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HomeMy WebLinkAbout96-00777 to of .Y ' f0j7 O i 7 1 I I [ 4 I ? 1 I rl 1 `?, 1 1 1 I,. 1 ; 111 I l i I I 1 I, I 1 ?I ?1 I I 1 I 'I i I 1 ?I!_1 1 it .. .3 r r r .9 j 6 O BONNIE ANN TONER t IN'ftlli C'OUIt'l• OI' c'OMMON 1111AS OF PLAINTIFF t CUMBERLAND COUNTY, PENNSYLVANIA V, t MA'[THEW SCOTT UOUGHTER, SR, t 90771 CIVIL ACTION LAW DEFENDANT t t IN CUSTODY ORDER Oh ('UUM AND NOW, this 2sth _ day of ___,. January,..... 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear belbrc,Dawn S. uiaiy, Esq, _, the conciliator, at 39 West Main Street, Meehanicshurg, PA 17055. on the 20th day of February.., 200 L at 9t3U a,nr. for u Pre-1 [caring Custody Conference. At such conference, Lilt eflurt will be muds to resolve the issues in dispute; or if this cannot be accomplished, a) define and narrow the issues to be heard by the court, and to enter into it temporary order. All children age live or older may also be present at the conference. Fuilure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TI IF CMlit'I, Ily, /s/ __.___j1A11/IL$-?11111jQ)+?f1?.1 - Custody Conciliator 'rhe Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonuble accommodations available to disubled individuals having business before the court, please contact our office. All urrungements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled cortcrence or hearing. YOU SIIOIILI)'I'AKI['I'lllS PAPI.R'IO YOIIR A'1'I'ORNifY A'I' ON('I?. IF YOU DO NOT HAVE AN A'rl'ORNEY OR CANNOT' AFI FIORD ONE, (iU'I'O OR'I'IiLI:PILON , I'lil? OFFICE SE I' FOR'I'11 BELOW TO FIND OUTWHERE YOU ('AN GVI LEGAL HELP. C'umberlund (',)Only liar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 'Iolephone (717) 249-3160 I I l" ! 1 1 1 `'i ? 1 1' I 'II ? I o? ?I ' La a ' 1 ' I a a, 0 0 O?< I I O ? O ?da•? Fc? ", ?Oa z CJ? C1 I . I I I I I I tl I I i 1 ,I 1 1 ' I I I I BONNIE ANN TONER, Petitioner vs, , MATTHEW SCOTT BOUGHTER, SR., Respondent IN THE. COURT OF COMMON PLI AS OF CUMBERLAND COUNTY, PIiNNSYLVANIA NO. 90-777 CIVIL AC'T'ION - CUSTODY ORDER OF COURT You, Matthew Scott Boughter, Sr., have been sued in court to obtain custody,, partial custody or visitation of the child, Matthew Scull 130ughtcr, Jr., You are ordered to appear in person at __ , oil. 2001, at m., for a conference. If you tail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you. YOU SHOULD TAKE TIIIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYI?R OR CANNOT AFFORD ONI'., GO TO OR TELEPHON1: T'H1; OFFICE SET FORTH BELOW TO FIND Oll•1• WIIT?RE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIA'T'ION 2 LIBERTY AVENUE CARLISLE. PA 17013 (717) 249-3106 1-800-990-9105 BY THE COURT,- Dated: HONNIE ANN 'L'ONER, Petitioner LN nir, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 96.777 ; MA'L" I tom SCOTT BOUGH'1'ER, SW, Respondent CIVIL ACTION - CUS'T'ODY PETITION TO MODIFY CUSTODY To the Honorable Judges of said Court: Petitioner, Bonnie Ann "Toner, by her attorney, Jerry A, Philpott, Esquire, flies this petition and respectfully represents the following: Petitioner is Bonnie Ann'roner, who resides at 42 Stephen Road, Apt. F3, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Matthew Scott Boughter, Sr„ who resides at 3736 Rutherford Street, Harrisburg, Dauphin County, Pennsylvania. 3. On December 13, 1999, the Honorable lidgar B. Bayley entered a custody order, a copy of which is attached as Exhibit A, adopting a conciliation report granting petitioner mother primary custody with alternating weekends, certain holidays, and one mid-week day of partial custody in respondent. On September 28, 2000, the honorable Edgar B. Bayley entered a new custody order by agreement, a copy of which is attached as Exhibit B, granting respondent every weekend and the whole month of January in addition. 'rhe September 28 order, however, reverted to the December 13 order by its terms unless the parties agreed to continue the September 28 terms at the end of January 2001. Petitioner will not agree to continue the higher frequency of partial custody in respondent under the September 28 order. I ' 4. Since the entry of Exhibit B, the following substantial circumstances and facts have changed, giving rise to this petition: the child's schoolwork has suffered and he behaves badly following the Tuesday night "overnight" with his father. 5. As it result of the foregoing, the existing provisions regarding custody are no longer in the best interest and welfare of the child. 6. The best interests and welfare of the child will be promoted by it modification of the present visitation schedule for the above reasons. WHEREFORE, your petitioner respectfully prays that this Honorable Court modify the visitation schedule as follows: to delete the Tuesday nigh artial c stody period. Dated: January 8, 2001 Attorney for -titioi Exhibits A Custody order of Decemb/9 B Custody order of September 28, 2000 I verify that the statements made In this Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penultics of 18 Pa, C, S, $4904 relating to unsworn fulsificution to authorities, 12191212, 0 /I, Bonnie Ann Toner Petitioner i, I ! I I, 1 l 9 i I I I 1 1 I ; 1 Ij 1j I i I 1 1 1 ' 1 ' , I i 1. I I,1 i I I ,11 I 1 I ?1 1 l ,.11 ? 1 1 I I ,I I , 1 I ' i 1 1 1 I. 1 1 l , I I 1 1 t I MATTHEW SCOTT BOUGHTER, SR., C IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA e Vs. t NO. 96-777 CIVIL TERM t BONNIE ANN BOUGHTER, a CIVIL ACTION - LAW Defendant t IN CUSTODY ORDER OF COUR'P AND NKUP this 3 day of a cr.Gi r , 1999, upon consideration of the attac Custody Conc at on Report, is ordered and directed as follows: 1. The Prior Order of this Court dated April 1, 1996 is vacated and replaced with this Order. 2. The parties shall engage in a course of counseling (for a minimum of 6 sessions) with a professional selected by agreement. The purpose of the counseling shall be to assist the parties in developing communication skills and mutual cooperation to enable them to effectively coparent their Child. The parties shall equally share all unreimbursed costs of the counseling. The parties shall select and contact the counselor (for the purpose of scheduling the first session) within thirty days of the date of this order. 3. The Father, Matthew Scott Boughter, Sr., and the Mother, Bonnie Ann Dymond (formerly Boughter) shall have shared legal custody of Matthew Scott Boughter, Jr., born September 28, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergpnry, decisions effecting the Child's gen I uell-being ore including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be, entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 4. The Mother shall have primary physical custody of the Child. 5. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 5:00 p.m. In addition, during weeks following the Father's regular weekend period of custody, the Father shall have custody of the Child from Tuesday at 6:30 p.m. through Wednesday morning when the Father shall take the Child to school or return the Child to the Mother's custody at 12:OQ noon if the Child does not have school. The Father's periods of Tuesday custody shall begin on Tuesday, December 21, 1999. .f 6. The 'parties shall share or alternate having custody of the Child on holidays as followac A. CMISPINAS: The Christmas holiday shall be divided into Segment At which shall run from Christmas Eve at 7:00 p.m. through Christmas Day at 12c00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 7:00 p.m. 'The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. TBMD:SGIVINGC In every year, the Mother shall have custody of t et?Ci YE-on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Father shall have custody of the Child on Thanksgiving Day at 2:00 p.m. through the following Friday at 12:00 noon, unless the Father's regular weekend period of custody falls immediately after Thanksgiving in which event the Father shall retain custody of the Child through Sunday at 5:00 p.m. C. ALTERNATING NXIDAYS: The parties shall alternate having custody of t e C d from 9:00 a.m. until 7:00 p.m. on the following holidays: New Years Day, Easter, Memorial Day, July 4th and Labor Day. The alternating holiday custody schedule shall begin with the Mother having custody of the Child on New Years Day in 2000. D. M0?14Q'R'3 DAY/PATI{eR'S DAY: The Father shall have custody of t e C d every year on Father's Day from 9:00 a.m. until 7:00 p.m. and the Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. E. CHILD'S BIRTHDAY: In the event the Child's birthday falls on der a Saturday or Sunday, the Mother shall have custody of the Child on his birthday from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Each party shall have custody of the child for 2 consecutive or non-consecutive weeks each year during the summer vacation. Each party shall provide notice to the other party by June 1 of each year of the specific dates he or she has selected for summer vacation custody under this provision. The party who provides notice first shall receive preference in his or her selection of custody periods under this paragraph. 8. The Father shall be responsible to provide transportation to and from the Mother's residence for all exchanges of custody under this order. 9. During the exchanges of custody, either the Mother or the person relinquishing jurisdiction of the Child on the Mother's behalf shall remain in the Mother's residence and the Father, or the person picking up the Child on the Father's behalf, shall remain in the car. The parties shall ensure that they and other third parties participating in exchanges of custody behave civilly and cooperatively during the exchange to promote the Child's beat interests. 10. In the event either party is not available, due to extenuating circumstances at the time of a scheduled exchange of custody (and is not able to arrange for another responsible adult to be present on his or her behalf) that party shall notify the other party in advance either by telephone or written note. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties comply with this provision in the presence and hearing of the Child. 12. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provision of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE OOURT, `,S/ f1i4 4a.. ?'? . 244- (r i Edgar B. lY J. cc( Timothy J. Colgan, Esquire - Counsel for Father Bonnie Ann Dymond, Mother 1 I I r .y hand day n.n......µpRi./.ihb{R./. ?.??. R.P r. Vrii•.?iF4.61,.......:.. op0?*? Prothonotary MATTHEW SCOTT BOUGHTER, SR., Plaintiff Va. BONNIE ANN BOUGHTER, Defendant c IN THE COURT of COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA t t NO. 96-777 CIVIL TERM t , t CIVIL ACTION - LAW t IN CUSTODY PRIOR JUDGE: Edgar B. Bayley ' CUSTODY CONCILIATION SLZ4MARY REPORT IN ACCORDANCE WITH CXMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following reports 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew S. Boughter, Jr. September 28, 1993 Mother 2. A Custody Conciliation Conference was held on December 7, 1999, with the following individuals in attendance: The Father, Matthew S. Boughter, Sr., with his counsel, Timothy J. Colgan, Esquire, and the Mother, Bonnie Ann Dymond, formerly Boughter, who is not represented by counsel in this matter. 3. The parties agreed to entry of an order in the form as attached. rr,?Gs..? dt- ' ?-o /494 to ? Dawn Sunday, Esquire Custody Conciliator WAI-KL'R & MACBIUtm Otte( I•. BARLEY, SNYDER, SENF'h & COHEN) LLCSEP 2 7 2000 147 LINCOLN WAY EAST, (AIAMUKSI M, I'RNNSYLVANIA 17101 IN TI IE t'OE IR'1' OF COMMON VI LAS 01: THE 9i1' JUDICIAL. DIS'I'ItIC'I' OF PENNSYI.VANIA CUMBIAU AND COUN'T'Y BRANCH Matthew Scott Boughter, Sr., Civil Action - Law plaintiff, vs, Bonnie Ann Dymond (formerly known as Boaghler), Defendant, No, F,R. M 96 - 777 Custody ppORDER OF COURT NOW. ?p 2000, the Court having reviewed the attached Stipulation and AgrLCrmnt, hereby orders that the C'ourt's prior Order of December 13, 1999, shall be modified as hollows: 1. Matthew Scott BOUghter, Sr.. ("Father"),urd Bonnie Ann Dymond ("Mother") shall have shared legal custody of Matthew Scott Boughtcr, Jr., born September 28, 1993 (hereinafter referred to as "tile child-) . 2. paragraph 5 of this C'ourt's prior Order dated December 13, 1999, shall be modified to provide that Father shall have partial physical custody every weekend beginning September 8, 2000, from Friday at 6:00 p.m. through Monday morning when he shall return the child to school. 3. Father shall have partial physical custody on alternating Tuesdays from 6:00 p,m. until the following Wednesday morning when he shall return the child to school effective September 12, 2000. 4. Father shall also have partial physical custody from January I through January 31 in the year 2001. Said month of partial physical custody shall be exercised for a trial period, and the parties shall further discuss the ct7cctiveness of this change to the custody schedule at the end of the month to determine if additional changes are needed. 5. In the event the parties cannot reach an agreement as to the continuation or elimination of this tern of partial physical custody in the month of January, the Court's prior Order of December 13, 1999, shall control us to this point only. in the mother's residence and the Father, or the person picking up the child on the Father's behalf, shall remain in the car. The parties shall ensure that they and other third parties participating in exchanges of custody behave civilly and cooperatively during the exchange to promote the Child's best interests. 10. in the event either party is not available, due to extenuating circumstances at the time of a scheduled exchange of custody (and is not able to arrange for another responsible adult to be present on his or her behalf) that party shall notify the other party in advance either by telephone or written note. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties comply with this provision in the presence and hearing of the Child. 12. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provision of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, 4.31 -)S 2..7L44 Edgar B. Bayley .I J. cc: Timothy J. Colgan, Esquire - Counsel for Father Bonnie Ann Dymond, Mother 1 I 1?. t 1 1 . rl.?.' ;y h,,nd U4 .?,w?°... day Oi .,Cau.,..., 17...%.1 oD?? Prothonotary BONNIE ANN TONER, IN THE COURT OF COMMON PLEAS OF PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW SCOTT BOUGHTER, SR., RESPONDENT : 98.0777 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2001, the petition for special relief is denied without a hearing,' , By the Court,, Edgar B. ;sea J. ' The child Is only seven years old. The parties entered into a stipulated order that the father would have him from January 1 through January 31, 2001, and that this period would be considered a trial period for the purposes of considering changing the custody order of December 13, 1999. The allegations in the petition do not warrant special relief. ' -1 L. II L 1?1 I I I ' :I I I I I i ' ? I ? I I 1? I ? : 'I I I ' I I I' ' 1 I - I i I, 1 '' ? I 1 i. I ? 1 '.? ': I 1 I 1 (I: I I I i ?1 ? I ' i t 1 I 1 I I ? I p I r 1? .1 I ?1 I I I' I I ? 1 I ' 1 ' I .1: u I ? 1' ? : ? ? ? . ? 1 I , 1 1 Al 111 JI , I r ? OO a vAi a?F a00 O Z g z O p CN? F, ? 9 O A ? N zO boa z v? I , ' BONNIE ANN TONER, IN THE COURT OF COMMON PLEAS OF Petitioner t CUMBERLAND COUNTY, PENNSYLVANIA vs, , NO. 96-777 MATTHEW SCOTT BOUGHTER, SR., Respondent CIVIL. ACTION - CUSTODY PETITION FOR SPECIAL RELIEI; PURSIIAN'1' 'I'O IttlLli 1915,13 To The Honorable, the Judges of the Said Court: Petitioner, Bonnie Ann 't'oner, by her attorney, Jerry A, Philpott, Esquire, tiles this petition pursuant to Rule 1915,13 of the Rules of Civil Procedure and respectfully represents the following: Petitioner is Bonnie Ann Toner, who resides at 42 Stephen Road, Apt, F3, Camp Hill. Cumberland County, Pennsylvania 17011, 2, Respondent is Matthew Scott Boughter, Sr„ who resides at 3736 Rutherford Street, Harrisburg, Dauphin County, Pennsylvania 17111. 