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Home My WebLink About95-06054 CI;n'I') FI C^,I'I ON OF ""A CONTEMPT C{IIll! NUlTlbul' _'1"... (:.il,'i1.J:C,~ -';,,,-,,,,,,, Nalllo ~~ Jj~ft.!?la(~ll4C._ :i 0 1J'<>11'l111.{}1ll-COk_.1.~'I.x!!_(.')(1 I (' '''J }111 ' j' .".!tLt( <l ({. r-- :LL__..L1J2L . V i cUm I a NalTlo I ,l).;,,u.u. tk,td~u- Uilll1l1CO Duo I ~ -.11 '/.. . !:1Q.. 11{J Slale SUl'charge ADD DELETE ~ $ $ ----- $ ~ 3/.1.0 $ ~ 10.00 $ _._~-- S 15.00 $ 171 Slale Fine 260 Sheriff Cosl ($1.50 . any addtl) 207 Dislricl Allorney 204 Courl Cosla (Clerk of Courl) 502 Restilulion Name 'P'lfo-tlt(m('lit1~/~ f)#'~L AddresB ~ 5:/,50 $ .,.-(jf.tii/Jfl i/S,/O d..rt7'2-H1 · 1(1.~~ AI.-L. City Slale ?ip Name s $ Address City Slate Zip Nilllle AddreBR C i ly S lill.n t\lp I'J oJ hOllol oll'Y of f j cn 1'.....11l1I cllnlfYJ.ng Inlol'llloll.lllJl ~rf-{t(I.,~-,-)tiia:~1- Illlt.e ff//..:rI.'16 DINISE BOULLAINNE, a guardian on behalf of NICOLE BOULLAINNE, a minor Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA V. PROTECTION FROM ABUSE GERARD BOULLAINNE, Defendant 95-6054 CIVIL TERM IN REI INPIlUlGT CRIMINAL CONTEMPT BEFORE SHEELY. P.J. MEMORANDUM OPINION AND ORDER OF COURT AND NOW, thill 2nd day of Auguet, 1996, a hearing wa. held today on an allegation of a violation of a protection from abu.e order previoullly iSlIued by the Court. The allegation wa. that the Defendant, Gerard Boullainne, was on the premi.ee oocupied by Nicole Boullainne, in violation of paragraph 5 of the order, on April 29th, 1996, at 5100 p.m. Thie is a requeet for a finding of indirect criminal contempt, and, therefore, the finding mu.t be supported by evidence beyond a reaeonab1e doubt. Nicole ill a young lady of about 11 years old, and the Defendant had previou1l1y entered a plea of nolo contendere to an indeoent aesault charge involving Nicole and had been .entenced to 30 days in the Cumberland County Prieon, and I believe that's what lead to the initial agreement of entering into this protection from abuse order. At the alleged time and place Nicole wall at her home. No other adultll were prellent. Nicole testified that initially ehe saw a perllon on the premieell who ehe thought looked like her father, and I belillve according to her telltimony her firet call wall made to her godmother. and that'e what ehe told her, ehe thought that it wae her father, and she never pOllitively lIaid that it waD. ^ oubaequent call wall made to her mother, end I believe in the conversation with her mother she did .ay that, in fact, the person present was her father. There was testimony presented on behalf of the defen.e, firet by the defendant's father, who indicated that he was at the premisee of his Don on the date in question, but during the relevant timeD he was not present, and he would have, obviouely, no way of knowing what his son wae doing about 5.00 in the afternoon. The Defendant himself testified that he had worked the night before, and in the day in question his dad came over in the morning, and in the afternoon he went to sleep and did not wake up until about 7.00 p.m. that date. Obviously, if hi. te.timony ie true he could not have been present at his daughter's residence. He also called his girlfriend or a friend who livs. with him and has been living with him I believe she said .ince March. She indicated that on the date in question that ehe wa. home all day until about 3.00 in the afternoon when she went to pick up her daughter. She got home around 4.30, and when she got home that date the Defendant was still asleep, but she called him I believe around 6.30 to indicote that supper was ready, and he got up around 7.00 p.m. that evening. Accepting her testimony obviously the Defendant could not havs been at the residence where his daughter lived at about 5.00 on that date. Obviously this is a caDe revolving around the credibility of witneDses, and in my jUdgement I would think that the daughter, even though she did not Day initially that it wae her father, that she certainly would know who he was, and that her subsequent testimony that it woo her dad is truthful and DENISE BOULLAINNE, a guardian on behal f of I NICOLE BOULLAINNE/ a minor Plaintiff VS. GERARD BOULLAINNE, Defendant IN TilE COURT Of' COMMON PLEAS Of' CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- (,,-1''> ~IVIL TERM PROTECTION FROM ABUSE TIM'O...Y .aOTICTIOM oaDla AND NOW, this ),p-M day of October, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, NICOLE BOULLAINNE/ now residing at 813 Upland Street/ Mechanicsburg, Cumberland county, PennsYlvania, is in immediate and present danger of abuse from the defendant, GERARD BOULLAINNE, the following Temporary Order is entered. The dsfendant, GERARD BOULLAINNE, SSNIUNKNOWN and DOBIUNKNOWN, now residing at 50 Bonnybrook Road, Lot 50, Carlisle, cumberland county, Pennsylvania, is hereby enjoined from physically abueing the plaintiff, NICOLE BOULLAINNE, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 813 Upland street, Mechanicsburg, Cumberland county/ pennsylvania, a residence which is rented by Denise Boullalnne. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited too telephone and written communications. The defendant is enjoinsd from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's sohool. A violation of tbis Order aay subject tbe defendant tOI il arrest under II 'a.c... 111111 iil a private cri.inal co.plaint under II 'a.C... ,1111.1; iiil a cbarge of indirect criainal conteapt under II 'a.C... '111., puniabable by i.prisonaent up to si. aoatbs aad a fibe of tl00.00-tl,000.00; and ivl civil oObteapt under II 'a.C... ,111..1. .eeu.ption of co-residebce Ob tbe part of tbe plaibtiff and defendant eball bot bullify tbe provieiobe of tbe court order. This Order Rhell remain in effeot until modified or terminated by the Court and oan 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. A hearing shall be held on this matter on the ~~~day of October, 1995/ at ~:~t)Jl.m., in Courtroom 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. DENISE BOULLAINNE, a guardian on behalf ofl NICOLE BOULLAINNE/ a minor Plaintiff vs. GERARD BOULLAINNE, Defendant I I I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- CIVIL TERM PROTECTION FROM ABUSE MOT I C I 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. WI.I AMD COITI If the case goes to hearing and the judge grants a protection order, a surcharge of $25.00 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 ebould take tbis paper to your lawyer et once. If you do not bave a lawyer or cannot afford one, qo to or telephone the office eet forth below to find out where you can qet leqal help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE/ PENNSYLVANIA 17013 TELEPHONE NUMBERI (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. DENISE BOULLAINNE, a guardian on behalf ofl NICOLE BOULLAINNE, a minor plaintiff VS. GERARD BOULLAINNE, Defendant I I I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- CIVIL TERM PROTECTION FROM ABUSE '.TITIO. ro. ,aOT.CTIOI ORD.R ..Llar UIDa. Ta. 