . ;~'.'~~'''''.''-''.~.i~ COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 25. Defendant does not need to respond to this averment. 26. Denied. It is denied that the best interest and permanent welfare of the minor chid will be served by confirming custody in the Plaintiff. WHEREFORE, the Defendant, MATTHEW BOUGHTER, respectfully requests that this Honorable Court award primary custody of said child to him or in the alternative, award shared physical custody to him. DEFENDANT'S NEW MATTER TO PETITION FOR PROTECTION ORDER AND CUSTODY 27. The averments 1 through 26 are incorporated herein as though textually setforth. 28. The Defendant and Plaintiff have been dating since 1990. 29. The Defendant and Plaintiff married in 1994. 30. During the past five (5) years, the Defendant has helped the Plaintiff through some very emotional and trying times including, but not limited to, the following: a. The time when the Plaintiff discovered that her biological father was an alcoholic. b. The time when the Plaintiff feared that she was being -8- - ,,"",', abused by her father. 31. The Defendant has never abused the plaintiff. He has never pushed, kicked, hit, punched or put the plaintiff in reasonable fear that he would do these things to her. 32. In 1994, when plaintiff filed a Temporary protection From Abuse, she was upset because she and the Defendant had a marital fight. she then later on her own volition filed a Praecipe to withdraw the Action. 33. During the month of January 1996, and the first week of February 1996, plaintiff would leave for several days at a time and not return to the marital home. During these absences, Defendant would take care of his minor child. 34. During these absences, the Defendant would contact plaintiff where she was staying and ask her to see their son. He would then drive their son to where the plaintiff was staying for a visit. 35. On or about February 3, 1996, plaintiff told Defendant that she had met another man, Jeff winchester, and that she loved this other man. The plaintiff then told the Defendant that she wanted a divorce. 36. On February 1, 1996, the Defendant returned home from work at about 7:00 p.m. As the Defendant was making himself a peanut butter and jelly sandwich, he asked the plaintiff if she could get him a soda for his drink. The plaintiff shouted, "Get it -9- ,,-...--....... '. ." yourself." The Defendant then asked the Plaintiff why she could not go out to a store and get him a soda along with other food items the family needed, such as milk and bread. The Defendant then chucked his drink in the sink. The Plaintiff then stated that she would go to the store. The Plaintiff took the Defendant's car and went to the store. 37. The Plaintiff did not return to the marital residence until February 4, 1996. During her absence from the marital residence, the Plaintiff lived with her boyfriend. During her absence, the Defendant took off of work to care for their son. 38. From February 4, 1996, until February 9, 1996, the plaintiff stayed at the marital residence. The Plaintiff and Defendant discussed their divorce. 39. The Plaintiff informed the Defendant that she wanted a divorce, wanted to be his friend, and wanted her freedom. 40. On February 9, 1996, the plaintiff and Defendant were discussing their divorce and their attempt to keep it amicable. The Plaintiff was to see an attorney that afternoon. The Defendant drove the Plaintiff, with her consent, and their minor child and another child whom the Plaintiff was babysitting, to Defendant's mother's home. The Defendant had to pick up his truck which was located at his mother's residence. The Defendant drove the speed limit and stopped at the two stop lights which he passed as he drove the one (1) mile to the mother's residence. During the -10- drive, the Defendant was upset and sad that his wife was leaving. At his mother's residence, he stopped his car and emerged in order to get his truck. The plaintiff and Defendant had agreed previouslY that he would have said child that afternoon while the plaintiff went to see an attorney. To the contrary, the plaintiff tore away in the car with their child. The Defendant and his friend then drove to the location they believed that the plaintiff was headed. At the location, they saw a friend of plaintiff drive away with Defendant's car, with said child, and plaintiff in the car. Eventually, the Defendant caught up with the plaintiff at asked her, "what was going on," to which she responded by making a vulgar gesture to the Defendant. At that point, the Defendant and his friend went to call the police. 41. Later during the evening of February 9, 1996, the plaintiff with said child arrived to the Defendant's residence, along with a friend of Plaintiff and the friend's boyfriend, Chris. Chris proceeded to threaten the Defendant and inform him that plaintiff had filed a PFA. 42. Defendant promptly called the Mechanicsburg police Department, and the police came to the Defendant's residence. 