3, A custody matter is pending at the above docket number concerning the child of the parties, who are divorced, The child is Matthew Scott Boughter, Jr, fie is 7 years old, 4. Pursuant to an order of this Court entered by agreement of the parties on September 28, 2000, respondent father has custody for the whole month of January 2001, 5. Petitioner mother, who has been unrepresented throughout the history of this custody matter until now, believed that during father's one month of custody she would have the saute weekends that he has been having, to wit, every weekend. 6, The order does not by its terms so specify, 7, Petitioner mother, who also sees her son a couple of days it week when she goes to his school during school hours, learm d that he was very unhappy with not seeing his mother at all for a month, 8. When she asked respondent father for weekend time, he told her that she had no right to any weekends in January, 9. On the first weekend of January, January 6.7, petitioner spoke un her son by phone, and during the phone call he expressed extreme unhappiness, Later he culled petitioner and whispered that he wanted to come home, but that his dad wouldn't let him. Petitioner could hear respondent yelling in the background, 10. When petitioner saw the child at school on Monday, the child said that his father had beaten him for calling his mother. 11, During her marriage to respondent, petitioner suffered severe abuse, to such an extent that she was hospitalized. She was shot with an air pistol and strangled. She obtained Protection from Abuse Orders. 12. Although petitioner has seen no direct signs of such abuse by respondent towards their son, she is fearful that if the child continues to express a desire to return to his mother's home, the father may react violently, 13. The September 28 order, by its terms lapses at the end of January 2001, at which time custody reverts to a prior order wherein respondent had alternating weekends, unless the parties agree to continue the September 28 terms. The September 28 order represented an experiment in the child's spending more time with his father, WHEREFORE, your petitioner respectfully prays that this Honorable Court grant immediate relief in the form of canceling the September 28 order, restoring custody to the terms of the previous order, and returning the child to his mother's primary custody without waiting until the end of January, Datedt'January 6, 1001' 50reme Court IN#47FA ,227 No. High Street, PO Box 116 Duncannon, fo pet 1702 Attorney ey for petitioner r n : , 0 0? MATTHEW SCOTT BOUGHTERI SR.r t IN THE COURT OF C"ON PLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA t va. t N0. 96-777 CIVIL TERM t BONNIE ANN BOUGHTER, t CIVIL ACTION - LAW Defendant t IN CUSTODY ORDER OF COURT ANDS his ,,3 day of C_,lr at on Reportr t is ordered consideration of the attached-Cuatody onc i and directed as follows: 1. The prior order of this Court dated April 1, 1996 is vacated and replaced with this order. 2. The parties shall engage in a course of counseling (for a minimum of 6 sessions) with a professional selected by agreement. The purpose of the counseling shall be to assist the parties in developing communication skills and mutual cooperation to enable them to effectively coparent their Child. The parties shall equally share all unreimbursed costs of the counseling. The parties shall select and contact the counselor (for the purpose of scheduling the first session) within thirty days of the date of this order. 3. The Father, Matthew Scott Boughter, Sr., and the Mother,MBonnie Ann Dymond (formerly Boughter) shall have shared legal custody Scott Boughter, Jr., born September 28, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major no^-e P Child's including, but not education d religion. to all records and information Pursuant terms nfrmation i pertaining paragraph, to e parent shall the Child including, but not limited to, school and medical records and information. 4. The mother shall have primary physical custody of the Child. 5. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 5:00 p.m. In addition, during weeks following the Father's regular weekend period of Tuesda custody, the Father shall have custody Child from take the yChild •30 p.m. through Wednesday morning when the school or return the Child to the Mother's custody of Tuesday 12:9 noon i shall Child does not have school. The Father's periods begin on Tuesday, December 21, 1999. - J? 6 The "'parties shall share or alternate having custody of the Child on holidays as'follows: A. CBRISIMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 7:00 p.m. through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 7:00 p.m. 'The Father shall have custody of the child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. THANKSGIVING: In every year, the Mother shall have custody of t e Ch ld on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Father shall have custody of the Child on Thanksgiving Day at 2:00 p.m. through the following Friday at 12:00 noon, unless the Father's regular weekend period of custody falls immediately after Thanksgiving in which event the Father shall retain custody of the Child through Sunday at 5:00 p.m. C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child from 9:00 a.m. until 7:00 p.m, on the following holidays: New Years Day, Easter, Memorial Day, July 4th and Labor Day. The alternating holiday custody schedule shall begin with the mother having custody of the Child on New Years Day in 2000. D. MOTHER S DAY/FATRER'S DAY: The Father shall have custody of the Ch'ld every year on Father's Day from 9:00 a.m. until 7:00 p.m. and the Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. E. CHILD'S BIRTHDAY: In the event the child's birthday falls on either a Saturday or Sunday, the Mother shall have custody of the Child on his birthday from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Each party shall have custody of tMe Child for 2 consecutive or non-consecutive weeks each year during the summer vacation. Each party shall provide notice to the other party by June 1 of each year of the specific dates he or she has selected for summer vacation custody under this provision. The party who provides notice first shall receive preference in his or her selection of custody periods under this paragraph. 8. The Father shall be responsible to provide transportation to and from the Mother's residence for all exchanges of custody under this Order. 9. During the exchanges of custody, either the Mother or the person relinquishing jurisdiction of the Child on the Mother's behalf shall remain in the Mother's residence and the Father, or the person picking up the Child on the Father's behalf, shall remain in the car. The parties shall ensure that they and other third parties participating in exchanges of custody behave civilly and cooperatively during the exchange to promote the Child's best intarests. 10. In the event either party is not available, due to extenuating circumstances at the time of a scheduled exchange of custody (and is not able to arrange for another responsible adult to be present on his or her behalf) that party shall notify the other party in advance either by telephone or written note. 11. Neither Party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties comply with this provision in the presence and hearing of the Child. 12. This order is entered pursuant to an agreement of the parties at a Conferen this CustodyderConcibyliation mu ual consnt Ce. In tThe he absence of muru al f c nsent, thei te? of this Order shall control. BY THE COURT, ut cagar B. Bayley J. cc: Timothy J. Colgan, Esguire - Counsel for Father Bonnie Ann Dymond, Mother day l ,b -r Prothonotary ,_l, WALKER & 1VIACBME OFFICE r BARLEY, SNYDER, SENFT SL COHEN, LLCSEP 2 ? 2000 ?I 247 LINCOLN WAY EAST. CHAMOERSELAO. PENNSYLVANIA 17201 IN TIIE COURT OF COMMON PLEAS OF THE 9"' JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Matthew Scott Boughter, Sr., Plaintiff, vs, Bonnie Ann Dymond (formerly latown as Boughter), Defendant, Civil Action - Law No, F,R, # 96 - 777 Custody ORDER OF COURT NOW, 2000, the Court having reviewed the attached Stipulation and Agr6ement, hereby orders that the Court's prior Order of December 13, 1999, shall be modified as follows: 1, Matthew Scott Boughter, Sr., ("Father") and Bonnie Ann Dymond ("Mother') shall have shared legal custody of Matthew Scott Boughter, Jr„ born September 2S, 1993 (hereinafter referred to as "the child"). 2. Paragraph 5 of this Court's prior Order dated December 13, 1999, shall be modified to provide that Father shall have partial physical custody every weekend beginning September 8, 2000, from Friday at 6:00 p.m, through Monday morning when lie shall return the child to school. 3. Father shall have partial physical custody on alternating Tuesdays from 6:00 p.m, until the follo,.ving Wednesday morning vwhen he shall return the child to school effective September 12, 2000. 4. Father shall also have pwtial physical custody from January t through January 31 in dte year 2001. Said month of partial physical custody shall be exercised for a trial period, and the parties shall further discuss the effectiveness of this changeAo the custody schedule at the end of the month to determine if additional changes are needed. 5. In the event the parties cannot reach an agreement as to the continuation or elimination of this term of partial physical custody in the month of January, the Court's prior Order of December 13, 1999, shall control as to this point only. 6.' All other provisions of this Court's Order of December 13, 1999, and not modified above, shall remain in full force and effect. By the Court I I 1 I I I I I 1 1 1 i I, I I I 'I M Terth" CApy FROM RECORD Ind th seal of I L, rc t.vu sat my hind r` said ou rn ^ rlisl , pI Thl s I verity that the statements made in this petition for Special Relief are true and correct, I understand that false statements herein are made subject to the penalties of 16 Pa.C,S. § 49K relating to unsworn falsification to authorities, Iz4-- ?lUtr! Tr P, bonnie Ann Toner Petitioner h MA'PPflEW SCOTT BOUGHTERr SR.r t Plaintiff t e va. t t BONNIE ANN BOUGHTER, t Defendant t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 96-777 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION OPMM Or COURT AND NDtii, this _IZ! _ day of ? ' 19960 s upon consideration of the -attached Custody Con at Report, it t i ordered and directed as follows: 1. The Father, Matthew Scott Boughter, Sr., and the Mother, Bonnie Ann Boughter, shall have shared legal custody of Matthew Scott Boughter, Jr., tarn September 28, 1993. 2. The mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child during four week cycles as follows: until custody thed following Child Monday r A. weekend First :30 and h 8:00 p.m. have Friday between 7 at 9:00 a.m. B. second weekend at 9:00 a.m. until a the h following Monday h atC from Sunday 9:00 a.m. C. FThird weekend - The riday between 7:30 and 8:00 p.m. until the following Monday at 9:00 a.m. D. Fourth weekend - The Mother shall have custody of the Child. E. Fourth week - On the Thursday evenings immediately preceding the Mother's period of weekend custody, the Father shall have custody of the Child from 7:45 p.m. until 9:45 p.m. 4. If the Father will be delayed for exchanges of custody occuring on Friday evenings due to employment or other circumstances, the Father shall notify the Mother by telephone as soon as possible. 5. The parties shall share or alternate custody of the Child on holidays as follows: A. The Mother shall have custody of the Child in even numbered years on the holidays as follows: The Mother shall have custody of the Child on Easter weekend from Saturday at 7:00 p.m. until Sunday at 12:00 noon and on Christmas from Christmas Eve at 7:00 p.m. until Christmas Day at 12:00 noon. The Mother shall have custody of the Child on Memorial Day, Labor Day and President's Day at times to be arranged by mutual agreement of the parties. B. The Mother shall have custody of the Child in odd numbered years on the holidays as follows: The Mother shall have custody of the Child on Easter Sunday from 12:00 noon until 7:00 p.m. and on Christmas from Christmas Day at 12:00 noon until December 26th at 7:00 p.m. The Mother shall have custody of the Child on July 4th and New Years Day at times to be arranged by mutual agreement of the parties. C. The Father shall have custody of the Child in even numbered years on the holidays as follows: The Father shall have custody of the Child on Easter Sunday from 12:00 noon until 7:00 p.m. and on Christmas from Christmas Day at 12:00 noon until December 26th at 7:00 p.m. The Father shall have custody of the Child on July 4th and New Years Day at times to be arranged by mutual agreement of the parties. D. The Father shall have custody of the Child in odd numbered years on the holidays as follows: The Father shall have custody of the Child on Easter weekend from Saturday at 7:00 p.m. until Easter Sunday at 12:00 noon and on Christmas from Christmas Eve at 7:00 p.m. until Christmas Day at 12:00 noon. The Father shall have custody of the Child on Memorial Day, Labor Day and President's Day at times to be arranged by mutual agreement of the parties. When the Father's regular weekend custody precedes his Monday holidays, the Father shall have custody from Friday evening through the evening of the holiday. E. The Mother shall have custody of the Child in every year on the following holidays: The mother shall have custody of the Child on Thanksgiving from 9:00 a.m. until 3:00 p.m. and on Mother's Day at times to be arranged by mutual agreement of the parties. F. The Father shall have custody of the Child in every year on the following holidays: The Father shall have custody of the Child on Thanksgiving from 3:00 p.m. until 9:00 p.m. and on Father's Day at times to be arranged by mutual agreement of the parties. 6. The four week custody cycle shall begin with the Father having custody of the Child on Thursday evening, March 28, 1996 from 7:45 p.m. to 9:45 p.m. and the mother having custody on the weekend of March 29 through March 31, 1996. 7. Each party shall have a period of custody of the Child each year on the Child's birthday at times to be arranged by mutual agreement of the parties. 8. Each party shall have custody of the Child for two consecutive or nonconsecutive weeks each year during the summer vacation. Each party shall provide notice to the other party by June 1 each year of the specific dates for summer vacation custody. M, MATTHEW SCOTT BOUGHTER, SR., t IN THE COURT OF COMMON PLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA t Vs. t N0. 96-777 CIVIL TERM t BONNIE ANN BOUGHTER, t CIVIL ACTION - LAW Defendant IN CUSTODY CU8'DDDY CONCILIATION SUMMARY REPORT IN AOOOR(N= WITH CLMUBERImM OOUMlTY RULE OF CIVIL PROCHDURE 1915.3-81 the undersigned Custody Conciliator submits the following report: 1. The relevant information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Matthew Scott Boughter, Jr. September 28, 1993 Defendant/Mother ?. Conciliation in attendan attendance: The held on March 26, 1996, with the Matthew Scott Bo ghtere following individuals Sr., with his counsel, Madeleine N. Baturin, Esquire, and the Mother, Bonnie Ann Boughter, with her counsel, Joan Carey, Esquire and Connie Thomas, Paralegal. 3. The parties agree to entry of an order in the form as attached. /?2i •?. ?1.? 9910 Dote Dawn S. Sun ay, Esquire Custody Conciliator "k 9. The Father shall provide transportation for all exchanges of custody under this order. 10. If the Mother becomes employed within two months of the date of this Order to the extent that her employment status interferes with the desirability of the existing custody arrangements, either party may contact the Custody Conciliator to schedule a second Conciliation Conference. 