'aOTaCTIOI rRON AIU.a ACT, 13 ...C... . 1101 at .aq. .. &aU. a 1. The plaintiff, NICOLE BOULLAINNE, a minor, and DENISE BOULLAINNE, an adult who is the mother of the plaintiff, reside at 813 Upland street/ Mechanicsburg, cumberland county/ Panneylvania 17055. 2. The defendant, GERARD BOULLAINNE, SSNIUNKNOWN and DOBIUNKNOWN, is an adult individual residing at 50 Bonnybrook Road, Lot 50, Carlisle, cumberland county, Pennsylv3nia, 17013. 3. The defendant ie the father of the minor child. 4. since approximatelY 1990, the defendant has attempted to cause and has intentionally, knowingly, or recklessly physically abused the child, sexuallY abused hero has placed her in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed aots toward 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 abueel a. In or about May 1995, the minor child suffered a brui.. on the bridge of her nose resulting from the defendant's hitting her in her face with his hand. Also in or about Hay of 1995, the defendant had, on several occasions, attempted to touch and touched the child's vagina causing the child discomfort and making her afraid. Cumberland County Children , Youth Servicss were contacted to investigate allegations of sexual abuse. Their investigation uncovered a history of sexual abuse and supported an indicated report. criminal charges have also been filed against the defendant, a preliminary hearing was held or October 4, 1995, and the cass was bound over for trial. Since apprOXimatelY May 1995, the child has had no contact with the defendant until the preliminary hearing on October 4/ 1995, where the child testified as to the abuse. b. On or about October 11 , 12, 1995, the defendant came to the child's residence while her mother was at work, poundsd on the door, and attempted to get into the residence oausing the child who did not answer the door, to fear and hide under a bed. o. On or about the weekend of October 6, 1995, on approximately two occassions, the defendant drove by the babysitter's residence where the child was staying causing ths child to fear. d. ApproKimatelY once a month since 1990/ the defendant sexually abused the minor child in ways inclUding, but not limited too the followingl penetrating the child's vagina with his fingers, and forcing the child to playa game called "blowfish" in which the child was made to have oral contact with the defendant's penis. On one chrietmas Eve/ the defendant removed the child's nightgown and underwear and carried her into his bed that evening. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff inclUding, but not limited too telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 8. The plaintiff desires that the defendant be restrained from entering hsr school. .. .TTO".V ..... 9. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal services, Inc. WHEREFORE, pursuant to the provisions of the "Protection from Abuee Act" of october 7, 1976, 23 Pa.C.S. S 6101 n Ufl., ae amended, the plaintiff prays this Honorable court to grant the following reliefl A. Grant a Temporary order pursuant to the "Protection from Abuse Actl" 1. ordering the defendant to refrain from abusing the plaintiff or placing her 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/ 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives/ 4. prohibiting the defendant from entering the plaintiff's school/ 5. ordering the defendant to stay away from the plaintiff's residence located at 813 Upland street, Mechanicsburg, cumberland county, Pennsylvania, 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 yearl 1. ordering the defendant to refrain from abusing the plaintiff or placing her 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 co..unications. 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff'S place of school. 5. ordering the defendant to stay away from the plaintiff'S residence located at 813 Upland street, Mechanicsburg, Cumberland County, Pennsylvania, 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. 7. Ordering the defendant to pay reasonable attorney fees to Legal Servioes, Inc. The plaintiff further asks that this Petition be filed and served without pre-payment of fees by the plaintiff, and that a certified copy of this Petition and order be delivered to the Lower Allen Township Police Departmsnt who has juriSdiction to enforce thie Order. The plaintiff pray. for such other relief .s ..y be just .nd proper. Respectfully submitted, - V ('--tJ./ 1\ ~t...Jrt (/ (J a carey, Attorn for Plaintiff IGAL .IIVIOI., I . 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 "- I, ~ " t..; '''; ~ 1 4 Cl () ~, ~ r't) ,." ~ , .-... . n c.3 1'1 ,'l ~j C'" 1.-.\ ,- ., ~. . ~ . . COMMONWEALTH OF PENNSYLVANIA . . V. . . GERARD JOSEPH BOULLAINE, . Defendant . . IN THE COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PENNSYLVANIA NO. 95-6054 CIVIL TBRM I. O. 1I0'l'10. rOil I. "a_1tA 1.1.ICorIO. or CIILDO. &liD yon. OCOIlDI Ilroo IIIILY. ..J. KKMO..-DUII 0.1.101 AIID 01lD11l or COURor Before the court is the motion of defendant, Gerard J. Boullaine, to allow his counsel to perform an in camera in.pection of the Children and Youth file of hi. daughter, Nicole Boullaine, born March 4, 1985. Also before the court i. the motion of Gerard Boullaine to continue the hearing scheduled in the above-ceptioned matter for July 19, 1996. Gerard Boullaine ha. been charged with indirect criminal contempt ba.ed on an allegation that he violated a PFA order filed again.t him by hi. daughter, Nicole. In order to prepare hi. defen.e, Gerard Boullaine wishes to have hi. coun.el examine hi. daughter's Children and Youth file to glean information about her truthfulness. We believe that the ca.e law i. clear that defense counsel must be permitted an opportunity to make an in camera inspection of the file. ~ Commonwealth v. Ridley, 43 C.L.J. 238 (1994). In addition, thie court is aware that Gerard Boullaine pled D2l2 contendere earlier thio year to charges of indecent assault against hio daughter, Nicole. Clearly, baeed on that plea, the allegations made by Nicole with regard to that incident will not . . NO. 95-6054 CIVIL TBRM be able to be used to impugn her veraoity, oinoe they were ratified by the plea. Finally, we caution defense oounsel that any information gleaned from the Children and Youth file will be subjeot to our ruling before it may be used at the PFA hearing, and we will require defense oounsel to make an offer of proof before using any suoh information. with regard to the motion for oontinuanoe, Boullaine oontends that a oontinuance must be granted beoause the discovery motion has not yet been decided. This oaee was originally soheduled for a hearing on July 1, 1996. Because that date did not suit defendant's counsel, on June 27, 1996, we resoheduled the hearing for July 19, 1996. On July 12, 1996, this oourt reoeived the disoovery motion. Late on July 17, 1996, we reoeived the motion for