43. The police did not have any PFA or citations on file and the plaintiff and her friends left. 44. The Defendant has not seen the Plaintiff since February 9, 1996. -11- " 45. The Defendant has not contacted the Plaintiff other than on February 11, 1996, and February 14, 1996, when he called the plaintiff to ask for a visit with his child. Each time, the plaintiff told the Defendant that she would not let him see their son. 46. Each time the Defendant contacted the Plaintiff, he contacted her at the home of her boyfriend, Jeff Winchester. 47. On February 11, 1996, the Defendant was notified by his landlord that the plaintiff had told the landlord that she wanted her name to be removed from the lease. The Defendant told the landlord that it was alright for the Plaintiff's name to be removed from the lease. 48. On February 13, 1996, the Defendant filed A Child custody Complaint and a Petition For Emergency Relief in the Court Of Common Pleas of Cumberland county, Pennsylvania, which is docketed as No. 96-777 civil Term. 49. On February 14, 1996, the Honorable Judge Kevin A. Hess issued a Rule To Show Cause on the Defendant to show cause why the parties shall not share physical custody of the minor child, on a week on week off basis until further order of court. (Please see attached exhibits A & B). 50. The Defendant has never abused said minor child in any manner. _12- f) Order primary physical custody of said minor child, Matthew A. Boughter, Jr., with the Defendant, MATTHEW BOUGHTER, or in the alternative, to ORDER shared physical custody of said minor WHEREFORE, the Defendant, MATTHEW BOUGHTER, respectfully requests that this Honorable Court: a) not enter a Protection From Abuse Order on the record, b) not enter an Order prOhibiting Defendant from removing or selling property jointly owned by the parties, which is a divorce issue, c) not enter an Order whereby Defendant has to provide suitable alternate housing for the plaintiff and his minor child, d) not grant support to the plaintiff, e) not enter an Order whereby Defendant has to pay reasonable attorney fees to Legal services, Inc. child. Respectfully submitted, BATURIN & BATURIN By: 171v-J-L1n3~ Madelaine N. Baturin Attorney ID #68971 Attorneys for Defendant 717 North Second street Harrisburg, PA 17102 (717) 234-2427 Date: February 20, 1996 -13- \ Ii MATIHBW S, BOUGHTER. SR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 96.777 CIVIL TERM V8.. BONNIE ANN BOUGHTER. Defendant CIVIL ACTION. LAW IN RE: PETITION FOR EMERGENCY RELIEF ORDER AND NOW. this lof' day of February, 1996, a rule is issued on the defendant to show cause why the parties shall not share physical custody of the minor child. Matthew Scntt Bouder. Jr.. on a week on week off basis until further order of court. This rule returnable five (5) days after service, BY THE COURT. /l /1- TRUE COpy FROM RECORD In T':~lirrl,'n'{ \'!HiOf, I "He unto !oCt IlII hand and rh~ s~~1 of said Court at Carlisle, Pel. This ..../.,I,{,4.. day of......:.f.&t..::.... .19....9~ u~.;L cr?' ....I.t.........._~..~...a.~......~&~ oD~ . Prothonotary BXHJHIT "A" VERIFICATION I, MATTHEW A. BOUGHTER, SR., verify that the statements made in the above Response To Petition and New Matter are true and correct to the best of my knowledge, belief, and information. 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. b~; z(zc.(qr ~t1/Ld (SEAL) ~S. BOUGHI'BR, R. , CERTIFICATION I, Madelaine N. Baturin, of the law firm of Baturin & Baturin, attorneys for the Defendant in the above-captioned matter, do hereby certify that on February 20, 1996, I served a true and correct copy of the Defendant's Response and New Matter by hand- delivering same to the tOllowing: JOAN CAREY, ESQUIRE LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Attorney for Petitioner BATURIN & BATURIN By: "(VLHL{- n, e ~L Madelaine N. Baturin Attorney I.D. # 68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorneys for Defendant Dated: February 20, 1996 BONNIE A. BOUGHTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94 - /9 'g;:). CIVIL TERM vs. . . : PROTECTION FROM ABUSE : AND CUSTODY MATTHEW BOUGHTER, Defendant AND NOW, TEMPORARY PROTECTIVE ORDER this /y't:l.day of April, 1994, upon presentation ~ and consideration of the within Petition, and upon finding that the plaintiff, BONNIE A. BOUGHTER, now residing at 33 West Factory street, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, MATTHEW BOUGHTER, the following Temporary Order is entered. The defendant, MATTHEW BOUGHTER, now residing at 515 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, BONNIE A. BOUGHTER, or placing her in fear of abuse and is ordered to stay away from the residence located at 33 West Factory street, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is owned by the plaintiff'S parents. The defendant is hereby notified that if he goes to or resides in the plaintiff'S domicile contrary to this order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. Temporary custody of MATTHEW SCOTT BOUGHTER, JR., is hereby awarded to the plaintiff, BONNIE BOUGHTER, and the transfer of custody shall be facilitated by the Cumberland County Sheriff's Department. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the~~ day of April, 1994, at .:] :.ja ~.m. in Courtroom NO.~, Cumberland County Courthouse, CarliSle, Pennsylvania. The plaintiff may proceed in forma DauDeris pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of civil Procedure. The Mechanicsburg Police Department will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, ~~ r,h /)' ./ C-'( ~--- -- Y J. the defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. Section 6113). BONNIE A. BOUGHTER, Plaintiff IN THE COURT OF COMMON PLEAS OF . . : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 94 - CIVIL TERM vs. . . : PROTECTION FROM ABUSE : AND CUSTODY MATTHEW BOUGHTER, Defendant . . NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 BONNIE A. BOUGHTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - CIVIL TERM VB. . . : PROTECTION FROM ABUSE AND CUSTODY MATTHEW BOUGHTER, Defendant PETITION FOR PROTECTIVE ORDER AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 510 Bershire Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The defendant is an adult individual residing at 515 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The defendant is the plaintiff's husband. 4. Since approximately 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about April 15, 1994, the defendant threatened the plaintiff saying that if she left, he would bash her head in, and he grabbed the six month old baby out of her arms. A neighbor who was at the house, took the plaintiff to another residence to assure her safety, but her husband, who had stayed with the defendant, telephoned them and told his wife not to bring the plaintiff home because the defendant would kill her. The plaintiff went to the District Justice who entered an emergency protective order until Monday, April 18, 1994. b. In or around March 1994, the defendant pushed the plaintiff to the bed, and when she attempted to stand, the defendant put a shoe string around her neck and choked her. As a result of this choking which occurred off and on for approximately ten minutes, the plaintiff could not breathe and felt herself losing consciousness. c. In or around the Winter of 1994, the defendant, while holding the four month old in his arms, grabbed the plaintiff by the hair, and ran up approximately fourteen stairs, dragging her behind him. The baby was crying and the defendant was threatening that if she left, he would kill her. d. In or around June 1993, while the plaintiff and defendant were driving, the defendant pulled out a aa air pistol and shot the plaintiff in the knee area, causing the plaintiff to suffer pain and swelling. e. Approximately three years ago, the defendant came to the plaintiff's place of employment, made her come outside, forced her into his truck, and would now allow her to leave. The plaintiff's manager came out and had to physically pull the plaintiff from defendant's truck. The Hampden Township police responded. ~~. f. Approximately weekly, the defendant physically abuses the plaintiff in ways including, but not limited, to the following: slapping, kicking, punching, and pushing the plaintiff. S. On April 15, 1994, the plaintiff left her residence located at 510 Berkshire Lane, Mechanicsburg, Cumberland county, Pennsylvania, without her child in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be restrained from having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff'S relatives. B. TEMPORARY CUSTODY 8. The plaintiff seeks temporary custody of the following child: ~ MATTHEW S. BOUGHTER, JR. Present Residence Agg 515 Hogestown Road Mechanicsburg, PA The child was not born out of wedlock. 6 mos. The child is presently in the custody of MATTHEW BOUGHTER who resides at 515 Hogestown Road, Mechanicsburg, Pennsylvania. During the child's lifetime, the child has resided with the following persons and at the following addresses: ~ Addresses Dates Plaintiff & Defendant 109 Twin Hills Road Dillsburg, PA 9/28/93 - 10/93 Plaintiff & 510 Berkshire Lane 10/93 - 4/15/94 Defendant Mechanicsburg, PA 515 Hogestown Road Mechanicsburg, PA 4/15/94 - present Defendant, defendant's parents, defendant's brother and wife, and defendant's two nephews The mother of the child is BONNIE A. BOUGHTER, currently residing at 33 West Factory street, Mechanicsburg, Pennsylvania. She is married. The father of the child is MATTHEW BOUGHTER, currently residing at 515 Hogestown Road, Mechanicsburg, Pennsylvania. The plaintiff currently resides with the following persons: Imm KATHY LEVAN JESS LEVAN NATASHA LEVAN RelationshiD mother father sister 9. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 10. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 11. The plaintiff does not know of 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 child. 12. The best interests and permanent welfare of the child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for the following reasons: a. The plaintiff is a fit parent who can best take care of her child. b. The defendant has shown by his abuse of the petitioner that he is not an appropriate role model for the child. c.The plaintiff has been the primary caretaker of the child. d. The defendant has never taken care of the child nor has he ever shown any interest in caring for the child. e. The defendant is not acting in the child's best interest by denying the six month old contact with his mother. C. ATTORNEY FEES 13. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the protection from Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 14. The defendant is employed at Coca-Cola and has a base salary of $30.00 daily plus sales. 15. The plaintiff currently has no income. 16. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. Section 6101 ~ ~., as amended, the plaintiff prays this Honorable Court to grant the "J1!11!'~ZZ"" following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Granting temporary custody of the minor child to the plaintiff. 4. Ordering the defendant to stay away from the residence located at 33 West Factory street, Mechanicsburg, which the parties have never shared. 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residence located at 3~ West Factory street, Mechanicsburg, which the parties have never shared. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. s. Ordering the defendant to pay attorney fees to Legal Services, Inc., pursuant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Mechanicsburg Police Department as the Police Department with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interests and permanent welfare of the children will be served by granting custody to the plaintiff as set forth in Paragraph 12 of the Petition. WHEREFORE, pursuant to 23 P.S. Section 5301 gt ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, can Carey Attorney for Pia ntiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 .. ".,---, ,. ,.-...~.,_.- ,.'-'~" ""'~--""""~'--"-" ..-". The above-named Plaintiff, BONNIE A. BOUGHTER, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. ~B~~h~~ff Date: Lj-/8- 'lJ..f - '.'_, - 0,". ..... k E ~ c... t 0. ~ - . . \Y) . ... <:l r I~ v ~ ~ ~ ~~ ~ "-. u., 0 ~...... 1 '\:) "'~ ~~. '" ~..,I c:;;J -.....:~ ,~~ ~ '-> Bonnie A. Boughter. Plaintiff IN THE COURT OF COMMON PLEAS OF vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1982 CIVIL TERM Matthew Boughter, Defendant PROTECTION FROM ABUSE AND CUSTODY AND NOW, this ORDER FOR 7-i( r'l- day of CONTINUANCE February, 1996, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on February 22, 1996, at 3:00 p.m. by this Court's Order of February 14, 1996, is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by mail. Certified copies of this Order for Continuance will be provided to the appropriate police departments by the plaintiff's attorney. U:I (~~r\'L Ha' old' E. Sheely, Judge Joan Carey Attorney for Plaintiff Madelaine N. Baturin Attorney for Defendant ~ \,..."n...L.(. .3/1/ q ID. ~ 6', ,. ,r::,! :./; -I....,-C.,;.~Z - :J !' ~.... ".. "j i . '" I:!, 9 ""I', ,~.. "" , ' J~:.';',!;""i'3 .1;.',.'/,~ . I... ~ '", I " ",1 ." Bonnie A. Boughter, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1982 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY vs, Matthew Boughter, Defendant MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on February, 14, 1996, scheduling a hearing for February, 22. 1996, at 3:00 p.m. 2. The Cumberland County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on February, 14, 1996. 3, The defendant has retained Madelaine N. Baturin to represent him in the matter. 4. The parties by and through their counsel agree that the hearing be generally continued to afford them time to execute a Consent Agreement. 5. The plaintiff requests that the Temporary Protection Order remain in effect until modified or terminated by the court after notice or hearing. 6. Certified copies of the Order for Continuance will be delivered to the appropriate Police Departments by the attorney , for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, ~l'--'t> for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 .~.._..,..~.."...<,.,.....A'.t'''''>'' r;:~~-:::__,_ .. -' ".. [..~ ~'.' 1J1C. C'h r;:~ W4. (;'i,;' . 0' U.ll -' u..: ~' i l'. t:; 1.1') l,;") C'" - i.: ~ . I ~'l ~< i~~ ,;.., ,.., ("I (0:' L,"; L,.!_ ,.'"l c." ~1 _ 1.._ .-~: ;.~": '.."U !; J(':,. "; [) 'c"'; ']'1 ..