11. This order is entered pursuant to an Agreement reached by the parties at a Custody Conciliation Conference. The parties may modify the teems of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this order shall control. / BY THE COURT, cc: Madeleine N. Baturinp Enquire y' Joan Careyr Esquire } ? •1 I r ...I 111 4+ir1. - I i I ' I 1 , ?•I ?? r-j r. j.lf r! . r 1 1 , r. . 1 1 1 1 1 v??i.i r. 11 'I 1 ,. 1 1 1 it 1 '? it 1 11x11' ? iilirf ;ii' rr?l Ir l 1 1 I ? 1 i ? IAA hn 11'I l I I 1rl I 1 11I?1 ' 1 1 I ? I 1 1 1 1 r 1 ',1 I 9 1 .1 1 I I. I r l i 1 1 1 1 1 1 II I .'I rl 1 1 I - ,I ? 1- I 1 I i I11 'r 1. 1.. 1 1 ' =1 1 f' r: I I I : 1 r 1 1 I i 'r I r 1 I ? 1 11 1 ? 1 I 1 I 1 1 ' t 1 I ,.?' 1 , ,1 1 Ii 1 1'.. i I - II 1 1 1 1 1 I 1 1 : :..,1 1 I Ii V 1 1 1 i I 11 j 1 5 1.? : , I 1 I 1 1 i 1 1 111'' 1 I I 1' 1'11.1 'I 1 1 I. r l ' 1 1 ' f 1 '1 1 I I' 1 '-1' I'. I 11 M II 1 I? 1 1 1 I i 1 i ' r .. I I 11 1 r 11 r ? I •11 r1 1 L, 1 1 I l If ?r 1 .. I r I I•li 1 I ' 1• 1 I r '1 11 i 1 4. ? 1.? r 1? `! 1 rl ?I ,: 1 1• r! I •1 1 1? ' 1 I 1 j I I'j ' I i I I 1 I: 1 .1 11 r 1 I?:. 1 1 1 `? 1 1 1 i?N 'I 1 ?-1 1 i .vp r 1 I'' 1 Irr 1 '? 11 ?- I lr. l' r L? -r1 Ir, 1 ;.? 1 1 r i l 1 ? I I r '. .il 11 r r I I .. r r 1 11 ' 1 I 1 1 r 1 ,1 : MATTHEW 3. BOUC3HTER, $R„ CIN THE COURT OF UMBERLAND COUNTnYM PENNSYLVANIA PETITIONER V. BONNIE ANN TONER, ; RESPONDENT 96.777 CIVIL TERM ORDER OF COURT AND NOW, this %r _-_day of June, 2004, a hearing on the within petition for emergency relief shall be conducted at 9:46 a.m„ Thursday, June 3, 2004, In Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, By the Court, v*llllam M, Shreve, Esquire For Petitioner ?,tA.Aoa7?-- VBonnie Toner 419 Old State Road Lewisberry, PA 17319 :gal( d? -oa-oy JU,? ?p Plalntl ; vs. Aid Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 416-777 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 0 1. The Plaintiff Is Bonnie Toner, residing at 419 Old State Road, Lewisberry, PA 17319. 2. The Defendant Is Matthew S. Boughter, Sr., residing at 3736 Rutherford Street, Harrisburg, PA 17111. 3. On March 10, 2003, Your Honorable Court Issued an order granting Matthew Boughter, Sr., Defendant, primary physical custody of the child. (Order and Stipulation Agreement Attached as Exhibit A). 4. The order was subject to periods of partial custody with the mother on alternating weekends as the parties may mutually agree. (See Agreement, Averment 3). 5. On May 28, 2004, the minor child was stolen out of Matthew Boughter's home while Matthew Boughter was not at home while the minor child was in the care of his stepmother. 6. The child was removed by the mother. 7. The removal of the child by mother was without the mutual consent of the parties; specifically, Matthew Bougthter, Sr., was not in agreement with the removal. 8. Matthew Boughter, Sr., has repeatedly requested Plaintiff for Matthew Boughter, Jr., to be returned to his care. 9. Plaintiff has failed to comply with these requests. 10. As of June 1, 2004, the minor child is believed to still be In the care of the mother, despite the outstanding custody order. 11. The minor child is currently prescribed Aderol, 30 mg. per day, for ADHD. 12. The Plaintiff has refused to provide the minor child's prescribed medicine. 13. The child was to be attending school on June 1, 2004; however, he was not in attendance due to Plaintiff failure to take him. 14. For these reasons, Plaintiff is in contempt of Court for failing to abide by the custody order dated March 100 2004. 15. Defendant respectfully requests attorney's fees and costs in the amount of $750.00 associated with this litigation. WHEREFORE, the Defendant, Matthew Boughter requests that this Court to order t the minor ga contempt proceeding to be tscheduled by Your Honorable Court. Plaintiff be subject to Respectfully submitted, Date: _ William M. Shreve Attorney ID#82337 3618 North Sixth Street P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 ., II?????In .M Tr4:n ul f, i .,n•+M:iKi`?M$R??I '-Air Nhi: loci W BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plot intiff/Re.pondent) CUMBERLAND COUNTV, PENNSYLVANIA ++' ) No. 96.777 CIVIL TERM MATTHEW S(:OT'l' BUUGNTER, SR., ) Civil Action - Lim Deftndant/Petitinner) In Custody ORKR OF COURT AND NOW, thi:t _110 day of_ 2003, upon consideration of the attached Stipulation It Is hereby Ordered and Decreed that the parties shall share legal custody of the child, Matthew Scott Boaghtcr, lr., data orhirth, September 28, 1993. The parties further agree that Father shall have primary physical custody of said child, subject to periods of parliul physical Custody with Mother us the parties may agree. BY THE COURT; /'Ir? M 1 ' 11t Ir .?r &ttf t4' r y.. '.M DONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS PlwintifflRespondent) CUMBERLAND COUNTY, I'MNSYLVANIA ) vs. ) No. 96.777 CIVIL TERM ) MATTHEW SCOTT BOUGHTE:R, SR., ) Civil Action - Law DcfendantrPetitiuncr) In Custody Michael 5 1 ruvin Alloniq at Law 4U76 Koki 3h'eel. Sala 209 Ctnip Hilt, PA 17UI1 (717) U 1-002 CUSTODY STIPULATION AND AGREEMENT 10:341 FAX 717 731 9075 CON50LIDATED PROP, AND NOW, cone the pwties hereto, Plaintiff, Timmic Ann Tuner ("Mother"), an btdividual residing at 1001 School Ilotrse Lane, Lewisberry, York County, Pennsylvania, 17339 and Ucfendant, Matthew S. Butighter, Sr,. (" Father"), an individual residing at 3736 Rutherford Street, Harrisburg, Dauphin County, Pennsylvania, 17111 AS wild parties have reached mutual agreement as to the custody of their child Matthcw S, Boughter, Jr., boo September 28, 1993, and hereby stipulate to the following custody agreement, Lind hereby request the COutt to enter the same as An Order Of COUIT 1. Mother And Father shall share legal custody of said child, its to All matters rkgudlrg the child'; educmion, and wdlfarc. 2. rather shall have primary physical custody or said child. 3. The patties agree that Mother shall have periods of partial physical custody nn alternating weekends At such times as the patties uroy nxnualIy agree. Mother shall return the Child no later than 6:00p.m. un the Sunday of rctum. The parties shall shore transportation of the child between custndy exchanges, rd00a ?M t L? 1V AN SAT 10121 FAX 717 731 0070 CONSOLIDATED PROP, 4, Holidays, Ilolldays ehnll be shared at such limes as the parties may agave, Mother'r Dqv. Mother shall have the child on Mother's Day from I I A.M. in 7 V.M. S, If either parent Is unable to keep their scheduled tines of visitation, they shall provide at least twenty-four (24) hums' notice, 6 Neither puny shall do or say anything which may estrange the child front the other parent, InJwe the ophtion of the child ns to the other pnrcnt, or hamper the free and natural development of the child's love mid respect for the other parent 7, Neither Polly shall conaane alcohol to the point of intoxication during his or her period$ of visitatiun will) the child. 8. The parties shall have the right to modify ally provision of the custudy schedule herein upon mutual ugreemunt by hoth pnities, fit the event it proposed modiftcntion is nut agreed to, the schedule as stated shall be complied with by the parties. The panes reserve the right to modify this Stipulation and Agreement through the court pursuant to Pemtsylvanle Law, Cumberland County, Petulsylvania, shall retoin,jurlsdiction. Borutic A. Toner, 9Ldntiff wit a?i? VD6r, Sr., Defe It moss CK?! (0001 U ?l ,l BONNIE ANN TONER, : Plaintiff . VS. MATTHEW S. BOUGHTER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 296-777 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Petition for Emergency Relief and Contempt of Court are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorites. i to if Matthew Boughter BONNIE ANN TONER, ; IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. ; NO. 296-777 CIVIL TERM MATTHEW S, BOUGHTER, SR., Defendant ; CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this day of June, 2004, I, William M. Shreve, hereby certify that I have or will this day serve the within Petition for Emergency Relief and Contempt of Court upon the person and in the manner Indicated below; Via Certified and Reaular U.S. Mall Ms. Bonnie Toner 419 Old State Road Lewisberry, PA 17319 William M. Shreve Attorney ID # 82337 3618 North Sixth Street P.O. Box 5292 Harrisburg, PA 17110 (717) 234-6001 ? ? 1 I I I it _ ? 't I I t I f I 11 el I 1 I ?? i i r 1 t I i r .Ir 1 f r r ? 1 I 1.:-i tl 1 1 r I t' r l l , , y r I 1 Ir I 1111. 1 , I , I I i 1 ?tl I I? 1 MAN ?l !UU 1' BONNIE ANN TONER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs, 96-777 CIVIL ACTION LAW MATTHEW SCOTT BOUGHTER, SR ; Defendant t IN CUSTODY ORDER AND NOW, this 10'^ day of March 20Q3 , the conciliator, being advised by plaintiff's counsel, that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for March 18, is cancelled. FOR THE COURT, 3Zijlj 3 C6),,?- Date Dawn S. Sunday, Esquire Custody Conciliator 1 1; I I I I i 01 M?l / roar BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA 1 vs. ) No. 96-777 CIVIL TERM MATTHEW SCOTT BOUGHTER, Sit., ) Civil Action - Luw Defendant/Petitioner) In Custody ORDER OF COURT AND NOW, this _F=_ day of ___•2003, upon consideration of the attached Stipulation it is hereby Ordered and Decreed that the parties shall share legal custody of the child. Matthew Scott Boughter. Jr., date of birth. September 28, 1993. The parties further agree that Father shall have primary physical custody of said child, subject to periods of partial physical custody with Mother as the parties may agree. BY THE COURT; r .r r i r ? r , I I I 1 r I 1 r Ii i r _I !I ? WNW II - I? I,r I ? r 1 ! ?! f 'I i i !.! r i I I r ?I ! 4. Hollduyr. Holidays shall he shared at such times as the parties may agree, Mother's Ucry, Mother shall have the child on Mother's Day from I I A,M, to 7 P.M. If either parent is unable to keep their scheduled tines of visltation, they shall provide at least twenty-four (34) hours' notice. 6. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 7. Neither party shall consume alcohol to the point of intoxication during his or her periods of visitation with the child. 8. The parties shall have the right to modify any provision of the custody schedule hereto upon mutual agreement by both parties. In the event it proposed modification is not agreed to, the schedule as stated shall be complied with by the parties. The parties reserve the right to modify this Stipulation and Agreement through the court pursuant to Pennsylvania Law, Cumberland County, Pennsylvania, shall retain jurisdiction. 4's , Bonnie A. Toner, Plaintiff Witness Matthew S, Bough(er, Sr., Defendant Vi??? c? ttness '. BONNIE ANN TONER, ) IN THE C'OUR'T' OF COMMON PLEAS Plaintiff%Respondent?CUMBERLAND COUNTY, PENNSYLVANIA 1 vs ) No. 96-777 CIVIL TERM 1 MATTHEW SCOTT BOUGH T'ER, SIC, 1 Civil Action - Law Defendant/Petitioner) In Custody C'IiR'I IPI('A'fl. OF SF.ItVI('l: I, Michael S. Travis. certily that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as follows, Bonnie MA'oner 1001 School House Late Apartment 1) Lewisberry, PA 17339 Dawn S. Sunday, Esquire 39 West Main Street. Suite 1 Mechanicsburg. PA Date; 3 /4/q3 17055 is ael S. Travis r ID No. 77399 4076 Market Street, Suite 209 Camp Hill. PA 17011 (717) 731-9502 Attorney for Petitioner I 1 I i' 1 M 1 Michael S,'fravis Auomey ut Law 4076 Market Street, Suhe 209 Camp 11111. PA 17011 (717) 731.0302 BONNIE ANN TONER, ? IN THE COURT OF COMMON PLEAS Plaintiff/Respondent?CUMBERLAND COUNTY, PENNSYLVANIA 1 ' vs. ? No. 96-777 CIVIL TERM 1 MATTHEW SCOTT BOUCHTER, Sit., ? Civil Action - Law De(endant/Petitioner) In Custody CUSTODY STIPULATION AND AGREEMENT AND NOW, come the parties hereto, Plaintiff; Bonnie Ann'Ibner("Mother"), an individual residing at 1001 School floose Lane, Lewisbery. York County, Pennsylvania, 17339 and Defendant, Matthew S. Boughtcr. Sr., ('father"), an individual residing at 3736 Rutherford Street, I larrisburg, Dauphin County, Pennsylvania, 17111 as said parties have reached mutual agreement as to the custody of their child Matthew S. Boughtcr. Jr., born September 28, 1993, and hereby stipulate to the following custody agreement, and hereby request the Court to enter the same as an Order of Court: I. Mother and Father shall share legal custody of said child, as to all matters rcgard'u;g the child'.; h.alth, education, and welfiuc. 2. Father shall have primary physical custody of said child. 3. The patties agree that Mother shall have periods of partial physical custody on alternating weekends at such times as the parties may mutually agree. Mother shall return the Child no later than 6:00p.m, on the Sunday of return. 'rhe parties shall share transportation of the child between custody exchanges. EONNIE ANN TONER IN Till: COI1R'I' OI; COMMON PH;AS Oh PLAINTIFF t ('I1MIIIiRI.AND c'OI1N'I'Y, PE,NNSYI.VANIA t V. t 96,777 CIVIL ACTION LAW MATTHEW SCOTT ©QuONTER, SR, t IN CUSTODY DEFENDANT ORDER OF C01111111 AND NOW, - WednesdrY, M_ebruwry_12. 2003 _ . ,upon consideration of the attached Contplahtt, it is hereby directed that parties and their respective counsel appear lie l'ore Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street. Mechanicsburg, PA. 17055 an Tucsduy, Mwrch IB, 2003 _____ at _ BtJO AM for a Pre-I Wining Custody ('onl'erence. At such conlerence.:m e f fort will lie made to resolve the issues in dispute: or if this cannot be accomplished. to define and narrow the issues ua he heard by the court, and to enter into a temporary order. All children age five or alder nnay also he present a the conteerence. Failure to appear at the conference may provide grounds lift envy of a temporary or permanent order. The court hereby directs the parties to furnish tiny and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 46 hours prior to scheduled hearing. FOR'l Ilk ('Olllt'I'. Ily: Dawn- S, Sunday, Esq. Custody Conciliator The Court of Common Pleas ot'('umberland County is rcyuircd by law to comply with the Americans with Disabilites Act of 1990. For inliirnation 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. YOU SIIOUI D TAKP.'I'I[IS PAPER '10 YOUR ATTORNEY AT ONCE. IF YOU DO NOT IIAVF' AN A11ORNEN' OR CANNOT AI:FORI) ONE. ({O'rOOR 'rl'.I.HPIfONIs THE OFFICE, SI:T FORTH Bt'.LOW'r0 KIND OUT WIIFRI'. YOU CAN (it:'[' LFGAL HELP. Cumberland County Bar Association 2 Liberty Avenue ('urlisle. Pennsylvania 17013 Telephone (717) 249-3166 f n??f.C111' iii J 21 FEb / 20031 BONNIE ANN TONER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF/RESPONDENT CUMBERLAND COUNTY, PENNSYLVANIA V, MATTHEW SCOTT BOUGHTER, SR., DEFENDANT/PETITIONER 96-0777 CIVIL TERM ORDER OF COURT AND NOW, this t'(- _day of February, 2003, pending further order of court, IT IS ORDERED: (1) Matthew Scott Boughter, Sr., shall have temporary physical and legal custody of Matthew S. Boughter, Jr., born September 28, 1993. (2) The mother, Bonnie Ann Toner, shall have periods with Matthew as the parties shall agree. (3) The father's petition to modify the custody shall proceed to conciliation, By the Court, Michael S. Travis, Esquire For the Father' U 5 Bonnie Ann Toner 1001 School House Lane Lewisberry, PA 17339 And 35 Stoney Run Road Dlllsburg, PA 17019 :sal Edger B. Belyrey, Jr- 110 S( ve,r-4L BONNIE ANN TONER, ? IN THE C'OUR'T' OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUN'T'Y, PENNSYLVANIA j vs, ) No. 96-777 CIVIL TERM FEB 1003 MATTHEW SCOTT BOUGHTER, Sit., ) Civil Action - Low Defendant/Petitioner) In Custody TEMPORARY ORDFR OP C'OUR'f AND NOW, this day of 2003, upon Petition of Father, Matthew S. Boughter. Sr.. tier Finergency Modification of a Partial Custody Order, it is ORDERf,D as follows: a) Father shall have temporary phy sisal custody of Matthew S. Boughter, Jr,; the child shnll be enrolled in the Central Dauphin School District; b) Mother's periods of visitation shall be supervised until further Order of this Court; C) A hearing on this natter is scheduled !IS billows: d) hi the event that service of this Order cannot be effected upon Mother by means of United States snail, service shall be made as follows: By the Court; BONNIE ANN TONER, ? IN THE COURTOF COMMON PLEAS Plaintiff/Rcnpondentl CUMBERLAND COUNTY, PENNSYLVANIA 