oontinuanoe. Sinoe de fondant would only have one day to examins the Children and Youth file, we will grant the motion for continuance. However, a firm hearing date will be established for this matter/ and no further continuanoes shall be granted. ORDER AND NOW, thie ~Jay of JULY/ 1996, it ie hereby ordered and direoted that Patriok F. Lauer, Jr., Bsq., counoel for defendant, may make an in oamera inspeotion of the Children and Youth file of Nioole Boullaine at hio convenienoe in this oourt's ohambers. Furthermore, at the hearing on this matter, defense oounsel shall inform the court through an offer of proof before 2 COMMONWBALTH OF PBNNSYLVANIA v. IN TilE COURT OF COMMON PLBAS OF CUMBBRI.AND COUNTY, PBNNSYLVANIA NO' 95-6054 CIIARGB' INDIRBCT CRIMINAL CONTBMPT (VIOLATION OF PFAI GBRARD JOSBPII BOULI.AINB, Defendant DBFENDANT'S MOTION FOR IN CAMBRA INSPECTION OF CHILDREN AND YOUTH RECORDS AND NOW, comes the Defendant, Gerard Joseph Boullaine, by and through his attorney, Patrick F. Lauer, Jr., Bsquire, and respectfully represents the following in support of thie motion, 1. It is believed that the Commonwealth's sole witness for the prosecution is the Defendant's daughter, Nicole Boullaine. 2. It is believed that on prior separate occasions, Nicole has initiated allegations against her mother, Denise Boullaine, as well ao other people, inclUding Defendant. J. It ie believed that Nicole has a propeneity for untruthfulness. 4. It io believed that Nicole'o mother, Denise, has informeu the Office of Children and Youth Services that her daughter tends to be untruthful to seek attention. 5. It is believed that the Office of Children and Youth Services poesesses records which contain reports and data tending to support the fact that Nicole has a tendency to make up stories lin or:~r tOD:::n;:::nt~::~tains that he did not approach his aughter's home in violation of the PFA Order. , ' COMMONWEALTII OF PENNSYLVANIA I IN 'I'IIE COURT OF COMMON PLEAS OF I CUMBER!JAND COUNTY, PENNSYLVANIA I v. I NOI 95-6054 I GERARD JOSEPII BOULLAINE, I CIIARGE I INDIRECT CRIMINAL CONTEMPT Defendant I (VIOLATION OF PFA) DBFHNDANT'S MOTION FOR A CONTINUANCR AND NOW, comes the Defendant/ Gerard Joseph Boullaine, by and through his attorney, Patrick F. LaUor, Jr., Esquire, and respectfully represents the following in oupport of thie motionl 1. Defendant has been charged with indirect criminal contempt. 2. A Contempt Hearing is schedUled on July 19, 1996 at 10100 a.m. 3. On July 10, 1996, Defendant filed a discovery motion requesting an in camera inspection of Children and Youth Servicee Records which are believed to contain exculpatory evidence tending to show that the conunonwealth'B eye-witness tende to lie to get ! attention. 4. The above-referenced motion has not yet been addreoeed by the Court. 5. 'I'he defense is not ready to proceed with the hearing until potential exculpatory evidence has been reviewed. WIIEREFORE, the Defendant requests that the Contempt Ilearing be rescheduled following disposition of the outstanding disoovery motion. .. v. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I INDIRECT CRIMINAL CONTEMPT I NO. 95-6054 CIVIL TERM NICOLE BOULLAINNE, plaintiff GERARD JOSEPH BOULLAINNE, Defendant IN REI BAIL' HEARING DATE SET ORDER OF COURT AND NOW, this 28th day of May, 1996, the Defendant appeared in court today represented by William Braught, Esquirs, Assistant Publio Defender. He was here today pursuant to my order dated May 16th, 1996/ directing that he be placed under arrest and brought before the Court if the court was available during normal working hours. Obviously it is normal working hours, and he was brought before me. I would direot at this time that the Defendant be released on ROR bail for a hearing to be held on the indireot oriminal contempt on Monday, July 1st, 1996, at 8130 a.m. The Defendant is presently serving a jail sentence imposed by Judge Hess this morning. By the court, ll. ,\ I \ ~ Harold E. Sheely, P.J. ~. , '" ~ - ... c (." .~ .. :~~ - I~ - ~ 3.1 [ -", I ~II ~ lH~ r.~: , -, ~ u:l :; en U ....FFIDAVIT RIDER CONTAINING PROBABLE CAUSE FOR TilE ISSUANCE OF A WARRANT OF ARREST FORIGERARD JOSEPH nOULLAINNE W-N/M/36, DOB:8-27-59, SSN/175-4S-4977, 50 nonneybrook Hd., Lot 50, Carlisle, PA 17013 On. 4-29-96 at 1709 hrs, Cpl. Williamson, officel' McNair and I, Officer Gregory Thomas, responded to 813 Upland st., Mechanicsburg, PA for an active violation of a Protection From Abuse order. The caller was to be an eleven year old girl who's father was trying to enter her residence. There was an active PFA against the father ordering him to have no contact with the daughter. The daughter was home alone at the time. When we arrived at the residence the fathel' waG gone. The child, Nicole Boullainnll and hel' mother, Denise Boullainne were wai ting outside. Cpl. Williamson talked with Denise Boullainne who provided cpl. Williamson with the Protection From AbUse Order signed by the Honorable JUdge Kevin A. Hess. This PFA orders the father, GERARD JOSEPH nOULLAIIlNE to stay away from 813 Upland st., Mechanicsburg, PA. GERARD J. nOULLAINNE is to refrain from having any direct or indirect contact with Nicole Boullainne. I spoke with Nicole Boullainne who told me that while she was watching television on 4-29-96 at about 1700 hours she heard a banging noise outside the house. Nicole looked out the window to the front of the house and saw her father, GERARD J. BOULLAINNE going through a utility trailer parked in front of the house. Nicole then went and got the telephone and called a friend of the family and then her mother, who was at work. Denise Boullainne told Nicole Boullainne to call the Police. While Nicole Boullainne was on the phone she saw GERARD J. BOULlJAINNE walk around the southwest corner of the house. Nicole Boullainne then heard the screen door to an enclosed porch open and closed. Nicole Boullainne looked into the enclosed porch and saw GERARD J. BOULlJAINNE trying to put the family dog into a dog pen. Nicole was on the phone with her mother at this time and believes that GERARD J.. BOULlJAINNE heard her'on the pht)ne because he exited the house, got into his car and left. I believe the above facts to be trUe and request that a warrant be issued for the arrest of GERARD J. BOULLAINNE, charging him with Indirect criminal contempt. _. Executed this 30th day of April 1996 {{!1:.~~4/I~~(~ Personally appeared before me on 19 the affiant above named, who, being duly sworn according to law, signed this affidavit rider in my presence and deposed and said that the facts set forth therein are trUe and correct to the best of the affiant's knowledge, information and belief. Issuing Authority (SEAL) D~~.... I .... ............. Page 9 of 17 717 564-0925-728 57Y iii. 