1 vs, 1 No. 96-777 CIVIL TERM MATTHEW SCO'TTBOUGHT'ER, SR., j Civil Action - Law Defendunt/Petitioner) In Custody ORDER OF COURT You, Bonnie Ann 'roller, respondent, have been sued in court to Modify custody, of the following child: Matthew S. Boughter, Jr. You are ordered to appear in person nt at --- on _ U a conciliation or mediation confcrence. U a retrial conference. U a fearing before the court. If you tail to appear its provided by this order, an order for custody, partial custody or visitation may be entered against you or the court arty issue a warrant for your arrest, The Court of Conrtnou pleas of Cumberland County is required by law to comply with the Americans Will' Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business betire 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 confcrence or hearing. YOU SHOULD TAKE THIS PAPER '10 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C'ANNOTAFFORD ONI?, GO TO OR TELEPHONE THE OFFICE: SET FORTH BELOW TO FIND OUT WHERE. YOEI CAN GET LEGAL HELP. LAWYER REFERRAL. SERVICE, Cumberland County Bar Association 32 S, Bedford Street Carlisle, PA 17013 (717)2249-3166 Date: BY THE COURT: IN'I'IIF: COl1RIt. OF COMMON PLED gp 1'F.NNtiYLVANiA COUN'1 Y, SSIF ANN TONER' CEIMBF:?tl,ANp I'luh?tifflRespondent) j No. 90-777 ('IVII.'1'ERh? vs' 1 Civl? Action - Luw ) MATTHEW SCOT'?' I3000H'1•ER sit" stody DefenduntlPetition loner) III(" ORDER OF COURT krn of the attached complaint it s upon a msidcrat ----' Pcnnsy?vnnru, on ANDdirectedNOW, that tha parties rindtheir respective aumsM n{f for `n I're `fore Hearing Cast ut`; or if this hereby 100 at enter Esquire. the theciliatory rof ve tile issues If n es 111, bardfa tile ttarDory or and pertomanent Cur At such conference, mt effort will tile jsS ` ssu dsolbe present at the Cortference. e he C 'i?erenc. rccontp{Ishec{, to define n n etlivc ?ur older may cannot b? r rounds to; entry into a tentpor:l`ar`n lire onferenee may provide g' Failure to npp order. for the Court, By "- Custody Zoiiciiintor is to comp Y with business before the court y The Court of Common Pleas of Curnbnfom 1 victrtla's ;uals hav urged y 1 with Disabilities Act oft??' .: fb?eorc{ iintnO1 11 sr pr to! to ally hearEng 72 the Americans f or bearing. reasonable accomntodatioas available please contact our office. All arrangements must be nuate at ?' O 1- ONCE, IF YOU D or business before the court. You roust at'utd `f0 Yncl Ol1R LAWrYE;RtAT O CI R - OR 1,1:1 YOU WOULD {AKf.lil : ONE THE 'y PAI , Gj:, LEGAL f1ELP. NOT HAVE A LAWYf:R OR CANNOT' AFI.ORD ONE,, C,O'10 OFFICE SET FORTH t f0 1,IN000 OUT Wlll?' YOII CAN LAWYf,{( REFI;,IklkAL SERVICE: Cumberland County Ilan Association 32 S. Bedford Street Carlisle,, P 37013 (717) 9 BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CIIMIIERLAND COUNTY, PENNSYLVANIA 1 VS. ? No. 96-777 CIVIL TERM 1 MATTHEW SCO'I'TGHTEe , SR , O C Ac on - Law Dciiir NOTI(T TO DEFEND AND CLAIM RKAITS You have been sued in court. If you wish to detcndant against the claims set tirrth in the tollowing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and an Order may entered against you for any other claim requested ht these papers by the Petitioner. You may lose money or property or other rights important to you including custody of your children. YOtI SFIOULD TAKF. THIS PAPER TO YOtllt LAWYNR AT ONCE. IF YOU DO OFFH( k A ST FOR"I H BELOW] 0 I IND Otl'l IWI11 Itl'. Y01IIC'AN GF. I ITGAL HELP. LAWYER REFLRRAL SHMILT Cumberland Coooty Bar Association 32 S. Bcdibrd Sucet Carlisle. PA 17013 (717) 249-3166 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. Michael S.'Ilmis Albanep III Law 4076 Markel Sovel, Salle 209 Croup I IIIL VA 17011 (717)731.9502 BONNIE ANN TONER, ) IN THF. COURT OF COMMON PLEAS 1'luintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA 1 VS. ) No, 96-777 CIVIL TERM 1 MATTHEW SCOTT' BOUGHTER, SR., ) Civil Action - Low Defendant/Pelitioner) In Custody PETITION FOR F.MF.RGENCY MODIFICATION OF A PARTIAL CUS'T'ODY ORDER L The petition of Matthew S. Boughter, Sr., respectfully represents that on February 21, 2001. an Order of Court was entered for partial physical custody. a the and correct copy of which is attached. The Order should be modified because: a) Mother's residency has been unstable: she has moved no less than tell (10) times since separating with Father in 1996, b) Mother has remarried twice since separating from I other and has had no less than two additional boyfriends. C) Mother is currently estranged from her husband. Chuck 'l'oner, and has a protection front abuse order pending against him: since separating from him late in 2002, she has spent time with her boyfriend. (1) The child has been in three school dkiricts since the beginning of this school year, and is not doing well in the third grade. e) Father has had difficulty getting Mother to cooperate in the counseling sessions outlined by the February 2001 Order of Court. Most recently. the child's counselor advised that the child may need intervention from his Mother. I) Father has had repeated problems getting Mother to comply with past Order(s) of Court. g) On Thursday. January 30. 2003. Mother dropped the Child off at Father's residence with the note attached hereto as Exhibit B. h) Mother's whereabouts are unknown. She has not contacted Father since that day. i) father is willing to accept till primary physical custody of the child. j) Father's school district requests an Order of Court to enroll the child in the Central Dauphin School District. k) The child has missed at least three days of school. 1? Chen Mother's instnbili?y, it is averred that it would be unsafe to return the child to the Mother. WHEREFORE, Petitioner requests tlun the Court: I) Baler an emergency Order granting temporary physicel custody to Father; 2) Modify the existing Ur(1cr granting Father pernuntent physical custody; 3) Restrict Mother's visitaliun to prevent harm to the child: 'this will be in the best interest of the child because Falher can provide a stable environment and loving home for the child. Respectfully suhyiitted, tc mel . I rnvis --__.---- 4076 Market Street, Suite 209 Cmnp Hill, PA 17011 (717) 731-9502 Attorney for Petitioner I verify that the statements made in the forebgoing petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 4/ _ Matt ew S, Boug ter, Sr. ski BONNIE ANN TONER, Plaintiff Va. MATTHEW SO= BOUGHTER r SR. , Defendant AA r L )I( CS : IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, PENNSYLVANIA t I NO. 96-777 CIVIL TERM t t CIVIL ACTION - LAW I IN CUSTODY ORDER OF ODURT AND NOW, this 2 7 day of , 2001, upon consideratioon of t e attac a Custody Conc a on sport, it is ordered and directed as follows: 1. The prior Orders of this Court dated December 13, 1999 and September 26, 2000 are vacated and replaced with this order. 2. The parties shall engage in a course of counseling, for a minimum of 6 sessions, with Guidance Associates or the office of Pauline Wallin as agreed at the Custody Conciliation Conference. The purpose of the counseling shall be to resolve conflicts between the parties and to assist the parties in developing sufficient communication and cooperation to enable them to effectively coparent their child. The parties shall select and contact the counselor within 10 days of the date of this order to schedule the first session. The parties shall follow the recommendations of the counselor with respect to the frequency and duration of counseling. All costs of the counseling which are not paid by insurance coverage shall be shared equally between the parties. 3. After participating in two joint counseling sessions as provided in the foregoing provision, the parties shall schedule a joint meeting with the Child's teacher to obtain information concerning the Child's behavior and performance in school. 4. The Father, Matthew Scott Boughter, Sr., and the Mother, Bonnie Ann Toner, shall have shared legal custody of Matthew Scott Boughter, Jr., born September 28, 1993. Each parent shall have an equal ri3ht, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 5. The Mother shall have primary physical custody of the Child. Co. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. when the Father shall pick up the Child at the Mother's residence, through Monday morning before school. The Father shall also have custody of the Child every week from Wednesday when the Father shall pick up the Child directly from school through Thursday morning before school. If the Child does not have school on a day when the Father is to return custody, the Father shall return the Child to either the Mother's custody or to the designated care provider at 12:00 noon. 1'} j1 7. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 7:00 p.m. through Christmas Day at 12:00 noon, and Segment Be which shall run from Christmas Day at 12:00 noon through December 26 at 7:00 p.m. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The mother shall have custody of the Child during segment A in even numbered years and during Segment B in odd numbered years. B. _THANKSGIVING: In every year, the Mother shall have custody of e Ct?i Ch ld on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Father shall have custody of the Child on Thanksgiving Day at 2:00 p.m. through the following Friday at 12:00 noon, unless the Father's regular weekend period of custody falls immediately after, Thanksgiving in which event the Father shall retain custody of the Child through Sunday at 5:00 p.m. C. ALTERNATING HOLIDAYS. The parties shall alternate having custody of the Child from 9:00 a.m. until 7:00 p.m. on the following holidays: New Years Day, Easter, Memorial Day, July 4th and Labor Day. The alternating holiday custody schedule shall begin with the Mother having custody of the Child on Easter in 2001. D. MOTHER'S DAY/FATHER'S DAY: The Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. and the Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. E. CHILD'S BIRTHDAY: In the event the Child's birthday falls on either a Saturday or Sunday, the Mother shall have custody of the Child on his birthday from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take pvecedence over the regular custody schedule. 8. Each party shall have custody of the Child for 2 consecutive or non-consecutive weeks each year during the summer vacation. Each party shall provide notice to the other party by June 1 of each year of the specific dates he or she has selected for summer vacation custody under this provision. The party who provides notice first shall receive preference in his or tier selection of custody periods under this paragraph. 9. Unless otherwise agreed between the parties, the Father shall be responsible to provide transportation for all exchanges of custody under this Order. Both parties shall ensure that the Child is transported in the back seat of their vehicles at all times. 10. In the event either party is not available, due to extenuating circumstances at the time of the scheduled exchange of custody (and is not able to arrange for another responsible adult to be present on his or her behalf) that party shall notify the other party in advance either by telephone or written note. 11. The noncustodial parent shall be entitled to have reasonable telephone contact with the Child. Each party shall ensure that the Child initiates telephone calls to the other parent while the Child is in his or her custody. 1 12. Neither party shall do or say anything which may estrange the Child Fran the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties comply with this provision in the presence and hearing of the Child. 13. This Order is entered pursuant to an agreement of the parties at a Custody this Conciliation mutual consent. e In the absence of may mutual ycothe nsentw the provisions terms of this Order shall control. BY THE COURT, gar Bay e , J. cog Jerry A. Philpott, Esquire - Counsel for Mother John F. King, Esquire T Counsel for Father In Testimony vih:r :f, I I'.; o,t0 sot my hand and P,1 seal ro7f sai C" t at? Isle, Pa. Thl ?. Prothonotary BONNIE ANN TONERt Plaintiff Vs. MATTHEW $COTT BOUGHTER, SR.r Defendant PRIOR JUDGE: Edgar B. Bayley t IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, PENNSYLVANIA t t N0. 96-777 CIVIL TERM t t CIVIL ACTION - LAW t IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACOORDAk,;Cr WITH aMBERLW COON'PY RULE OF CIVIL, PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following' report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF Sim Matthew S. Boughter, Jr. September 28, 1993 CURRENIT,Y IN CUSTODY OF Mother 2. A Conciliation Conference was held on February 20, 2001, with the following individuals in attendance: The Mother, Bonnie Ann Toner, with her counsel, Jerry A. Philpott, Esquire, and the Father, Matthew Scott Soughter, Sr., with his counsel, John F. King, Esquire. 3. The Conciliation Conference was scheduled on the Mother's Petition for Modification, subsequent to which the Father filed a Petition for Contempt and Modification. After review of the transcript of the support proceeding in Franklin County during which the parties discussed the existing custody arrangements (which were subsequently entered by stipulation by this Court), the Mother acknowledged thst she had misinterpreted provision number 5 governing reversion back to the prior custody schedule. 4. The parties were able to reach an agreement as to the outstanding custody issues and the Conciliator recommends entry of an Order in the form as attached. Dawn S. sundayr Esqu e Custody Conciliator N 0 T E S „ LA Chozq of o? 0 ?JeA- )V 4/tk-iyl,- oti PNCBIEBOK ERA G E, C ? ? . rl? x ii n I. i A// ? emu, 2 ???? ?''? 044, IMP? PEA/ duj J? ° f ? r h ? 1 I I I 1 1 ?. r 1 ? 1 ? r ? •w r 1 II i ? i I I I 1 r I I 1I' I' I 1 I 'I I 1 I I I 1 i, ?'?? 11 1 I I I ( 1 I I I 1 I. ? - I. 1 ? ' I Ir ? i I'. 11 1 I '; I 1 1 1 1 I ? I 1 1 1 i I 1 1 I ( 'i 1.. I I 1 I 1 1 1 I i i ? I I 1 ' 1 r ? 1 '. ' I ?I I I I I ' I i h r 1 1 1 I I 1 ,1 1 1 ' I III ' ? 1 ?. 1 I I I I I ill 1 a 1 1 1 I 1 I . 1 I I I ,1 a I i 1I, it I ,I r 1 I I I 1 1 1: 1 r 1 I I I. 1 1 -,. 1 I I 1 I I i 1 1 1' 1 r.'?i. it I I'' rl I Il ? Ii 1 i .. I I 1 1 i1 I ' I I I 1' _' I 1 I ` 1 1 I I I ' 11 , 1 I 1 ' ? I I' is 1 II I f ( I I 1 I 1 1 1 r I .I '. I,. 1 I I I '.1 ?, ' I 1 '1 IL1 I ' 1' i,' `I , Ilri I 1 'i I, I I, - I ,1 1 l 1 ,' ? V I , I ?.I it ? ?? ? If I . I ? I - I ,1 ,I.I -- - ? I , I I I 1 ? I I I I I (lf 4 • 1 1 1 i ? 'I - tr f ; A .. r 1 'I I ?. Ir 1 I . ' r 1 .1 r i I *rI ?i r i? i 1 a I ' 1 I l .IL fl 1 1- ?? _,'; 1. 1 . ? I I Y I ?. 1 1 '..1 ... ..., BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PF.NNSVLVANIA vs. ) No. 96-777 CIVIL TERM MATTHEW SCOTT BOUCHTFR, SR., ) Civil f.etion - Law Defendant/Petitioner) In Custody CF.RTIFICATI; OF SERVICE I, Michael S. Travis, certify that I have this day served a true Laid correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as follows; Bonnie M. Toner 35 Stoney Run Road Dillsburg, PA 17019 (via certified U.S. mail and regular (1.S. mail forwarding and address correction requested) Bonnie M, Toner 1001 School Fiouse Lane Lewisberry, PA 17339 (via certified U.S. mail and regular U.S, mail forwarding and address correction requested) Date, a. y_ c>'S Ic ae S. routs ID No. 77399 4076 Market Street, Suite 209 Camp Flill, PA 17011 (717) 731-9502 Attorney for Petitioner I ?. .... ?fl, .r. I .? , ... , I , 1 II 1. 1 I ?. , r i 1111 r ? ? 1 i I 1 rl 1 I I I I? ?. ai ? I°? I ? I 'I ? 1 I I I' I I I I - _ r 1 u r l 1 1 1 II a I.i'.I 1 . I ? ? I a a 1 1 1 - 41 I I 1 ,I .r 1 I a r 1 I 1.:. I I I Ir I I`... 1 1? i I I II I 1 a I I I a, r I 11 I rl I 1 I I I , ?I 1 1 I I i a1, I I I I 1 1 1 i ? I , r i I I y r I . , I I I 1 I- it I1 I p ,II I 1 I I ' 4 'I 1 1 I 1 11 I I I i a I i I 1', 1 i II I.? Il I it , 1 II'I. 1 I a . i I ? rtt ? 1], ' I 1 I la A 5'y, fll .-u I ? 11 7r1, .'I?? ? i, I 1 111 I 1 , ? 1?1?. I 'J _'?1 ' I .1 _. , I? 1 it I ? ? ,r .:I , ' 1 11 1 ,r ' 1 ?? ,,, ' h til I ..r?; ?. 1 1 l 1 , 1 I'_ , '' 1 1 1 1, ai r ? i I 1. 1 I. 1 I ? 1 , r i a I rlr 1 ,1 ' ? 1 I ' I I I a. ?,1, , r 1 1 I n 1i 1 r I i 1 ! i I al .. I, i 1 1 I I i I I I ?! ? I i.1=1 1 !1 1.. I I. '..1 r 'I 1 a r I? t 'I '? I I I 1 r it ' a I `III' I 1'1? I1 I 1? q 'I I I I 1 .t 1, I, ? 1 I II ? I' I I. I ' 1 f I 1' I 1 ? I I ? ? 1 I ') 11 I I I i'j 1!?1 II 1 ,1 II ? I - ?, , _ 11 I 4 ,4 j ?. I a y 1 I ?-II 11 i r ?? ? 1 ? 1 I 1 ? r I r l i AS Of MATTHEW S. BOUQHTER, SR. ; CUMBERLAND COOUNTY, PENNSYLVANIA Plaintiff vs., 96.777 CIVIL TERM BONNIE ANN BOUGHTER, Defendant CIVIL ACTION LAW IN RF PFTITIQN FOR EMERGENCY RELIEF ' , ORDER AND NOW, this y day of February, 1996, it rule is issued on the defendant to show cause why the parties shall not share physical custody of the minor child, Matthew Scott 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, r I I i I , 1 ? G.J y ) S.. ? I k' y ral 1 . ~ z t k' ?. Chi ? < z i m 0 O n N n = Irj C &' D: d = 0 13, A. .? . .tYl??,,•II R r r I I r , , nl )t4Y 1 MATTHEW SCOTT BOUGHTER, SR,, Plaintiff Vs. BONNIE ANN BOUGHTER, Defendant I t IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, t PENNSYLVANIA t ' t NO. (JU.9-11 CIVIL TERM ;t p CIVIL ACTION - LAW t 1W-DiVOROR/CUSTODY ORDER OF COURT I AND NOW, this day of February 1996, upon presentation and consideration of Petitioner's Petition For Emergency Relief, it is hereby ordered and Decreed that Petitioner, MATTHEW SCOTT BOUGHT£R, SR., shall have temporary primary physical custody of said minor child, MATTHEW SCOTT BOUGHTER, JR, until final order of court. 1 J MATTHEW SCOTT BOUGHTER, SR., Plaintiff vs. BONNIE ANN BOUGHTER, Defendant t IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, t PENNSYLVANIA t t NO. (JU,.-7^77 CIVIL TERM t t CIVIL ACTION - LAW t IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of February 1996, upon presentation and consideration of Petitioner's Petition For Emergency Relief, it is hereby Ordered and Decreed that Petitioner, MATTHEW SCOTT BOUGHTER, SR., shall have temporary shared physical custody of said minor child, MATTHEW SCOTT BOUGHTER, JR, on a week on week off basis, until final order of Court. r I I J. 1 1 MATTHEW SCOTT BOUGHT£R, SR., t Plaintiff t t t Vs. t t BONNIE ANN BOUGHTER, t Defendant t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q(, '!'7'/ CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY PETITION FOR gNRecFNCY RELIEF AND NOW, comes Your Petitioner, MATTHEW SCOTT BOUGHTER, SR., by and through his attorneys, BATURIN & BATURIN, and respectfully avers as follows: 1. Petitioner is MATTHEW SCOTT BOUGHTER, Sr. who currently resides at 106 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Respondent is BONNIE ANN BOUGHTER, whom petitioner believes is currently residing with either her boyfriend at 425 Brook Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055, or with her parents at 22 West Factory Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are the natural parents of one minor child, MATTHEW SCOTT BOUGHTER, JR., born September 28, 1993, during the natural parents' marriage. 4. Said child has resided with both parents since his birth until the Respondent moved out of the marital residence without notifying the Petitioner on or about February 10, 1996. 5. Respondent left the marital residence for several days at a time and for weekends during January and the first week of February 1996. I 6. During the times Respondent left the marital home, she would not take said child with her. Respondent would not see said child unless Petitioner asked her to visit with said child for the sake of the child. Petitioner would then take said child to Respondent for a visit. 7. However, on or about February 10, 1996, Respondent moved out of the marital residence with said child without notifying the Petitioner. 8. Respondent has informed Petitioner that she will not let Petitioner see his son. 9. Petitioner does not know where Respondent and his son are residing. Petitioner believes that Respondent is either living i with her parents or her boyfriend. 10. Respondent does not have a motor vehicle. 11. Petitioner has said child's clothes, toys, and baby bed with him in the marital residence. 12. Petitioner has the baby car seat in his motor vehicle. 13. Petitioner is extremely concerned about the Welfare of said child. ?i . 2 - 14, Said minor child has never been separated from his natural father, Petitioner, and Petitioner fears for his child0s mental and physical well-being. 15. Petitioner has filed a Child Custody Complaint contemporaneously with this Emergency Petition For Relief. WHEREFORE, Your Petitioner, MATTHEW SCOTT BOUGHTER, SR., respectfully requests that Your Honorable Court enter an Order granting either temporary physical custody of the minor child, MATTHEW SCOTT BOUGHTER, JR., or temporary shared physical custody to Your Petitioner, MATTHEW SCOTT BOUGHTER, SR., until further Order of Your Honorable court. Respectfully submitted, BATURIN & BATURIN -C. By Madelaine N. Baturin Attorney ID #68971 Attorney for Plaintiff 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Date:, February 13, h996 - 3 - i I I I I VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS PETITION 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. SECTION 4904 RELATING TO UNBWORN FALSIFICATION TO AUTHORITIES. I DATE: February 13', 1996 , ,. I r I r 1 I 1 / 1 I r. r ) , r r 1 I 1 wow I MA'rl'fum kurl BI) orm, SR., C IN THE COURT OF COMMON PLEAS Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA I vs, t No. CIVIL TENM I BMIR ANN HOl1GII'MR, I CIVIL ACTION - LAW Defendant t CUSTODY/VISITATION AND NOW, thia941r\ day of 1996, upon consideration of the attached Complaint, it i hereby iregtad at the parties and theft tespectlve counsel a ear before ty.,.') _ 11 ) Hv the cunut l latot , at p ACI ? . M c:.r St..Mrrvw. ,` on" the %drv-day of --P"ktrch,, 19915, at .m., for a Pre-Hearing Custody Conterenc-e, Al such Cunfetenoe, an effort will be made to resolve the issues in dispute; or it this cannot be accomplished, to define and narrow the issues to be heard by the Cuutt, and to enter into a temporary order. All children aqe five or older may ulno he present at the conference. Failure to appear dt the cunletence may ptuvlde grounds for entry of a temporary or permanent ordet. FOR THE COURT, By ?.) Custod Conciliator f l The Court of Common Pleas of Cumberland County Is require by law to comply with the Americans with Disabilities Act of 1990. Fur infnlmnllon about accessible facilities and reasonable acconvnodattons avatlaLle to dt:,,,hled individuals having business before the court, pledge "01itI,•t our nllire, All arrangements must be made at least 72 houts pt tot to ai,y heartnq ui bustnesn before the Court, You must attend the scheduled conlerence. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE One Courthouse Square - 4th FL Carlisle, PA 17013 OVA, (717) 240-6200 "0% I MATTHEW SCOTT BOUGHTER, SR., t IN THE COURT OF COMMON PLEAS Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA vs. t NO, Civil Term BONNIE ANN BOUGHTER, ; CIVIL DIVISION - LAW Defendant IN CUSTODY AND NOW, comes the Plaintiff, MATTHEW SCOTT BOUGHTER, OR., by and through his attorneys, BATURIN 6 BATURIN, and respectfully sets forth the Plaintiff's Complaint as follows: 1. The Plaintiff is Matthew Scott Boughter, Sr„ an adult individual, sui iuris, residing at 106 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Bonnie Ann Boughter, an adult individual, sui iuris. 3. The Plaintiff believes that the Defendant is either residing with her boyfriend at 425 Broolt Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055, or with her parents at 33 West Factory Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. The Plaintiff and Defendant are the natural parents of MATTHEW SCOTT BOUGHTER, JR., a minor child, born September 28, 1993, being 2-1/2 years of age, Said minor child is the subject of this Custody Complaint, 5,. Plaintiff and Defendant were married on August 19, 1993, and are presently living separate and apart, 6. Defendant moved out of the marital residence on or about February 10, 1996. 7, Said minor child has resided at the following addresses since birth: UD= DM PONS R ESIDED WITH Twin Hills Road Dillsburg PA 09/2S/93(Date of bi rth) Natural father and , to 02/94 Natural mother 520 Birkshire Lane Mechanicsburg, PA 02/94 to 09/94 Natural father and Natural mother 77R Autumn Lane Enola', PA 10/94 to 09/95 Natural father and Natural mother 106 West Green Street Mechanicsburg, PA 10/95 to 02/10/96 Natural father and Natural mother ' UNKNOWN 02/10/96 to present Natural mother 8, Plaintiff/Natural father seeks full legal and pr imary physical custody of Matthew Scott Boughter, Jr, 9, Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the aforementioned minor child. . 2 - 10, Plaintiff has no information of a custody proceeding concerning the minor child pending in a court of this commonwealth. 11. Plaintiff knows of no other person or party to the within proceed iq, who has physical custody of Natthew Scott Boughter, Jr. or who claim to have custody or visitation rights with respect to him. 12. The best interest and permanent welfare of the said minor child will be served by granting the relief requested because; a. Plaintiff /natural father is well able to adequately provide for the continuing health, educational needs and general welfare of the child; b. Plaintiff/natural father is well able to adequately provide the said child with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; c. Defendant/natural mother does not drive which is a hardship if said minor child needed emergency care; d. Defendant/natural mother had left said child with the Plaintiff/ natural father and deserted them and then refused to return said child to Plaintiff /natural father after he let Defendant/natural mother see said minor child. e. Plaintiff /natural father is able to provide said child with a stable environment. Defendant/natural mother is not able to provide said child with a stable environment. . 3 - f, It i4 in the best trinterest of the "id 'child generally that primary physical and legal custody be granted to the natural father, Matthew Scott Boughter, Sr., plaintiff herein, r WHEREFORE, Plaintiff requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final order granting primary legal and physical custody of said minor child, Matthew Scott Boughter, Jr, to the Plaintiff, Matthew Scott Boughter, sr, Respectfully submitted, BA'1'URIN 6 BATURIN BY' Madeleine N. Baturin, Esquire' Attorney I,D, No, 68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 (Attorney for Plaintiff) Datedc February 13, 1996. 1 r 1 1 rl 1 I 1 1 1 i 1 - -4 r 1 I 1 VEMICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT 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 16 PA.C.S, SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, DATE: February 13, 1996 ( (SHAI ) I , 1 1 , I -5- i tp `1 Yti 0 I , I T ( ? M ?I , CL r 4 of m ? ' n ca U. Z W ° > 4{ Z S? a ?? ? m ff??LL h ? n N ? V? T F ' O C i I I MATTHEW SCOTT BOUGHTER, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA iraaintiff Vs. No. 96-777 CIVIL TERM BONNIE ANN BOUGHTER Defendant CIVIL. ACTION --CUSTODY ORDER OF COU11T AND NOW. upon consideration ofthe attached complaint, It is hereby directed that the parties and their respective counsel appear before tsy g _ x ('j0.-' _ the conciliator, a0 d lkn'I,,v_nrjJ" b`h the _ _' 7 __day of 1 `,h r:n: ,c- r --- 1921. at __.?.m., for it 11re-I learing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this carrot be accomplished, to define and narrow the issues to he heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR T IE COURT, by; 1(.c Custody Conciliator 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. YOU SHOULD TAKE TIIIS PAPER '10 YOUR LAWYER A'I ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO' 10 OR 'FELGPI[ONF'I HE OFFICE SEir FORTH BELOW TO FIND OU I' WI WRE YOU CAN GET LEGAL HELP. CUMBERLAND COUN]Y BAR ASSOCIATION LAWYER REFERRAL. SFRVIC'E 21.I11FRTY AVENUE CARLISLE, PA 17013 (717) 249-3166 I i i t I r • . _. LN? ? U?if0 ???4 MATTHEW SCOTT BOUGFITE:R, SR. Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PE:NNSVLVANIA No. 96-777 CIVIL TERM BONNIE ANN BOUGHTER Defendant CIVIL ACTION --CUSTODV PETITION FOR CIISI'OU AND COMES NOW, MA'I'I I11?W S. BOU6111 I{R, SR., by his attomcy, Timothy J. Colgan, Esq., and tiles the following Petition: 1. Petitioner, MA'I'1 I II?W S. BO11611TER, SR, resides at 3736 Rutherford Street, Harrisburg, Dauphin County, Pennsylvania 17111. 2. Respondent BONN IF. A. BOUGHTNR's (now known as Bonnie Dymond) last know address was 1201 Apple Drive, Mechanicsbusrg, Cumberland County, Pennsylvania 17055. 3. Petitioner is the naturul father ofone minor child, MA'fTHI?W S. BOUGIITF.R, JR., bom 9/28/93. 4. Respondent is the natural mother of the minor child. 5. Plaintiff and Defendant were married on August 19, 1993 and were divorced in 1996. 6. Respondent has been the primary physical custodian of the minor child since the separation of the panics in February 1996. 7. The child has resided at numerous unknown locations since the separation of the parties in February 1996. -.A 8, Petitioner believes it Is in the hest interest of the minor child to have primary physicul custody confirmed In him, 9, The Petitioner has participated us a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is; Bonnie A. Boughter v. Matthew Boughter, 94-1982 Civil Term, Protection from Abuse and Custody. 10. No other person or persons aside from the parties hereto asserts a right of custody or visitation with respect to the minor child. W1iF.RF.FOREi, Petitioner prays that the Court enter an Order granting him primary physical custody of the minor children. Respectfully subbmmitttted,,?,,?.?. Dated, lD -? - ?9 A ?a Timothy ? , :s c WILEY, LE:NOX & COLGAN, P,C, I South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 , 11 r l I VERIFICATION I, MA?I n- W HUUGHTER. verity that the statements made In this document are true and correct to the best of my knowledge, Intiormution, and W, ier, I understand that false statements herein are made subject to the penalties of 18 Pu. CS. §4904, relating to unsworn falsification to uuthorities, -?) 9 Date: _A 0 q _ MATTHE W Plaintif ' i I _ II i I ! 1 1 I 1. I , I I,. I I I I I `. I I tll. I I r r'?,.1 1 11 I I 1 ' ? ? 1 , 1 11 ' I 1 1 .y I II t I 1 I it , `' I? t i I I I I f 1 ? 1 1 1 , 1 11 Ii 1 1 11 1 ` I I ,I I '1 7!1 i r1, Y tll? t 1 I F ?1 1 1 1 1 '{ , 1 l 1 1 t( 1 !i 11 1 I- 11 1' ? 1 T'i?1f it tlf? 5 {}I p I 1 I 1 , r i l . 1. ' „ 1 ,11 1 III I Ilk _1 111' A EI ? 1 1 ' - - ? ! 1 1 I II' '? 7_ r l ?i 71y 7 ` 1 ' ,?.? , idt Ifc , 15 1 1 ??r y??lt l? 1,7 1, 1y 71? ! Ir, I 1 t1 ? 1 rI 11 1 Ih,YS 1 It(YI ? ?11 ? 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I I ,r ' i I r. 11 1 I ? r II, I I l1 i ,1 1 ' 1 r 'I. 1 I 11 I , I I.Ir I Ir e 1 ' I I r 'I 1 I 1 _rl ' I I i'1 ' ?r r ' 1 1 q..l " 1 1'! 11 rl . II r 1 I` t i I 1 I 1 1 ' r ' I 1 1 11 I 1 r 1 r r 1 .1 ' I. r'1 i ' r 1 . li ; ,11 it r 11 1 1 1 r I 1r A+ A I 1 1 I 1 r ' I '. r 1 1 1 I 1 1 , 1,1 r r 1 I I I 1 I 1 ?J I ? 1 Il I I I , ? I I ?. 1 I r rl ? 1 1 1 I , 1 1 1 i I 111 i 1 I I ? 1 i I 1 rl , 'I I _ I , - r I ? I 11 II r r r., I r 1 DEC 1 U '1999'-N MATTHEW SCOTT BOUGHTER, SR., t IN THE COURT OF COMMON PLEAS OF Plaintiff c CUMBERLAND COUNTY, PENNSYLVANIA t vs. c No. 96-777 CIVIL TERM t BONNIE ANN BOUGHTER, c CIVIL ACTION - LAW Defendant a IN CUSTODY CRDBR or ODURT MID NDW, this ! 1 day of consideration of the atta-died Custody and directed as follows: 1999, upon ACA Cowl at on Report, is ordered 1. The prior order of this Court dated April 10 1996 is vacated and replaced with this Order. 2. The parties shall engage in a course of counseling (for a minimum of 6 sessions) with a professional selected by agreement. The purpose to effectively coparentctheir counseling the skil s andmutualacooperationstotenathe ble parties Child. The parties shall equally share all unreimbursed costs of the counseling. The parties shall select and contact the counselor (for the purpose of scheduling the first session) within thirty days of the date of this order. 