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NICOLI BOULLAINNR, Plaintiff IN THR COURT OF COMMON PLBAS OF CUMBRRLAND COUNTY, PRNNSYLVANIA V. 95-6054 CIVIL TRRM GIRARD JOSBPH BOULLAINNR, Defendant CHARGR I INDIRRCf CRIMINAL CONTBMPT ( 1/ ORDRR OF COURT AND NOW, this ~ day of May, 1996, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THR ARRRST of the Defendant, GIRARD JOSBPH BOULLAINNR, If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court. If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the RUles of Criminal Procedure. Furthermore, after appearing before the District Justice the defendant is advised to appear before the Court Administrator at the open of the next business day. Defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, / / (J I . . ((-__ HAROLD E', SHERLJ P. J . Michael S. Schwoyer tAl"":', 1~_{f11""''''' ';f'/~L- Chief Deputy District Attorney GRRARD JOSEPH BOULLAINNR - dt' "7 J...., t.'-l sj/Il!~t._ NICOLB BOULLAINNB, plaintiff V. IN TIIB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA 95-6054 CIVIL TBRM GIRARD JOSBPII BOULLAINNB, Defendant CHARGB; INDIRBCT CRIMINAL CONTBMPT COMMONWEALTH'S PBTITION FOR A IlEARING ON CHARGBS OF INDIRBCT CRIMINAL CONTBMPT Michael S. Schwoyer, Chief Deputy District Attorney of CUmberland County, pennsylvania brings the following Petition for a hearing on charges of Indirect criminal Contempt; 1. A protection from Abuse Order was issued by the Court. A true and correct copy of the Order is attached. 2. The defendant's violation of this Order is averred in the attached criminal complaint. 3. The victim requests the filing of an Indirect Criminal Contempt charge upon information received. 4. The District Attorney's Office approves the filing of this private criminal complaint. S. The C011lll0nwealth is requesting a hearing on the charges of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113. 6. The plaintiff and the defendant may seek modification of the Order based on the filing of this petition as the Court deems appropriate following the trial in addition to any other sentence. 23 pa.C.S.A. 56117. WHBRBFORB, the C011lll0nwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. JOI;f7"ed' Mtch el S. S(~ Chie Deputy~ititrict Attorney 8. This Ordsr shall remain in effect for a period of one year or until modified or terminatsd by the Court after notice or hearing and may be oxtended 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 subject ths 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. 16114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 10. The Lower Allen Township Police Dspartments shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violoted, whether or not the violation is committed in the presence of a police officer. In the svent that an arrest is made under this section. the dsfendant shall be taken without unnecessary delay before the court thot issued the " HA Y 1 0 1996Jl^ .' NICOLE BOULLAINNE, Plaintiff IN TilE COURT OF COMMON PLEAS 01' CUMBERLAND COUN1'Y, PENNSYLVANIA V. 95-6054 CIVIJ, TERM GERARD JOSEPII BOULLAINNE, Defendant CIIARGI~: INDIRECl' CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this I{f'-t day of May, 1996, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant, GHRARD JOSHPH BOULLAINNE. If the defendant is found during normal Courthouse hours, the defendant is to be brought immediately before the Court, If not found during Courthouse hours, the defendant is to be taken to the on-call District Justice and bail set pursuant to the Rules of Criminal Procedure. Furthermore, after appearing before the District Justice the defendant is advised to appear before the Court Administrator at the open of the next business day. Defendant has a right to be represented by an attorney, If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial, By the Court, _. f:{RO{h~Lf J/ro't P.J, Michael S. Schwoyer Chief Deputy JHstrict 1\ttorney GERAJUJ JOSIWII BOULLAlNNI~ TRUE COPY FROM RECORD In T 1I:.,I,ryll';' ".",1"';< I f'f"'" ~i'I!1) ~I'( my hand all(! III;! t;ilt. c' ',,' ',,',',1 ," ';,~:li~k:, PJ. y~J..~.L';l ?!.~,- ~~J~ . I~Atfl I. . Cn'-1 . . Prothonotary NICOLE nOULLAINNU, Plaint! U IN '1111( COIllI'!, 01' COMMON I'J.UIIS 01' ('IIMlIIlIlIJlNII COIlN'J'Y, I'BNNSYINIINIII v, I !l!J-('(l!J4 CIVIl, 'I'JUlM GERARD ,1OSIlI'II IlOUl,I,A J NNIl, Defendant 1 ('IIA1/lIl': I 1 NllIIIIWI' ell I MINAI, CON'mMI'T COMMONWIffiWll~ILPlrI'lTH)N .I"l,lll ^ IlIVIIUWi !)tL.hHIWGHS QLUm 1I!H!:L.~/l! M J tm I, ..!:!IN'l'llMl''!' Michael S. Hchwoynr, Chlnl ll"IHlly 1l11l11"i1'1 IIU.onwy of cumberland County/ 11enllllylvnllin hrin!J1l the following Petition for a hearing on chargos of Indirect Cdminal Contempt I 1. A Protection from AlluDe Order wao issued by the Court. A true and correct copy of the Ordor ill attached. 2. The defendant'o violation of thin Order in averred in the attached cdminal complaint. 3, The vi cUm J'oquelltll tho f 11 i n9 of IIll Indi rect Criminal Contempt charge upon infOJ.ll.ltioll received, 4. The lliutrict All:ol'lleY'1I Ofl ice i1Plu'ovl:!a t1w fi11ng of thin private cdmillill complain\. , 5. '!'hl:! COIlDlIOllwoillt h III J'eCJIIl:!llti n!] il hearing on the chargea of Indirect CJ-imillRl COlltompt purnuallt to 23 I'n.C.S.II. 6li113. 6. 'l'he plailltHf and tho defendant may seek modification of the Order baaed on lhu 111 i IIg 01 thi II petition as the- C~l't deems appropriate following the tdal in addition to any other sentence. 23 I'n.C,/l.A. fibll", WIIRRHJ101m, the Conunollwoill th J'OCJllolltll the defendant be c01l111anded to npponr 1m' UI'U (hI! coul'l 011 the chargl:! of Indirect Cd mi l1a 1 COI1(l)mJll, IlfH(ll!ct lull yrbmi tled, ( ( ; ( ( ; I:. .. / XL") ;.(1,:>'....._. Mli'hi l!1 H,l. Iilt,hwo~or ('1 Ii 01 Iloputy Dirllricl IIttonwy DENISE BOULLAINNE, a guardian on behalf of: NICOLE BOULLAINNE, a minor Pleint iff CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6054 CIVIL TERM vs. GERARD BOULLAINNE, Defendant PROTECTION FROM ABUSE AND NOW, pnOJECT I o.tLQlllllil "'i,1 rtf- this,IV day of october, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, GERARD BOULLAINNE, SS:UNKNOWN and DOB:UNKNOWN, is enjoined from physically abusing the plaintiff, NICOLE BOULLAINE, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contoct with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordersd to refrain from harassing and . stalking ths plaintiff and from harassing the plaintiff's _. relatives. The defendant is prohibited from entering the 4. plaintiff's place of school, 5. The defendant is ordered to stay away from the plaintlff'fi residllnce located nt !l13 Upland street, Mecl1anlc.s!Jurg, cumbll,lnnd county, f'llnl1sylvaniu, G. lhf' dpfnndnnt I~', (Jfdnlf-,li to stay away from uny tllsldlll1Cll thl! plnlnt 111 may ill the lutun> llfitulJliHh lor ',,"slllt. 7. l1H~ coutt (.O!;t~; ilnd tl!fl!; url! wnlvpd. o. This Order sholl remain in effect for a period of one year or until modifiod or terminated by the Court after notice or heerlng and may be extended beyond its original expiration date if the Court finds that tho dofendant has committed another act of abuse or has engaged in 0 pattern or practice that indicates continued risk of harm to the plainliff. 