3. The Father, Matthew Scott Boughter, Sr., and the Mother, Bonnie Ann Dymond (formerly Boughter) shall have shared legal custody of Matthew Scott Boughter, Jr., born September 28, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 4. The Mother shall have primary physical custody of the Child. 5. The Father shall have partial physical custody of the Child on alternating weekeneek following theoFather's through reg regular weekend period•of weeks In addition, during g custody, the Father shall have custody of the Child from Tuesday at 6:30 p.m. through Wednesday morning when the Father shall take the Child to The Mother's Custody at 12:00 Tuesday custody shall Child does rnot haves Child to the begin on Tuesday, December 21, 1999. I 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISPRUS: The Christmas holiday shall be divided into Segment Ar which shall run from Christmas Eve at 7:00 p.m. through Christmas Day at 12:00 noon, and segment Be which shall run from Christmas Day at 12:00 noon through December 26 at 7:00 p.m. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. Ah in even numbered have custody during Child during segment Segment B in odd numbered years. Be THANKSGIVING: In every year, the Mother shall have custody of t e Ch d on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Father shall have custody of the Child on Thanksgiving Day at 2:00 p.m. through the following Friday at 12:00 noon, unless the Father's regular weekend period of custody falls immediately after Thanksgiving in which event the Father shall retain custody of the Child through Sunday at 5:00 p.m. C. ALT WTING HOLIDAYS: The parties shall alternate having custody of the Child from 9:00 a.m. until 7:00 p.m. on the following holidays: New Years Day, Faster, Memorial Day, July 4th and Labor Day. The alternating holiday custody schedule shall begin with the Mother having custody of the Child on New Years Day in 2000. TflFR'S DAY: The Father shall have custody of p. M----R'S DAY/FA the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. and the Mother shall have custody of the child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. E. CHILD'S BIRTHDAY: In the event the Child's birthday falls on either a Saturday or Sunday, the mother shall have custody of the Child on his birthday from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Each party shall have custody of the Child for 2 consecutive or non-consecutive weeks each year during the summer vacation. Each party shall provide notice to the other party by June 1 of each year of the specific dates he or she has selected for summer vacation custody under this provision. The party who provides notice first shall receive preference in his or her selection of custody periods under this paragraph. 8. The Father shall be responsible to provide transportation to and from the Mother's residence for all exchanges of custody under this order. 9. During the exchanges of custody, either the Mother or the person relinquishing jurisdiction of the Child on the Mother's behalf shall remain in the mother's residence and the Father, or the person picking up the ensure«thate theyeand other thirdl par ies participating in pe changes shall of custody behave civilly and cooperatively during the exchange to promote the Child's beat interests. 10. In the event either party is not available, due to extenuating circumstances at the time of a scheduled exchange of custody (and is not able arrange for another n responsible partye in advance either her behalf) f) that party shall notify the telephone or written note. 11. Neither party shall do or say anything which may estrange the Child from the other parent, inure the opinion of the Child as to the parent. Bot development other parents hamper the other free and shall ensure i love and respect for that third parties comply with this provision in the presence and hearing of the Child. 12. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify prov of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. cc: Timothy J. Colgan, Bonnie Ann Dymond, Esquire - counsel mother ?p,'13? 14. for Father MATTHEW SCOTT BOUGHTERP SR., Plaintiff va. BONNIE ANN BOUGHTER, Defendant PRIOR JUDO: Edgar B. Bayley t IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, PENNSYLVANIA t e No. 96-777 CIVIL TERM t t CIVIL ACTION - LAW e IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CI)IBERI.AND COUNTY RULE OF CIVIL PROCEDURE 1915.3-B, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew S. Boughter, Jr. September 28, 1993 Mother 2. A Custody Conciliation Conference was held on December 71 1999, with the following individuals in attendance: The Father, Matthew S. Boughter, Sr., with his counsel, Timothy J. Colgan, Esquire, and the Mother, Bonnie Ann Dymond, formerly Boughter, who is not represented by counsel in this matter. 3. The parties agreed to entry of an order in the form as attached. Dat //?? 0 Cdr l? e 1 Ph 1999 f^Lc?11i" Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF ,rim. 9'° JUDICIAL DISTRICT OF PI?NNSYLVANIA CUMBERLAND COUNTY BRANCH Matthew Scott Boughter, Sr., vs, Plaintiff, Bonnie Ann Dymond (formerly known as Boughter), Defendant, Civil Action • Law No, F.R. if 96 .- 777 Custody ORDER OF COURT NOW, 2000, the Court having reviewed the attached Stipulation and Agreement, hereby orders that the Court's prior Order of December 13, 1999, shall be ntoditied as t'ollows: 1. Matthew Scott Boughter, Sr„ ("Father') and Bonnie Ann Dymond ("Mother') shall have shared legal custody of Matthcw Scott Boughter, Jr., bom September 28, 1993 (hereinafter referred to as "the child"), 2. Paragraph 5 of this C'ourt's prior Order dated December 13, 1999, shall be modified to provide that Father shall have partial physical custody every weekend beginning September 8, 2000, from Friday at 6:00 p.m. through Monday morning when he shall return the child to school, 3. Father shall have partial physical custody on alternating,rucsdays from 6:00 p.m. until the following Wednesday morning when he shall return the child to school effective September 12, 2000, 4. Father shall also have partial physical custody from January I through January 31 in the year 2001. Said month of partial physical custody shall be exercised for a trial period, and the parties shall further discuss the effectiveness of this change to the custody schedule at the end of the month to determine if additional changes are needed, 5. In the event the parties cannot reach an agreement as to the continuation or elimination of this tern of partial physical custody in the month of January, the Court's prior Order of December 13, 1999. shall control as to this point only. G. All other provisions of this Court's Order of December 13, 1999, and not modified above, shall remain in Vall force and effect, By the Court- .. ,, , 0 ... ?-7 IN THE COURT OF COMMON PLEAS OF THE 9"' JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Matthew Scott Boughter, Sr., Plaintiff, Vs. Bonnie Ann Dymond (formerly known as Boughter), Defendant, Civil Action... Law ) No. F. R, # 96 - 777 ) Custody STIPULATION AND AGREEMENT TO MODIFY EXISTING ORDER OF COURT The parties hereto acknowledge their rights and obligations under the Court's Custody Order of December 13, 1999, in the above-referenced matter. The parties hereby agree to modify certain terms of the prior Order as follows: 1. Matthew Scott Boughter, Sr., ("Father") and Bonnie Ann Dymond ("Mother") shall have shared legal custody of Matthew Scott Boughter, Jr., born September 28, 1993 (hereinafter referred to as "the child"), 2. Paragraph 5 of this C'ourt's prior Order dated December 13, 1999, shall he modified to provide that Father shall have partial physical custody every weekend beginning September 8, 2000, from Friday at 6:00 p.m. through Monday morning when he shall return the child to school. 3. Father shall havc partial physical custody on alternating Tuesdays from 6:00 p.m. until the following Wednesday morning when he shall return the child to school effective September 12, 2000, 4. Father shall also have partial physical custody from January I through January 31 in the year 2001, Said month of partial physical custody shall be exercised for a trial period, and the patties shall further discuss the effectiveness of this change to the custody schedule at the end of the month to determine if additional changes are needed. 5. In the event the parties cannot reach an agreement as to the continuation or elimination of this term of partial physical custody in the month of January, the Court's prior Order of December 13, 1999, shall control as to this point only. U, All other provisions of this court's order of December 13, 1999, and not modified above, shall remain in full force and clTect. Plaintiff/Father and Defendant/Mother do verify that they stipulate as set forth above, and the agreements herein arc true and correct to the best of their knowledge and information and belief Witness: Wit= / r, Matthew Scott Boughtcr, Sr. ZtUL Bonnic Ann Dymond I verify that the statements made in this Stipulation and Agreement arc true and correct, I understand that false statements hetcin arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ?' Mutthew Scott Boughtcr, Sr. L verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Bonnie Anne 0 i w + 41 44 o O r I BONNIE ANN TONER, t IN THE COURT OF COMMON PLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA t va. t NO. 96-777 CIVIL TERM t MATTHEW SCOTT BOUGHTER, SR., t CIVIL ACTION - LAW Defendant t IN CUSTODY ORDER OF COURT MID NOW, this 2/1 day of , 2001, upon consideratioon of the attached Custody Conc. at on Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated December 13, 1999 and September 28, 2000 are vacated and replaced with this Order. 2. The parties shall engage in a course of counseling, for a minimum of 6 sessions, with Guidance Associates or the office of Pauline Wallin as agreed at the Custody Conciliation Conference. The purpose of the counseling shall be to resolve conflicts between the parties and to assist the parties in developing sufficient communication and cooperation to enable them to effectively coparent their Child. The parties shall select and contact the counselor within 10 days of the date of this Order to schedule the first session. The parties shall follow the recommendations of the counselor with respect to the frequency and duration of counseling. All costs of the counseling which are not paid by insurance coverage shall be shared equally between the parties. 3. After participating in two joint counseling sessions as provided in the foregoing provision, the parties shall schedule a joint meeting with the child's teacher to obtain information concerning the Child's behavior and performance in school. 4. The Father, Matthew Scott Boughter, Sr., and the Mother, Bonnie Ann Toner, shall have shared legal custody of Matthew Scott Boughter, Jr., born September 28, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 5. The Mother shall have primary physical custody of the Child. 6. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. when the Father shall pick up the Child at the Mother's residence, through Monday morning before school. The Father shall also have custody of the Child every week from Wednesday when the Father shall pick up the child directly from school through Thursday morning before school. If the Child does not have school on a day when the Father is to return custody, the Father shall return the Child to either the Mother's custody or to the designated care provider at 12:00 noon. 7 The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRL91PA3: The Christmas holiday shall be divided into Segment At which shall run from Chrietrtea Eve at 7:00 p.m. through Christmas Day at 12:00 noon, and segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 7:00 p.m. The Father shall have custody of the Child during segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during segment A in even numbered years and during Segment B in odd numbered years. B. THANKSGIVING: In every year, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Father shall have custody of the Child on Thanksgiving Day at 2:00 p.m. through the following Friday at 12:00 noon, unless the Father's regular weekend period of custody falls immediately after Thanksgiving in which event the Father shall retain custody of the Child through Sunday at 5:00 p.m. C. ALTERNATING HOLIDAYS. The parties shall alternate having custody of the Child from 9:00 a.m. until 7:00 p.m. on the following holidaya: New Years Day, Easter, Memorial Day, July 4th and Labor Day. The alternating holiday custody schedule shall begin with the Mother having custody of the Child on Easter in 2001. D• NOTNER'S DAY/FATHER'S DAY: The Father shall have custody of the Ch ld every year on Father's Day from 9:00 a.m. until 7:00 p.m. and the Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. B. CHILD'S BIRTHDAY: In the event the Child's birthday falls on either a Saturday or Sunday, the mother shall have custody of the Child on his birthday from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. Each party shall have custody of the Child for 2 consecutive or non-consecutive weeks each year during the summer vacation. Each party shall provide notice to the other party by June 1 of each year of the specific dates he or she has selected for summer vacation custody under this provision. The party who provides notice first shall receive preference in his or her selection of custody periods under this paragraph. 9. Unless otherwise agreed between the parties, the Father shall be responsible to provide transportation for all exchanges of custody under this Order. Both parties shall ensure that the Child is transported in the back seat of their vehicles at all times. 10. In the event either party is not available, due to extenuating circumstances at the time of the scheduled exchange of custody (and is not able to arrange for another responsible adult to be present on his or her behalf) that party shall notify the other party in advance either by telephone or written note. 11. The noncustodial parent shall be entitled to have reasonable telephone contact with the Child. Each party shall ensure that the Child initiates telephone calls to the other parent while the Child is in his or her custody. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties comply with this provision in the presence and hearing of the Child. 13. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. By THE COURT,,! cc: Jerry A. Philpott, Esquire - Counsel for Mother John P. King, Esquire - Counsel for Father V• O\ w 1 1 .1 I I , r 1 11 ? I: 1 I I 1 I -i.. I ' I ' ? 1 . 1 1 j 1 I 1 11 .. r i I 1 1 r r r 1 I 1 , -:I e II ,1'1 :- e 1 , I l 1 1 J , BONNIE ANN TONER, t Plaintiff e e Va. : : MATTHEW SCOTT BOUGHTER, SR., Defendant PRIOR JUDGE: Edger B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-777 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH cURRENrLY IN CUSTODY OF Matthew S. Boughter, Jr. September 28, 1993 Mother 2. A Conciliation Conference was held on February 20, 2001, with the following individuals in attendance: The Mother, Bonnie Ann Toner, with her counsel, Jerry A. Philpott, Esquire, and the Father, Matthew Scott Boughtee, Sr., with his counsel, John F. King, Esquire. 3. The Conciliation Conference was scheduled on the Mother's Petition for modification, subsequent to which the Father filed a Petition for Contempt and Modification. After review of the transcript of the support proceeding in Franklin County during which the parties discussed the existing custody arrangements (which were subsequently entered by stipulation by this Court), the Mother acknowledged that she had misinterpreted provision number 5 governing reversion back to the prior custody schedule. 4. The parties were able to reach an agreement as to the outstanding custody issues and the Conciliator recommends entry of an order in the form as attached. Date Dawn S. Sunday, Esqu Esquire Custody Conciliator ?^ , MATTHEW SCOTT BOUGHTER, SR. i IN T11F ('OUR'S OF COMMON PLEAS OF PLAINTIFF t CUMBFIMAND COUNTY, PENNSYLVANIA V. t BONNIE ANN'rONER t 96-777 ('IVII. ACTION LAW DEFENDANT t i IN CUSTODY ORDER OF ('OU R'1' AND NOW, this _ 161h day of'. February- , 2001, upon consideration of the attached Complaint. It is hereby directed that the parties and their respective Counsel appear belirre .Down .S._Sunday, Esq. the conciliat at- 39 West Main Street, Mechanicsburg, PA 17055 on the ,ROth day of February 2001, at 9130 a.m. l'or a Pre-hearing Custody ('oni'crence. At such conlcrence, an effirrt will he made to resolve the issues in dispute: or if this cannot be accomplished, to define and narrow, the issucs to he heard by the court, and to enter, into a temporary order. All children age live or older nwy also be present tit the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR "I HE COURT, BY:. /s/ __...._--_.DawiLS?Snnday,D Custody Conciliator rr 'rhe Court of Common Plcos of ('timberland County is required by law to comply with the Americans with Disubilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business belirre 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. YOU SHOULD I'AKG THIS PAPER TO YOUR ATTORNEY ATONCE, IF YOU DO NOT HAVE AN A'TT'ORNEY OR CANNOT AFFORD ONE. 60 10 OR TIATPHONE THE OFFICES SET FORTII BFLOW'EO FIND OUT WI11';ItF YOU ('AN OVI I.IUiAI. 111A.P. Cumberland County Bar Association 2 Liberty Avenue Curlisle. Pennsylvania 17013 'telephone (717) 249.3166 MATTHEW SCOTT BOUGHTER, SR., Plaintiff V. BONNIE ANN TONER, Defendant t IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-777 t CIVIL ACTION - LAW t IN CUSTODY ORDER OF CQURT AND NOW, , 2001, upon consideration of the attached counter-petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2001, at .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if it cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conc 1 ator 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MATTHEW SCOTT SOUGHTER, SR., Plaintiff v, BONNIE ANN TONER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-777 CIVIL ACTION - LAW IN CUSTODY COUNTER-PETITION TO MODIFY CUSTODY AND NOW comes the Petitioner, Matthew Scott Boughter, Sr., by and through his attorneys, Friedman 6 King, P. C., and files this Petition and respectfully represents the followings 1. An Order of Court was entered for custody and visitation by this Honorable Court on December 13, 1999. A true and correct of which is attached hereto and marked Exhibit "A". 2. Portions of this Honorable Court's Order of December 13, 1999 were modified by way of an Order of Court, dated September 28, 2000. A true and correct copy of which is attached hereto and marked Exhibit "B". 3. These Orders should be modified because: A. The Respondent mother has exhibited a pattern of actions designed to aliendte the affection of the minor child, Matthew Scott Boughter, Jr., from his father, Petitioner, Matthew Scott Boughter, Sr. B. The mother has exhibited a pattern of activity designed to interfere with the Petitioner fatherfs visitation and contact with the minor child. c. While in the primary custody of the Respondent, the minor child is required to get up at an early hour in order to attend daycare prior to school, and also is required to attend daycare after school, which the child would not be required to do if in the primary custody of the Petitioner father. WHEREFORE, the Petitioner requests that the Court modify the existing Order for Custody and visitation to allow for primary physical custody to be with the Petitioner father, Matthew Scott Boughter, Sr., because it will be in the best interest of the child. _ Date. Fau..uw...vo .-. P. 0. Box 984 Harrisburg, PA 17108 (717) 236-8000 f/p:domestic\boughter.ctr Respectfully submitted, YELUICALUM I, Matthew Scott Boughter, sr., hereby acknowledge that i am the petitioner in the foregoing action; that I have read the foregoing Counter-Petition to Modify Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 6 ?? e , . Ma t ew Scott Bo iter, Sr. Dated« '3/ I 1 . ? ?. .. it i. "I 1 4 I Y , I I I. ti; +s?1?7J1t'?tM?yt{?'ti?P* :;a ..-1 ,rt - ?. it,t" , r 1 1+ ! 'str? c, h7?ij FItma)MAN & KINII, I (.:. In?V N, nIu uNlr M' 110 14),N M4 IIMgUM11INI1, I'n IPIJI? ?(.•(?wIK-l??a•?. 0171 71n.1aW I I PAX 17171111. nlinl •.././'?(] ?,J?' G? ?jL1 a.??9 .? 11 + 'Aig it [I, ((J I To get this to you promptly, we tune nailing it with- out taking the time to write you a personal note. I: 11'777 t + I ? ati11e.r zr - .. 1 I . . - .?.. ..+..r.. a „•...._ , \ 1 a , l 1 1 , ' LY ' 1 ! i1 1 rl 7r, 1 i I 1 11 / 1 ? I' 1 iii'( 'I• ?, ? } ! I. gyp,,' 1 , I ._ 1 I 141 f p ' ' -I ' ' I f k r 1 i f I o41}ift I I, l ,r!I • 1' ''I 1 , 1- .I ' I. { i. t ?} ? 4 f if, , I 1 1 7 i I I ff-v _, ,I' .1 r r Z 1 1: , ' i ?4f x?l J - I I 1 r ( f i. 1 IC S}(4) jF,?rFt ali; ' ' 'I : f I ?'1 r I :; I }g 1} i 1 : ! I I f ' I t , C ! t4 F}?fi tY y f rf i f I I Gft(,?}I}i 1 1 1 , I ( 1- C?IrI ,Ili, r kk y r ! - it I' .1 1 ' ' I , I f II „ ' I ' 1 ,C , 1 f 11 I ?F Lt5 11 ' '' , 1 I f A •1 i ' 1 i f ` ' I lf??ii ti} f}flr ' fi' 'r 1 1 1 I ? 11 , , i i'r fP , I I 1 t?t a - f i 1 it I r , , I r ' I 1 ? ' ? • ? ? '1 1 II li I di I?If ??L?Y t}} tt 1,1 I 11 ', ' •1 r 1 1 I , ? •. d 1 .. . I F ' ( mA f , t 'I ' - ':r 1 e t, f , . I i 1 p L 1, ? h ' , 3 1` ? I ft ?" , ' , f r I ? ,` ' I 1 7r ' , I I I i} ? 11 I' 1 ' I 1 ' I 1 ( 1 1 I I i 111 } }tef ' ?? ,' .I, r I , ' I I 1 1?1 11 <I , 7 1 '? r i I? ?' ,^ 1 I} " , 9 ' I 1 F I }} t f ,.'11 III ,. 11 i ?I 'ff1 ? 1 1"I 1 ? , r , 1 A ?i _ q i I I ? f?l I}? I f i I' , , I , 11 i t - 4 ' 'rl it I ?? i r I ? ' ? 1 1 I.' ? ? L ' ? • ' ? '7 ? r ' i ( ^ 1 , 'YI I ' 1 ? 1? ^ 8 1 . ! . i 1' , L I 7 1 1 1, , 1 ,1 St ?, ? , 1 r I .I , I. 1 I I ?, by .. 1 . 1 1 ? I 1 MATTHEW SCOTT BOUGHTER, SR. I IN THE COURT OF COMMCN PLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA t vs. t NO. 96-777 CIVIL TERM BONNIE ANN BWGHTERo I Defendant t CIVIL ACTION - LAW I IN CUSTODY w ORDER OF COURT AND Now, this 3 day of (+<,? consideration of the attach Custody Conc at, on Re r 1998, upon and directed as follows: Po t, is ordered 1. The Prior Order of this court dated April 1, 1996 is vacated and replaced with this Order. 2. The parties shall engage in a course of counseling (for a minimum of 6 sessions) with a professional selected by agreement. The purpse of the counseling shall be to assist the parties in developing communication skills and mutual cooperation to enable them to effectively coparent their Child. The parties shall equally share all unreimbursed costs of the counseling. The parties shall select and contact the counselor (for the purpose of scheduling the first session) within thirty days of the date of this Order. 3. The Father, Matthew Scott Boughter, Sr., and the Mother, Bonnie Ann Dymond (formerly Boughter Scott Boughter, Jr., ) shall have shared legal custody of Matthew born September 28, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-em?raenn, clecisiors e.ffectina, the Child's general :ell-being including, but not lirlited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each shall Childt i cl di g,eRbutlO toliall mitedrecords information the information. to, school and medical records and 4. The Mother shall have primary physicgl custody of the Child. 5. The Father shall have partial physical custody of the Child on from Frida at 6 throu Sunday Inta dition,wduri gs weeks following theCF then s reg lar we kend pert p.m, custody, the Father shall have custody of the Child from Tuesday at o6:30 p.m. through Wednesday morning when the Father shall take the Child to school or return the Child to the Mother's custody at?12:OQ noon if the Child does not have school. The Father's periods of Tuesday custody shall begin on Tuesday, December 21, 1999. 1, 6. The "parties shall share or alternate having Child on holidays as follows: custody of the A. CMUsTmAS: The Christmas holiday shall segm be divided into ent A, which shall run from Christmas Eve at 7:00 p.m, through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 7:00 p.m. 'The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even nwnbered years. The Mother shall have custody of the Child during Segment A in even numl,,ered years and during Segment B in odd numbered years. B. G: In every year, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until and the Father shall have custody of the child on Thanksgiving Day at 2:00 p.m. through the following Friday at 12:00 noon, unless the Father's regular weekend period of custody falls immediately after Thanksgiving in which event the Father shall retain custody of the Child through Sunday at 5:00 p.m. C. ALTERNATING HOLIDAYS: The parties shall alternate having Custody of the Child from 9:00 a.m. until 7:00 p.m. on the following holidays: New Years Day, Easter, Memorial Day, July 4th and Labor Day. The alternating holiday custody schedule shall begin with the Mother having custody of the Child on New Years Day in 2000. D. MOTHER'S DAY/FATHER'S DAY: The Father shall have custody of the 7C eery year on Father's Day from 9:00 a,m, until 7:00 p.mthe Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. E. CH='S BIRTHDAY: In the event the Child's birthday falls on ether a Saturday or Sunday, the Mother shall have custody of the Child on his birthday from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7• Each party shall have custody of the Child for 2 consecutive or non-consecutive weeks each year during the summer vacation. Each party shall provide notice to the other party by June 1 of each year of the specific dates he or she has selected for summer vacation custody under this provision. The party who provides notice first shall receive preference in his or her selection of custody periods under this paragraph. The from the m thero'shresidencebforealln exchanges of custody under t this nOrdearnd 9. During the exchanges of custody, either the Mother or the person relinquishing jurisdiction of the Child on the Mother's behalf shall remain in the Mother'a residence and the Father, or the person picking up the Child on the Father's behalf, shall remain in the car. The parties shall ensure that they and other third parties participating in exchanges of custody behave civilly and cooperatively during the exchange to promote the Child's best interests. 10. In the event either party is not available, due to extenuating circumstances at the time of a scheduled exchange of custody (and is not able to arrange for another responsible adult to be present on his or her behalf) that party shall notify the other party in advance either by telephone or written note. 11. Neither forty shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties comply with this provision in the presence and hearing of the Child. 12. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provision of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, 01 ,e u4- :Js U%4.6'._ Edgar B. Bay .Ley -? CV J. cc: Timothy J. Colgan, Esquire - Counsel for Father Bonnie Ann Dymond, Mother spay of .? t e... 19,..2.9 ?? . Prothonotary -.A, MA'4THEW SOO7T BOUGHTER, SR., Plaintiff va. BONNIE ANN BOOGHTER, Defendant PRIOR JUDGE.- Edgar B. Bayley I IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, PENNSYLVANIA t t NO. 96-777 CIVIL TERM t t CIVIL ACTION - LAW t IN CUSTODY CUSTODY CONCILIATION swiARY Rmxw 1915.3-E1, the COORsig ed WnM CWERLAND Conciliator submits the fOllOWing report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CSJRREBfPLY IN CUSTODY OF Matthews. Boughter, Jr. September 28, 1993 Mother 2. A Custody Conciliation Conference was held on December 7, 1999, with Boughter@ fSc low with individuals his i counsel, Timothy n J. Colgan Father, and Matthew the Mother, Bonnie Ann Dymond, formerly Boughter, who is not represented by counsel in this matter. 3. The parties agreed to entry of an order in the form as attached. Date l ?^ F -L9- o. . Dawn S. Sunday, Eaqu re Custody Conciliator , I ,i i Y R? R I? 't is I ? t ,, r, ?N. WALKER& S1't,%cBK1VL OFFICE r BARLEY, SNYDER, SENFT St. COHEN, LLCSEP 2 7 2000 ll 147 LINCOLN WAY EAST, CIIAMSERSSUNO, PENNSYLVANIA 11:01 IN THE COURT OF COMMON PLEAS OF THE 9" JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Matthew Scott Boughter, Sr., Plaintvf, Vii. Bonnie Atut Dymond (rormerly Mown as Boughter), Defendant, Civil Action - Law No, RR, # 96 - 777 ) ) 1 Custody ORDER OF COURT NOW. i , 2000, the Court having reviewed the attached Stipulation and Agreement, hereby orders that the Court's prior Order of December 1,3, 1999, shall be modified as follows: t. Nlatthcw Scott Boughter, Sr.. ("Father") and Bonnie Amt Dymond ("Mother') shall have shared, legal custody of Matthew Scott Boughter, Jr., born September 28, 1993 (hereinafter referred to as "the child"). 2, Paragraph i of this Court's prior Order dated December 13, 1999, shall be modified to provide that Father shall have partial physical custody every weekend beginning September S, 2000, from Friday at 6:00 p.m. through Monday morning when he shall return the child to school. 3, Father shall have partial physical custody on alternating Tuesdays from 6:00 p.m. until the following Wednesday morriing when lie -hall return the child to school effective September 12, 2000. 4. Father shall also have partial physical custody from January 1 through January 31 in the year 2001. Said month of partial physical custody shall,be exercised for a trial period, and the parties shall further discuss the effectiveness of this change to the custody schedule at the end of the month to determine if additional changes are needed. 5. In the event the parties cannot reach an agreement as to the continuation or elimination of this term of partial physical custody in the month of January, the Court's prior Order of December 13, 1999, shall control as to this point only. ,w b. All other provisions of lhij Court's Order of December 13, 1999, and not above, shall remain in full force and effect, modified By u,p r,,.... MATTHEW SCOTT BOUGHTER, SR., t IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I V. t NO. 96-777 t BONNIE ANN TONER, t CIVIL ACTION - LAW Defendant t IN CUSTODY CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on February rl_, 2001, I served a copy of the within Counter- Petition to Modify Custody, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows. Jerry A. Philpott, Esquire 227 N. High St. P. 0. Box 116 Duncannon, PA 17020-0116 Dawn S. Sunday, Esquire 39 W. Main St. Mechanicsburg, PA 17055 FRIE *AN J., FING,._ P.C._ Jo F. King, Esri u ' 606 N. Second St et enthouse Suite 0. Box 984 Harrisburg, PA 17108 (717) 236-8000 MATTHEW SCOTT BOUGHTER, SR., t IN THE COURT OF COMMON PLEAS Plaintiff c CUMBERLAND COUNTY, PENNSYLVANIA c V, c NO. 96-777 t BONNIE ANN TONER, t CIVIL ACTION - LAW Defendant IN CUSTODY NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defenses or objections. Whether or not you file in writing with the Court your defenses or objections, you must appear in person in court on , 2001 at . M. in court room no. , Cumberland County Court House, 1 Courthouse Square, Carl sle, PA 17013. If the Court finds that you have willfully failed to comply with its order for custody and visitation, you may be found to be in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 r r 1 1. I I ;! YS. n lick j1i f 1 /^ ` n 1 I 1 ?IUEI1MAµ ?K?[lil p1lr lwlx ^MULIrA Ii1?N nnhln?hll (??? ^- m ' 111 N•NP• , ?¢?J.E 1 f 11111 ! f11 ,.d,o• 1 I,n%11171 •'?t 1Nltt?' ?cM1r tt i, , , , we .ac muiliab to y rite P: thi. uu ? 1 TO time k0 w o?1t tukinb llw _ L !fit 1.' "1 17 I I • ; I ?1 I I I r i I 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 business scany heduled hearing must emade conference or c urt. You 7 must hours attend the to before the hearing. BY THE COURTt 1 Dater r r I I , I MATTHEW SCOTT BOUGHTER, SR., Plaintiff V. BONNIE ANN TONER, Defendant : IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, PENNSYLVANIA t t NO. 96-777 : CIVIL ACTION - LAW : IN CUSTODY The Petition of Matthew Scott Boughter, Sr. respectfully represents: 1. The Petitioner is Matthew Scott Boughter, Sr., who resides at 3736 Rutherford St., Harrisburg, Dauphin County, Pennsylvania 17111. 