9. 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; i i i) a charge of indi rect criminal contempt under 23 Pa.C.S. 10114, punishable by imprisonment up to six months Bnd a fine of .100.00-$1,000.00; and iv) civil contempt under 23 Po.C.S. 66114.1. Resumption of co-residence on the part of the plointiff and dofendant shall not nullify the prOVisions of tho court order. 10. The Lower Allen Township Police Departments shall be provided with a certified copy of this Order by the plaintiff's attorney and moy enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that Tliis Ordor has been violated, whether or not the violation is commilted In tho presonco of 0 police officer. In the event that an arro6t ;5 mode under this Gection, tho defendant shall be IOkl!n w1thout UI11111ces6ary delay before the court lhnl issued the .. order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. 6 6113). By the court, U (Ll L'\ r'~,l darold E. Sheely, PJ _.. ClllMlNAL COMPLAINl (I'OUCEI CL~}mIlT OISTIIICl JUSnCE MAGISltIMI.IJISlIlICl NO. til)-I"1I1 lllJu Carl I,;],> HII. Cnml' III J), I'A I7U)) A 39663 ':GI~till~UMjjtiCrnNO~~" om " -- --_.~--- -~"----'-_._~-----_._-_._--- I'tJm. l;n'illY Thumas ("'(1m,. I1J ADlul/l) lr Lower Allen TWIl. I'olice Je I (IJr"'I{l' ,/f'f'4",m,'''' III dJ:rnn r,pff'$rlltrfl nil (HI Wcal II/MU';,lllll') COMMONWEALTH OF PENNSYLVANIA \lIIIIJIl",n VS. !lAMI 'I:EIlAIW ,luSEl'1I llOULLAINNE AM I 5U llonney ~rook Rd., I,ut 50 AIJI1HI1"; Cllrl1s]e, PA ]7013 Ill. A \~-N/N/3u IJOIllll-27-59 to. A SSNH] 75-I,Il-41J77 10 hereby state: I) Iil 1 accuse Ihe above named derendanl, whn lives at Ihe addless sel lorlh above or, .., 0 I accuse an Individual whose name Is unknown to me bUI who is described as i 1 ~ o his nickname or popular designation is unknown to me and, lhererore, I have dCiignaled him herein 8& John Doe; with violating Ihe penal laws or the Commonwealth or I'ennsylvania al t113 '~ls J'prhRnirRhnrll PA 17055 (/ 1J(t, III... u 11'I'100) , Lower Allen TW\l. In Cumberland Countl' on or about 4-2tJ-Q(, Ii l7n~ hrR Participants were (if ,ht'" "'M' panic/pan/!, platt ,I,t" names hffl'. n'/It""11l1i ,hI' ""mrll! abm'f'Jl'[rI/Janl) GEltAltlJ JOSEI'll I\OULLAINN E 2) TIle acts commilled by Ihe accused were: 0 I1UllHECT CIUtllNAL CONTEtlPT In that the a~ove nlltncd defendant did Intenllonlllly Ilnd/or Knowinllly violate lln ordel" , #95- 6054, 11)1)5 civil term issued under the Protection Frol1l A~usc Act by the 1I0noro~le Judlle Kevin A. Hess on the Ilbove dote and lime. The dcfcndllnt did violllte said order in that he did 110 onto the property of the petHloller, ilicole Bou]]oinne at 1113 Upland St. and did enter the residence in nn Iltl.etnllt to hnve conlact lilt h Nlco]e Boullllillne, which Is III viol11- lion of said order. _. 111 or which were against Ihe flence nnd dignity or Ihe Conllnon\\'enlth of I'ennsylvunia IInd conlrary 10 the Acl or Assemhly, or In vlolatinn or~lI:ill'.I,',,~ifl~\;\' nnd ~.o.:;, or the Acl orl'l~lj..,,,~It\t'b'1!t~~~:,::;>"""Ii<1'I'':' (.")I't'''''') ~ Prolec J. a.C.Al> '23 PC' or the _X~,:\t~,!:'.~~i.1i~:i: O,dlnllnce nr ~JN/lI.;'1: ':I.y,.,i'!1j;...".~,;. ,:.,~;,81!"'"llIr1~';\, I o. .~.) ("dll/..,I,\llb.tI/l/""II) I ask lhnt u wanunl of.nuest ~n(' (t'o hUII11110lUi he i~MICd UI\l1 1hill the UlTUM,'lt he ICtluitell to ullswer Ihe l"hlll1!CS I hllve mllde (4) I verify 111111 I lit' IJlrl~ M't f0111l ill Ih,,,, rUIllf1ll1illl till' trill' 1I11tl nlllt'd III till' hl'st III my ~lIo"dl'llt~l' 01 illfull11iltloll and helicl lhu. \'l'lIflt',t1ll1l1 i!o. lIIiHtc hllhj(~rt 10 till' pl'n;111H'~ III St'tlHIIl .'110.1 or thl' CIlI1H~!oo ('tule (It< Pil. (' S ~ 41}(14) II'lallllll 1111I11!->WIIIII fllh.llwalilllllll i1t1111111111t'~ ^I" II Iii , 19 '1h ..(;' ,/ ,I, ' ~IJ.' , I ~/."'.# , .,' ,....',...........: .,'" 1,- .L.. ,I.., ,.' ..~..., ;-( '\..~. "':.I ... .' j '.ljl,l!i",tlll"I11/,!,j//I,HlII AND NO\", 01,1111" 11:111' , III ,llt'llIl~ 1111' 1'11111 pI.li III lIil'-, 11I'l'lIl'ltIl't'lly rlllllllkh'd i1111t verified. 111111 thilt IlIl'lt' I~ 11Illhahk lilU<',' till 1~"lIalln' tll IIIIlU....... ISI AI 1"';/,1'" Ijdl /I"//j, II j I. "j" ~1,11"",,, J AFFIDAVIT RIDER cONTAINING PROBABLE CAUSE FOR 'l'IlE ISSUANCE OF A WARRANT OF ARREST FORIGERARD JOSEPH BOULLAINNE W-N/M/36, DOI.llB-27-59, 88NI175-48-4977, 50 Ilonneybrook nd., Lot 50, Cal-lisle, I'A 17013 on, 4-29-96 at 1709 hrs, cplo IHlliamson, OHicm" McNair and 1, Officer Gregory Thomas, responded to 813 Upland st., Mechanicsbul"g, I'A for an active violation of a Protection From AbUse order. 1'he caller was to bo an eleven year old girl who's father was trying to entor her residence. There was an active PFA against tho father ordering him to halle no contact with the daughter. The daughter was home alono at the time. When we arrived at the residence the father W,j(; 1J0no. 'l'he child, Nicole Boullainne and her mother, Donise lloullainnr were wa i ting outside. Cplo Williamson talked with Denise lloullainne who provided Cpl. Williamson with the protection From Abuse Or-der- signed by the Honorable Judge Kevin A. lIess. This PFA orders the father, GEHARD JOSEPII 1l0ULLAItlNE to stay away from 813 Upland 8t., Mechanicsburg, PA. GERARD J. BOULLAINNL is to refrain from having any direct or indirect contact with Nicolu Iloullainne. I spoke with Nicole Boullainne who told me 'hat while she was watching television on 4-29-96 at about 1700 hours she heard a banging noise outside the house. Nicole looked out the window to the front of the house and saw her father, GERARD J. BOULLAINNE going through a utility trailer parked in front of the house. Nicole then went and got the telephone and called a friend of the family and then her mother, who was at work. Denise Boullainne told Nicole Boullainne to call the police. While Nicole Boullainne was on the phone she saw GERARD J. BOULLAINNE walk around the southwest corner of the house. Nicole Boullainne then heard the screen door to an enclosed porch open and closed. Nicole Boullainne looked into the enclosed porch and saw GERARD J. BOULLAINNE trying to put the family dog into a dog pen. Nicole was on the phone with her mother at this time and believes that GERARD J. BOULLAINNE heard her on the phone because he exited the huuse, got into his car and left. I believe the above facts to be tr-Ue and request that a warrant be issued for the arrest of GERARD J. 1l0Ul,LAINNE, Charging him with Indirect Criminal contempt. -, Executed this 301 II day of ^I'r 11 19 ')6 tdI<fR~~ ~~?;,~ Aff iant ~7 Personally appoal'od b"folOO IllIJ 011 19 tho nffinllt nbovo named, who, being duly swonl i1cconlln'J t.o ItlW, rdlJned thiu aft idnvlt: drier in my In-eaonco and deposod nnd n,dll thilt. tll" '"I'I:1l But fOl'th t:I111I'.dn a..., trill! nnd con'oct to tho bOllt of till' all jilllt.'n l:nllwll'llq", ill'Unll<lt IlIn illHI 1>,,11,,1. 1811\1 i ng All thod t Y (:;I:^I.) AFFIDAVIT RIDER CONTAINING PROBABLE CAUSE FOR THE XSSUANCE OF A WARRANT OF ARREST FORIGERARD JOSEPH BOULLAINNE W-N/M/36, DOBIB-27-59, SSNI175-4B-4977, 50 Bonneybrook Rd., Lot 50/ Carlisle, PA 17013 On 4-29-116 at 1709 hrs, Cpl. Williamson, Officer McNair and I, Officer Gregory Thomas, responded to B13 Upland st., Mechanicsburg, PA for an active violation of a proteotion From Abuee order. The caller was to be an eleven year old girl who's father was trying to enter her residence. There was an active PFA againet the father ordering him to have no contact with the daughter. The daughter was home alone at the time. When we arrivsd at the residence the father was gone. The chiId, Nicole Boullainne and her mother, Denise Boullainne were waiting outside. Cpl. williamson talked with Denise Boullainne who provided cpl. Williamson with the Protection From Abuse Order signed by the Honorable Judge Kevin A. Hess. This PFA orders the father, GERARD JOSEPH BOULLAINNE to stay away from B13 Upland st. / Mechanicsburg / PA, GERARD J. BOULLAINNE is to refrain from having any direct or indirect contact with Nicole Boullainne. I spoke with Nicole Boullainne who told me that while she was watching television on 4-29-96 at about 1700 hours she heard a banging noise outeide ths house. Nicole looked out the window to the frcnt of the house and saw her father, GERARD J. BOULLAINNE going through a utility trailer parked in front of ths house. Nicole then went and got the telephone and called a friend of the family and then her mother, who was at work. Denise Boullainne told Nicole Boullainne to call the Police. While Nicole Boullainne was on the phone she saw GERARD J. BOULLAINNE walk around the southwest corner of the house. Nicole Boullainne then heard the screen dcor to an enclosed porch opsn and closed. Nicole Boullainne looked into the enclosed porch and saw GERARD J. BOULLAINNE trying to put the family dog into a dog pen. Nicole was on the phone with her mother at this time and believes that GERARD J. BOULLAINNE heard her on the phone because he exited the house, got into his car and left. I believe the above facts to be true and request that a warrant be issued for the arrest of GERARD J. BOULLAINNE, charging him with Indirect criminal contempt. Executed this 30th day of April 1996 ~~/~/U:=/~kt_ Personally appeared before me on 19 the affiant above named, who, being duly sworn according to law, eigned this affidavit rider in my presence and deposed and said that the facts set forth therein are true and correct to the best of the affiant's knowledge, information and belief. Issuing Authority (SEAL) CXJt.DMIW]n I CF I'ENNlI. IN mE mJlfl' 01' L'CMM:lN I'U,^,'l VS GEIW.D J. OOJLIJ\INNE '-'1MBF../UlIND mJN'I'Y, PENNlI. 95-6054 ./ I, David C. Zeigler, Deputy Sheriff bein'j duly IMJrn by low says: that on M:ly 28, 1996 the above nanlJd defcrrlont was arrestlXl in the CUnbcrlond County Court House by Deputy Gessert on this Berch I~an'ont. ~'1O defendant was held in UlC Sheriff's Dept. lockuD waiting furUler action of UJe court. SIJeriff's Costs: $0.00 So l\nBwers: CAIH OR NOMINAL BAll BOND CE"T1FICAT10N OF BAIL AND DIBCHARGE 10TN Gerard Boullainne 50 llonnybrook Road Lot H50 Carlisle, Pa.~ 17013 II ROR (no IUletvl 1'1 NUl1linal amI o BolIUalol OO1oonl 801, If ""yl $ o Condilklol 01 R~;e ta~;-I;;;;l- al~)(Ia~~lO al "rolPl Whfltll~qllllflill BltURlIV on &UnE.IV Ur-ANYI--.----- o Cuh In fuII80100nl of ball o Pon:entag8 callh ball o Money fu",Iohed by o Delendant o 3rd Potty _ ~f1tli1CJ! .~?t.~,~~!!~~~~~~n.!!! ld E. 6hee-1Y__~~___~ APPEARANCE OR BAIL BOND 1ltI1 IONIlII YAUD FOR T1iE ENTIRE PROCEEDINGS AND UNTil FUU. AND FINAL DflPOBIT10N OF T1iE CASE INCLUDING FINAL DlBl'OIlTlON OF ANY PETITION FOR WRIT OF CERTIORARI OR A,,"Al TIMELY FILED IN THE SUPREME COURT OF THE UNITED "ATlI. 111\ ~ I i "",1 tj' f Il,tjll 11.IIW,AI.';,l 95-6054 Civil Tenn I iI1Mllili',) DAII III 111"lUi115l IJAII AM) IIMI NExt COUll' AClltJN I"''''";co~~troan fit 1.' Cum. Co. Courthouse 11011.., 7/5/96- 9100 A.M. lC) O{JIltlhmhollCl1lllttl 11"~ll'hV em hly lhill tiUlllUmlllilll hil~ htlf'!lI~IlIHU!d IX1 By Iht~ dl'll!ndillll r J Oil hHhllll 01 th.. I.kllt'lllianlllV 1~,"""Ao~I"...,,,1 S,"f"t' I/<<'rI'1NNtlJ . Uehmd of C:iUih h.ld wIll Ill! Illwlu within 20 days aller linnl dl!;po6Ition \P., no P"O 15tIJll . Itutund 01 all ulh{ll typos ollmil will U~ lllmk! promptly Olll" ~O Ilays lolk)WlIty IInlll dlblX,&ihOIl tPall orAD' S(all . BIIIl{} Gush Bnll npcP~11 to Clor~ 01 Cowl IISCIIARGl Hll ABOVl NAMlO OUlNOANl fHOM CUSHIllY If lllAlNlll Ill\ NO Illfll R CAIlSl WAN Hil ABlM StAHO (11....1'11 undt" Illy hand iIl'llt lilt! 01hnill St-111 011hl9 \'011" 1I11!> 28th ~~~ day ul M1!Y ., 19?~. , . L~7}~, . d ...~ .11 c,~,' ," b-~"'''{J AurtJ'."jl ....ISEAL) WI, 1lfE UNDERSIGNED, defendant Iud lurety, our luceo..",., heifl and RIIIUnl, ou, jointly and ......rally hound to flay to the Commonwoolth 01 Ponn,vlvonls ths 'UIll 01 R 0 R . dollnll II R 0 R I. BEE REVERSE SIDE fOR BAIL CONDITIONS TO BE USED ONLY FOR PERCENTAGE CASH BAil: The undersigl1L~ aboul to hecorHfJ 6wl'ly lllth... em... nh'd htWIIl b"IlKI dllly bwrllll (01 Il11Ullll'dl lll'IHlbl'S iIl)!l hil)''; I ACKNOWLEDGE THAT I AM LEGALLV RESPONSIBLE FOil mE FULL AM9UNT Of JJif IjI\IL ,., nK) IoIIowII'f} ac#lluJWlodl1omfltl/l:J illso '11"'1(,011111' ... 4 ';t.' rY} 11,7 " I\NCetltlJgtJ e'lsh BilIl IS 11S(l(/ X -'../ ~ ~ ~- ___ r-r...{J..'.. r""! t' ~ 1,'...'111"111'f1,! TIllS nONO 51(]NLO UN May 26 '" 96 BL Carlisle 1'1 WN{IVAllIA ,. I nt8do of find my occupation is ___ __ 2 I havo no undllilJO!iHd uf t:Illl1jllall.il!H~~ illlaHl"'! 111i: !iPlldilllj In the Cuwls ullho ulnHls;lId Cowll.,.. PHI'pl ilS !oUuW& Btgnnd Ilnet nckl1lJwlmtumt hf'lo/l! Illll Hllli .l8th. .~. (~,y 01 May I!I 96 r+ a ' _.~--rL'" c. )1k,<<'LY . ~ Il.h~ nl r.~,r .. /Mi:ulnij A"l"'",'~ I [)ply 1'lT1thonolary AO.I(.;41:1-81 lilY Ilhnrw IlIJlllb(!1 i!; Willi Wolk 1111 '\ 1 ill I I Hnt ~lIUI'I, lltl'l11Y boud III ill", ~l!ld f,lIct'plllft ItllloW!; j_/,]I hl,l,,'lt,1 III II I;l'.-,'j\ " I h,l\,11' 1,1l1'I111l)' Wold \III' l'lll'qqUllj ,111,1101\111 ilnd ~1\l)W 11 16 hili' "nd 111111'( 1 '.-~- ISI All ,m~AII ~ilt"IiI'IIW HI S,JI"'~ (M"y tlfl 1~",tiSIJ"'ltI. fhl AYOflCY, 01 IlrIw,lI0 InI"~'f(flJ,11 01 tjl!1olllll,'lIulIl} f 1I-1~" .,,\-111'11 1I010mlallt IS wltm!ied C)'J tlfS lIWII wnllJfIl 11'11' (HOIfJ. 1/11'> HlU" tH, M'I'lutl III all billl 61'unt/(lI'lf>, ,nl/lJd"ljl fUllllllliff hilll ,... 'I '.. /,! f '\/'-\"'"'iI,J/. ",-/)-"\./" I :'i_~"~ ;.hl:111 ',I, 1111;\!I4 h l;/'fllll ",~.l'I{AI.-. r.f11>1 ri M,,ltlf . "'J',-) I I " I \ '" " . ;.. IJ ~ ~ .f 01...., ' ::"01111<' ,."n"~'''U~11 "'NkI'". I~"';'~" M' "'lj..itlulll'I/1' ORIOINAl CIlIMINA\. COM!'I AINl (I>OllCE I eOMPlA~f NUW~R ~ -Tun ~H~ TYH ._-~~~- el)llII,l"lnt Nultllllllllll Dlhu' l'l1llic.IIUl1lt& CIMILlf1' DISTRICT JUSlICl MAGISTERIAL DISTRICT NO 1111-1-111 IIlJIl Cui'll" I I' 1111. CUIllI' 11111, l'A 171111 II l'lhl)j INCIDENt NUMBEn lueR NO, lOtH I. l)!l!,!~lill'buu.Th~l,II,lH ~ ~-~." , "II/II II' ~"llllIf J COMMONWEALTH OF PENNSYLVANIA 1J111tIIW~1 VS. "AMI rtJ\\KAIlU ,JU~EPII IlUUI.).AINNE ANIJ 5U llonncy urook lld., Lol 50 AIJIlIlI !,'; CurliHle, PA 17013 "I' LUIIl!I-i\,Ll!' I I :~\Il"~!'!'! ~~g J)~I!L, .,. - ~ -~,., ,Mill/III .lfflil/III/IIl' .1' '1~1-1'11 h'I'II'I""lnl.'II,1 "of 01<.1/ ,,!ill/nlllnll I It ~; ^ A' A W-N/I'I/31J llUllI l:l-27-5lJ SSN# 175-4B-4977 dl1 hcn'h) ,Iulc, (I) [X] 11Il.:'U~C Ihe uhm-c nillllcd lh.'fclIllnnl. \\ho IiH'i1 Itl thl' illhlll'" !.cl 101111 .lhllH' 01. _ 0 I un'u~c 1111 inJi\illuul \\h\1I)C lIUltlC j, UI1~IHmn t" lilt.' hili \\ho i!rllk...nI11l'd ii' . ! 1 ! o hi!. nil'~ni.tI1H~ 01- I'llplllal" 1II'\I)'l1allllll j, UI1~lhl\\1l Itl nil' illld, Ih\.'ll'hlll', I hil\l' lll'\Il!I1i1h,'d him hrrcm ii' Jtlhn Uoc: \\ilh liolulill~ Ihc 1'l'1I" I 1,,\\, "I Ihl' (',,,"I"1I\lIl',,lIh "tl'l'III1'lllillll" "I uLJ U1JIUlllL:'L~ljCl:.1UlUiulbuqh---- eA 17l))J /I'{./" {','(III' ,/1 \l/l"/II/I/""J Luwer AJlelil'1lil~= ~,~d III CUlllhl'I!l!!1l1 (""111) "" '" "h"ul 4-.L~-'J1I ~i7IJS:hr~~~==:==:= .11uticiplInls \\l"'C I It IIII'll lId" ,1,//1), '1',11I1\ /'/"" 111,'11/1,/1/11'\ I1lh /.f" oI/illl! II;, 1/,"111 ,,/ ,dh'l. ,I, il,lt/ollO I 1;l'.I:^HIJ .JllSLI'i1 IIOlJLL^J :ii. I', (2) Thc lid, cOIllIllIIIl'<I h) Ihc acc'i'l'<I IIl'Il' , 0 IIWIHI.CT CHII'III'^" COiITb-1l'l In lhal Ihl! ulJuVl' IIUllle,1 tlell'IIt1UIII llltl 11l1l'ullollnl ly nutl/ol KlIlllllllflly vluJnfe /lll Ol'llel. 1.'\)5- IJ054 , 11)1)5 civil 11'1'111 IHHlwtlullllel Ihl' I'Iotl'lllllll 1:10111 ^IHWl' kl \Jy till! IIlIlIllruldl! JUllfle Kevill A. 1Il!"H UII IIIl' o\Jove tlnll! /llltl lilliI'. lh" dl'l"lIdl1l1l did vlolllte /lulll oldel 111 lllUl he llid llU olllo Ihe plojlerlY 01 llll' 1",11Ilollel. ,ilu!ll! l\ou1lull1l1e III HD lJldlllld Sl. ulld did l!lIll!l' lhl! I'cllidclICl' III 1111 ullcIIII,1 10 huvl! lOlllocl \lllh Nicole lluullullllll!, \lhlch IH ill violu- lion uf Huld ordcI. 1111 01 whid! wcrc 1I@lIill'l Ihc I'calc alld di@lIifl or Ihc ('olllllloll\\cuhh "t I'clIlI,)III1I1I11 IIl1ll l',,,"m\) II' lhc Acl "I' A"Clllhl)', or in viollllhln or JU13. nn<l. __ "I' Ihc ""I ot .1'H..t8-4l-V4o1A~4l>tl--lIf-Order 1.\1'IIlH" J '\/j)/' II" I/,m J I' i I AI. Tl I) " , fulcct un () uUliU ,.... n.l..tl.) or fhc Onlinancl' "I _0_.____., ~_.".---.i7C7;i;:;// ,,;-,-;"l/;';;-,7,';;;J^' _._..--,-~-~- -~._-- ' (.1) I usk Ihul U \\lIllnnl \If unut or It ,UlllIlHUl\ Ill' 1\\IIl'd ,\I HI lhill till' lI"'l'II'"'tl Ill' Il'q\llll'tl Itl illl\Wl'r Ih~ dHlrpcs I hll"c tlllIdc (4) I \-clil)' thlll lhl' IUl'h 'l'l hlllh III Ihi\ l"Ill111'Ialll1 ,Ill' hill' illlll rtllll'rl III I Ill' h\'\1 01 111) ~lItl\\h.'tl~l' 1\1 Il1liHll\alil11\ 11I1L1 hclie!. "his \l'lIl1ralltlll i!l. Illildc 'HIlled Itl thl' 1\\.'l1allll'" III Sl'llltll\ 41Jll.l tll till' ('IIIIIC'" ('UtI\' IIH Pil, (0. S ~ 491141 tCllllill@ ItllIll'Wtlllllul,IIIl'IlIl"" Itl illlll","II,', ApI' I I )lJ 1'19h ! " #.. /. '/p :r', 'jh'""""'-< L. ............,...;.J ".~L....h... .....~i,!:l .~ji.--.!".... .. / '1~!I'lIl1h III ( "lIIf'/,III/,/lIII ANI! NOW, 1111 Ihl\ ,Iilll' . 1'1 , I "","1) 1I1l' ""'lIl'lililll IiiI' hl'l'lI 1""I'l'II) l'IIt11l'kll'<I illlll \criflclJ. Ilnll lhnl Ihl'll' i\ plOhilhk tilU",,' Itll 1..\lIillll'l' tll pIi1tl'" ISI All ~;~7:dTi;;N;'1 j- f ,."t/lll' 11111,,'111, / /I.III'L "II-HI> .nl'lIJUJd_~J'R08AT I OJt,~.lYJ'-"RV.l1Q8 Job Raquire.ant. of . Juyenile fIob.tion~YP!~Y~1 supervise and evaluate the performance of assigned staff consult with appropriate personnel on matters relating to Juvenile Court dispositions ensure completion and appropriateness of treatment plans review and allocate all work assignmenls conduct meetings with assigned staff on a regular basis provide on-going case load supervision and assistance review work schedules of subordinates advise assigned staff on appropriate dispositional alternatives and rscommendations recommend promotions and disciplinary actions communicate and ensure compliance wlLh departmental rules, regulations, and polices direct the development and maintenance of records and reports review case loads to ensure compliance with departmental policies, and recommend courses of action review and approve all written work of eubordinates assign caseloads to subordinato staff supervise the Schaffner Youth Development Center's process to onsure that juveniles are detained in compliance with Juvenile Court Judgee' Commission standards Approve all institutiona 1 pi acement t ecommendations before presenting to the Court continuouely monitor all inatilutional placements for fiscal purposes to ensure that placement expenditures are kept to a minimum 1I0rks closely with Children & Youth Director in preparing annuai needa baaed budgot plen Btanda in for the chille I'robaLion ocr lenr In hie absence " i ~;' I. .' ,') \".l. _. __"")~ .,11" .\ 7> ' ,. "1~-1 i\i!,~ "\i~ , ...." CUMlllnt M'JI)UJlIfJlY 1'1 tJlJ:,YI VMJI^ PROBATION AND PAROLE OFFICE I COURTHOUSE SQUARE PO BOX 692 CARLISLE, PA 17013 June 5, 1996 Nancy Desch, Chairperson Cumberland County CommisBioners 1 Courthouse Square, 2nd Floor Carlisle, PA 17013 Dear Mrs. Desch: Since our October 25, 1995 meeting with all three Commissioners over seven months have passed. We did havs the opportunity to meet with Mr. Ward and Mr. Hartnett to work on ths issue of "career ladder development" in the Probation Office. Our original intention in making our presentation in October was to open the door for a dialogue with you and the other Commissioners on the topic of ProfesBionalism in the Probation Office. We had hoped to exchange information on how we do our job and why we are able to operate our office with about one-half the staff size of other off ices in our adjoining counties when compared based on population rate and crime rate. We had anticipated a follow-up meeting as Mr. Keller had indicated after meeting with Mr. Ward and Mr. Hartnett. On May 20, 1996, I forwarded a request on behalf of the line probation officers for us to meet with you as chairperBon of the Commissioners, but I did not receive a response. I am renewing our request to meet with you at a date, time and place convenient for you. I feel our interest in good cost effective government has been demonstrated in the past and we cc..ntinue to strivo tOllllrd thflt common gonl but your p3rticipntion in this dialogue Is crucial. I would appreciate your written response with the date and time for the meeting, or in the event you elect not to honor this request, please acknowledge that in writing so that I can Bhare it with the rest of the staff. Respectfully, Ji.tl.,t I/Jl(/t'u- IIJL. David L. Myers Probation/Parole Officer II DLM/fr Telophono Adult Plobalior1 CUIls/FinBl Toll !'tee Shlppon.blltg (7171240,0266 (7171240,0275 1717) 5l2, nOD rAX. 240 MOO leluphtlllO Juvonile Probation nUl PlOg,atn. lull f'llIt WOlt Shmo (717) 240,0206 (117) 240,0200 (717) 607-0371 8. This Order shall remain in effect for a period of one year or until modified or terminated by the Court after notice or hearing and may be extended beyond its original expiration date if the Court finds that the defendent 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 Ordsr may subject the defendant to: i) arrest undsr 23 Pa.C.5. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; Iii) a charge of indirect criminal contempt undsr 23 Pa.C.S. 66114, punishable by imprisonment up to six months and a fine of '100.00-'1,000.00: and Iv) ciyil contempt undsr 23 Pa.C.5. 66114.1. Resumption of co-residence on the part of ths plaintiff and defendant shall not nullify the provisions of the court order. 10. The Lower Allen Township Police Departments shall be proYided with a certified copy of this Order by the plaintiff's attornsy and may enforce this Order by arrest for indirect criminal contempt without werrant upon probable cause that this Order has been violated, whether or not the violation is committed in the prusence of a police officer. In the event that an arrest is made undor this section, tho defendant shall be taken without unnecessary delay before the court that issued the DENISE BOULLAINNE, e guardian on behalf of: NICOLE BOULLAINNE, a minor Plaintiff ys. GERARD BOULLAINNE, Dsfendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6054 CIVIL TERM PROTECTION FROM ABUSE Th is Agreement is ~liJ;HI, ~A..llliEEMfHT '1U tli entered on this _25-L"" day of October, 1995, by the plaintiff's guardian, DENISE BOULLAINNE, and the defsndant, GERARD DOULLAINNE. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresentsd but is aware of his right to haye en attorney. Ths partis8 agree that the following may be entered as an Order of Court. 1. The defendant, GERARD BOULLAINNE, agrees to refrain from abusing the plaintiff, NICOLE BOULLAINNE, or placing her in fear of abuse. 2. The defendent agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's place of school. 5. The defendant agrees to stay away from the plaintiff's residence located at B13 Upland Street, Mechanicsburg, cumberland County, Pennsylvanie. 6. The defendant agrees to stay away from any rssidence the plaintiff may in ths future establish for herself. 7. The defendant, although entering into this Agreement, does not admit the allegations made in the Potition. 8. The dsfendant understands that the Protection Order entsred in this matter shall be in effect for a period of one ysar or until modified or terminated by the Court after notice or hearing and can be extended beyond that time if the Court finds that the dsfendant has committed another act of abuse or has sngaged in a pattern or practics that indicates continued risk of harm to the plaintiff. 9. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this cass. WHEREFORE. the parties request that a Protection Order bs entersd to reflect the above terms. /,/- \ 'I?/;i ,f:;{~'~l-:~i-~~~~~:~'~~~~n~-- 0..uL.u.Lf.3-udLG~L~:!~n__- Denise Boullainne, Plaintiff's guardian v " ~~~f!t::;t-t~ i f~~--~-- .~,- LEGAL 8ERVICE8, INC. a IrYine Row Carlisle, PA 17013 (717) 243-9400 R 1I10MAS KLINE Shetlll ~\~ 0\ GlUnt',,., t,O . ~~ ~ J~:;2~~,. .[(1. f':'"" , , , I,.. AUDREY 0, ADAMS Ro.1 EBI.I. Deputy 110NNY It ANDERSON Chlol Doputy HORACE A JOHNSON Solicitor OFFICE OF THE SHERIFF Court Houso Carlisle, Pennsylvania 17013 Augusl I. 1996 c' , t.n .j t !~ '. , .n ','. ':'-3 , ',.... :q ,.... " XII ~.... '. Mr Lawrence Welker Cumberland Co, Prolhonotary Carlisle, Pa. t'; ~_: . 1-: I ~. - ,j I , , (") RE: CIVIL SUBPOENAS 1. 96.0994 Civil IUchard W, Scoll Jr. 10.24 2. 96-2934 Civil Frederick Durnin 3.20 3, 96-3415 Civil 4, ,/9s-n14 Civil (.,"'1 Ronald Moore 3.20 Gerard Boullainne 9.60 Tolal $26.24 So answers: ' :;-j/ ~ ~1:fI(:,<~"L /g:.;J It. Thomas Kline. Sheriff t': ~ ~ DINISI BOULLAINNE, a guardian on behalf of NICOLI BOULLAINNE, a minor Plaintiff IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PINNSYLVANIA V. PROTECTION FROM ABUSI GIRARD BOULLAINNE, Defendant 95-6054 CIVIL TERM IN RI: INDIRECT CRIMINAL CONTEMPT BEFORE SHEELY. P.J. MEMORANDUM OPINION AND ORDER OF COURT AND NOW, this 2nd day of August, 1996, a hearing wa. held today on an allegation of Q violation of a protection from abu.e order previously issued by the Court. The allegation wa. that the Defendant, Gerard Boullainne, wa. on tha premi.e. occupied by Nicole Boullainne, in violation of paragraph 5 of the order, on April 29th, 1996, at 5:00 p.m. Thi. il a reque.t for a finding of indirect criminal contempt, and, therefore, the finding mUlt be .upported by evidence beyond a rea.onable doubt. Nicole is a young lady of about 11 year. old, and the Defendant had previously entered a plea of nolo contendere to an indecent assault charge involving Nicole and had been .entenced to 30 days in the Cumberland County prilon, and I believe that's what lead to the initial agreement of entering into thi. protection from abuse order. At the alleged time and place Nicol. wa. at her home. No other adulte were present. Nicole teltified that initially Ihe saw a person on the premises who she thought looked like her father, and I believe according to her teltimony her first call was made to her godmother, and that'. what she told her, she thought that it was her father, and she never positively said that it was. A subsequent call was made to her ~ mother, and I believe in the conversation with her mothar .he did .ay that, in fact, the person present was her fathar. There was testimony presented on behalf of the defen.e, fir.t by the defendant's father, who indicated that h. wa. at the premises of his son on the date in que.tion, but during the relevant times he was not present, and he would hev., obviou.ly, no way of knowing what his son was doing about 5100 in the afternoon. The Defendant himself testified that he had worked the night before, and in the day in que.tion hi. dad came over in the morning, and in the afternoon he went to .leep and did not wake up until about 7:00 p.m. that date. Obviou.ly, if hi. te.timony i. true he could not have been pre.ent at hi. daughter'. re.idence. He aleo called his girlfriend or a friend who live. with him and has been living with him I believa .he .aid .ince March. She indicated that on the date in que.tion that .he wa. home all day until about 3100 in the afternoon when .he went to pick up her daughter. She got home around 4:30, and when ehe got home thet dete the Defendant was still asleep, but ehe called him I believe around 6130 to indicate that supper wa. ready, and he got up around 7100 p.m. that evening. Accepting her teetimony obviouely the Defendant could not have been at the reeidence where hie daughter lived at about 5100 on that date. Obviously this is a case revolving around the oredibility of witnesses, and in my judgement I would think that the daughter, even though she did not say initially that it was her father, that she oertainly would know who he wae, and that her .ubeequent testimony that it was her dad is truthful and G. ~. <'I .~ .. ,,' hj\:' r~ \ ..-t; f~' -, --.. ~I : !' Ll.. ,'. ~( .~ ~ j " ."1" 'j',) r ,. II,' t': ) .11 \I' >ia .., ,u; b '. \I) ,.j c.. U