2. The Respondent is Bonnie Ann Toner, who resides at 42 Stephen Rd., Apt. F3, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On September 28, 2000, the Honorable Judge Edgar B. Bayley entered an order awarding Petitioner visitation of the minor child, Matthew Scott Boughter, Jr., born September 28, 1993. A true and correct copy of the Order is attached hereto and marked Exhibit "A" 4. The Respondent has willfully failed to abide by the Order, in that: A. The Respondent has withheld the minor child, Matthew Scott Boughter, Jr., from the custody of the Petitioner. B. In particular, the Respondent, Bonnie Ann Toner, failed and refused to provide the minor child to the Petitioner on Friday, February 2, 2001 at 6:00 p.m., and, in fact, withheld the child from the Petitioner for that entire weekend contrary to the Order of Court of September 28, 2000. C. The Respondent, through her legal counsel, Jerry A. Philpott, Esquire, has indicated it is her position that the Order of Court of September 28, 2000, as it related to the modification of the Petitioner's visitation to allow for every weekend, was temporary in nature, which is contrary to the language of this Court's Order of September 28, 2000. D. The only portion of this Honorable Court's Order of September 28, 2000, which reverted to this Honorable Court's prior order of December 13, 1999, relates to the one month period from January 1 through January 31, 2001, in which the Petitioner father had been granted primary physical custody of the minor child, Matthew Scott Boug Order of December 13, 1999 is attached Exhibit "B". A copy of correspondence which it is stated that the Respondent Court's Order of September 28, 2000 is Exhibit "C". iter, Jr. A copy of the hereto and marked as from Attorney Philpott in will not abide by this attached hereto and marked WHEREFORE, the Petitioner respectfully requests that the Respondent be held in contempt of Court, and Petitioner further respectfully requests your Honorable Court to grant the following relief: A. Order Respondent to pay Petitioner's attorney's fees, costs and expenses incurred in enforcing said order. B. Such other relief as this Court deems appropriate. Respectfully submitted, FRIYKAN, -K INGP,C. Datat ` Jo F. King, Esqu e , /60 N. Second Street IP thouse Suite P. 0. Box 984 Harrisburg, PA 17108 (717) 236-8000 VM FICATION I, Matthew Scott Boughter, sr., hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Petition for (Contempt for Disobedience of Custody Order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. %4,e7 v, S?.zy, 4v? Matthew Scott Bou er, Sr. Dated I 1 1 1 1 r I, I o, 1 I, , 1 l 1 I II' I , i. .1 1. Iii ' r II 1 I 'I 1 1 r , ' .11 r , I ? III ? rl 'I 1 _ I 1 ? ' it I I 11' , 1 1 ' 1 , 1.1 r. I ? ' ' .1 ?' II 1 11 I I '1 ? r l r f I r i , 1 - ij1, I l r 1 , I I.. 1 I I I r, I I ' I i[B l f .. l u 1 I 1 I l - r. I r li I , 11 1. I I'1 1 I I i I I I ,I I 1.1 I I I , , II 1 ' I V I I 1 I 1 1 1 I 1' I 1 1 rl ' rl I? 1 ? 1 I! 1 :I I :1 1 ?I ( 1 1 1 II I 1 , I r? I it I 1 ! ?. 1? r 1 ' { ? I I I 1 I 1 I ' 1 I I ,! 1 I rl I ' ' I 11 I I.1 1 I I ,I ? 1 I r I II I. ( 1 , 1 I ? ' ' 1 1 . 1 .I I I VE I r r 1 • • 1 1 r: • ? 1. n 141 11 1 f M WAL ER & MAcl3K1DE OFFICE r BARLEY, SNYDER, SENFT & COHEN, LLCS?P 2 7 2000 `I h7 LINCOLN WAY EAST. CIAMEER5EURU, PENNSYLVANIA M01 IN TIIE COURT OF COMMON PLEAS OF THE 9" JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTI' BRANCH Matthew Scott Boughter, Sr., ) Civil Action'- Law Plaintj?f, ) vs. ) No, F,R # 96 - 777 Bonnie Ann Dymond ) (formerly known as Boughter), ) Defendant, ) Custody ORDER OF COURT NOW, _, 2000, the Court having reviewed the attached Stipulation and Agreement, hereby orders that the Court's prior Order of December 13, 1999, shall be modified as follows: 1. Matthew Scott Boughter, Sr., ("Father") and Bonnie Ann Dymond ("Mother') shall have shared legal custody of Matthew Scott Boughter, Jr„ bom September 2S, 1993 (hereinafter referred to as "the child"), 2. Paragraph 5 of this Court's prior Order dated December l3, 1999, shall be modified to provide that Father shall have partial physical custody every weekend beginning September 8, 2000, from Friday at 6:00 p.m, through Monday morning when he shall return the child to school. 3. Father shall have partial physical custody on alternating, Tuesdays from 6:00 p.m, until the following Wednesday rooming v.hcn he shall return the child to school effective September 12, 2000. 4. Father shall also have partial physical custody from January I through January 31 in the year 2001, Said month of partial physical custody shall,be exercised for a trial period, and the parties shall further discuss the effectiveness of this change to the custody schedule at the end of the month to determine if additional changes are needed. 5, In the event the parties cannot reach an agreement as to the continuation or elimination of this term of partial physical custody in the month of January, the Court's prior Order of December 13, 1999, shall control as to this point only, 6, All other provisions of this Court's Order of December 13 above, shall remain in fail force and effcct, 1999, and not modified By the Court j / I i I I i U , i F i 1 r , I I Iii I i 1 I I rl 1 , 1 I I 1 I ' 1 , , , I r i 1 I I 1 ,I 1 •I ,. l r ? I II a ' it , , I 1 I i 1 I I ' I I I , 1 r .) 1 ?I' I y. .. y I I I I i I. I 1 I I 1 I I 1 rl I i rf 1 r Irl 1 I ? I I, i .1 r I i I r 1 I I , 1 II I 11 1 ' I i ' I 1 r ( 1 I I r 1 1 I I 1 I 11 1 1 rl. _ ' I I I . 1 ? I I 1 1 , rl r 1 1 - , II I . 1 I 1 I I r . , t I I 1 r; I ' ? I' : I I 1 . I r ,I f _ r , y r r 1 , 1 1 1 I i i I 1 i r i 1 , I 1 , r I 1 t? ' 11 ', 'l I 1 i I I 1 1 .: I 1 1 . . I I -. 1 rr,r , I 11 rl 1 r I , I I 1 ' 1 1 I rr 1 I I , I. 1. 1 r R? 1 I I ! W Y I 1 I Ir r I 1 i. Fy , r is i r I f.` r. 1 ' ? f i' 4 ?,? ? rr r 1 Ir il, I MATTHEW SCOTT BOUGHTER, SR., t IN THE COURT OF COMMON PLEAS OF Plaintiff c CUMBERLAND COUNTY, PENNSYLVANIA t vs, t NO. 96-777 CIVIL TERM e BONNIE ANN BOUGHTER, t CIVIL ACTION - LAW Defendant C IN CUSTODY w ORDER OF COO[M AND NOW, this 3 day of _ A,,;,y (.r.? I , 1999, upon consideration of the attac Custody Conc at on Report, is ordered and directed as follows: 1- The prior order of this Court dated April 1, 1996 is vacated and replaced with this Order. 2- The parties shall engage in a course of counseling (for a minimum of 6 sessions) with a professional selected by agreement. The purpose of the counseling shall be to assist the parties in developing communication skills and mutual cooperation to enable them to effectively coparent their Child. The parties shall equally share all unreimbursed costs of the counseling. The parties shall select and contact the counselor (for the purpose of scheduling the first session) within thirty days of the date of this order. 3. The Father, Matthew Scott Boughter, Sr., and the mother, Bonnie Ann Dymond (formerly Boughter) shall have shared legal custody of Matthew Scott Boughter, Jr., born September 28, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decistors effectin; the r_hild's general cell-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be' entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 4- The Mother shall have primary physical custody of the Child. 5- The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 5:00 p.m. In addition, during weeks following the Father's regular weekend period of custody, the Father shall have custody of the Child from Tuesday at 6:30 p.m. through Wednesday morning when the Father shall take the Child to school or return the Child to the Mother's custody at:12:0q noon if the Child does not have school. The Father's periods of Tuesday custody shall begin on Tuesday, December 21, 1999. .-II 6. The "parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment At which shall run from Christmas Eve at 7:00 p.m. through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 7:00 p.m. 'The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. TBANKSGIVING: In every year, the Mother shall have custody of the Ch ld on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Father shall have custody of the Child on Thanksgiving Day at 2:00 p.m. through the following Friday at 12:00 noon, unless the Father's regular weekend period of custody falls immediately after Thanksgiving in which event the Father shall retain custody of the Child through Sunday at 5:00 p.m. C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child from 9:00 a.m. until 7:00 p.m. on the following holidays: New Years Day, Easter, Memorial Day, July 4th and Labor Day. The alternating holiday custody schedule shall begin with the Mother having custody of the Child on New Years Day in 2000. D. MOTHER'S DAY/FATEMIS DAY: The Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. and the Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. E. =. IS BIRTEDAY: In the event the Child's birthday falls on either a Saturday or Sunday, the Mother shall have custody of the Child on his birthday from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Each party shall have custody of the Child for 2 consecutive or non-consecutive weeks each year during the summer vacation. Each party shall provide notice to the other party by June 1 of each year of the specific dates he or she has selected for summer vacation custody under this provision. The party who provides notice first shall receive preference in his or her selection of custody periods under this paragraph. S. The Father shall be responsible to provide transportation to and from the Mother's residence for all exchanges of custody under this Order. 9. During the exchanges of custody, either the Mother or the person relinquishing jtxisdiction of the Child on the Mother's behalf shall remain .,./A in the Mother's residence and the Father, or the person picking up the Child on the Father's behalf, shall remain in the car. The parties shall ensure that they and other third parties participating in exchanges of custody behave civilly and cooperatively during the exchange to promote the Child's best interests. 10. In the event either party is not available, due to extenuating circumstances at the time of a scheduled exchange of custody (and is not able to arrange for another responsible adult to be present on his or her behalf) that party shall notify the other party in advance either by telephone or written note. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties comply with this provision in the presence and hearing of the Child. 12. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provision of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, Edgar e. Bay-ley II-? J. cc: Timothy J. Colgan, Esquire - Counsel for Father Bonnie Ann Dymond, Mother 1 I ('a day o(.. ce,..,..., 19... ? f 'r, Prothonotary MA'1THEW SOM BOUCHTER, SIR., Plaintiff Va. BONNIE ANN BOUGHTER, Defendant PRIOR JUDO.- Edgar B, Bayley .' t IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, PWNSYLVANIA t t NO. 96-777 CIVIL TERM i t CIVIL ACTION - LAW t IN CUSTODY CUSTODY OONCII..IATICN St.IIIIMy RF?'OECP OMM 1915.3-8, the under"'r ody Ca for ubmit? eFfolloowwinP r 4 port . of this .The 1. The pertinent information concerning the Child who is the subject is as follows: NAME DATE OF BIRTB CURREIIPLY IN CUSTODY OF Matthew S. Boughter, Jr. September 28, 1993 Mother 29 A stcd With the folio ing individualsn in Conference attendance- heTheoFaDtherMatthew 999, Mother, , Sr-i with his counsel, Timothy j.' Colgan, Esquire, and the Mother, Bonnie nie Ann Dymond, counsel in this matter formerly Boughter, who is not represented by . 3. The parties agreed to entry of an order in the form as attached. ?"° ?'-•? ? X994 to Dawn S. Sunday, Esq re "-- Custody Conciliator i 1 ¦' I ..Ok P I I I 1 ' I I 1 I I ,. t'1 , I 1 11 I 1 :I , ?,, I ., I 1 1 i I I ".. 1 L I I I i I. 1 .. 1 I t t? `1 , 1 I I-r. I ' i 1 I ?I I 1 I,1 1 i I,I ?1 r , rl I 1 ' ? A ' t t l ? I I i I ',1 ' ' r , 1 I r I I I 'l ' t It111 1' 1 ' 1, ' 1 I t 1 1 . 1 1 11 II 1 rl I I ' 11 1 I r , I r1 , :I : I 1 I ? , 1 '1 1 11' 1 .. „ I 1 I 1 1 I • I I I I I I 1 ' r 1 I` , ' ' t 1 1 , 11 1' 1 ' I F 1 , , 1 i i,. I ...1 1 I 1 t I"I 1 II 11 i h 1 (A ; 1 1 I . )/ 1 1 1 i t , 1 1? , ? ' . 1 , II t 1 1 1 11 1 r LAW OFFICE OF J*" A Pnllpolt, Eaqulre ATTORNEYS-AT-LAW Kevin E. Prosser, Esquire 227 No, High 6t., PO Box 116 Duneannon, PA 170200116 Richard S, Friedman, Esquire PO Box 984 Harrisburg, PA 17108 File No, of-01.02 RE: Tuner v, Boughter Dear Dick, 717 6343067 FAX 6346437 January 31, 2001 VIA FAX TO 136-80811 'HARD COPY TO F'OLLOIV Myclient wants to make it clearthat shedoes notwant tocontinue the temporary order that was Ineffect from September through January. Yourelientsuggested at awrestlingmatchthat hewouldhave crew weekend in February. Her understanding of the order is that it goes back to the previous order, which is an crew other urcken(! arrangement. The "every other weekend" part of it was in synchronization with her tinloofPwork which neverchanges, which is one weekend on and one weekend oft. February 3 and 4 is a"offwcekend." which is" her weekend" under the previous order. She will not be returning the child to the father for the weekend of February 34. If YOU watt to discuss this with me, give me a cull incere?y, er Jry 'Ipott ?? cCr Ma Toner MATTHEW SCOTT BOUGHTER, SR., t IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA t V. : NO. 96-777 BONNIE ANN TONER, : CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on February P_, 2001, I served a copy of the within Petition for Contempt for Disobedience of custody order, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Jerry A. Philpott, Esquire 227 N. High St. P. O. Box 116 Duncannon, PA 17020-0116 Dawn S. Sunday, Esquire 39 W. Main St. Mechanicsburg, PA 17055 FRI N &"XM P.C. . King, Es u (60207N. Second Strenthouse Suite ! O. Box 984 Harrisburg, PA 17108 (717) 236-8000 MATTHEW SCOTT BOUGHTER, SR., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BONNIE ANN TONER, I Defendant t N0, 96-777 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of June, 2004, the custody order of March 10, 2003, is amended as followst 1. Mother shall have periods of partial physical custody of Matthew S. Boughter, Jr„ born September 281 1993, on alternating weekends starting at 5:00 p,m, on Friday and ending at 6:00 p.m. on Sunday, or if Monday is a holiday, ending at 6:00 p.m. on Monday. This first period of alternating weekend physical custody shall start at 5100 p.m., Friday, June 11, 2004. 2. The mother shall provide all transportation. 3. If the mother is not going to exercise such periods of temporary physical custody, she shall notify the father not later than 6:00 p.m. on the Thursday preceding the Friday of the alternating weekend. 4. All of the provisions of the custody order shall remain in full force and effect. By the Court, gar y ey, wWi.lliam M. Shreve, Esquire For Plaintiff ' vtsonnie Ann Toner, pro se 419 Old Stage Road 91 Lewisberry, PA 17319, / Sheriff 0 O.03- prs I' ?_ r I ? I I I f I 11. r 11 Y r l I ,r I I I I I 1 1. I Y 1 Y ri - I fi I I Y' 1 ' ' . i fr , I I I tl , I 1 - I 1 I , I I r I' t I . I j,. ? ' 1 r 1. I I r Ir ; 1 I ( t I 1 1 II r 11 I r II , L 1 I I I 1 .f r _ ,I ? I I , rt .. ' I I I r I r I. I I I , 1 r r .; r II n 1 i l i I I I I ? Y I ?..1 'Y i I 1 rl I 1 I 1.1? •' ( ? ? 1 ? 1 -I t I 1 I. Y I ? r 11. r 1 I t I1. 6«1 '?I 11 I , I I• r 1 .f ,LI I i I h' I I ? 11 ;1, -I f ' I al 1 ` rl I 1? 1 I I I -" I I 1 ) 111 .1 II ?I 1 it 1. I I 1 1 , I I ..1Y II - II ll.l_ I tr , I r 1 1 I 1 I I r' 1 11 li, I 1 ' II I .I _t- I I 1 fII _ I r 1 I l Y I 1 r. 1 ,. r I ' I '. r ?1 ' Ili {t I 1 I (. I 111II .Y' I r I, I I' 1 1 t I I 1 1 Y 1 I. 1 I 1 I I I.1 ' I-. ri ? 1 ? I 1 1 I YI l MATTHEW SCOTT BOUGHTER, SR., Plaintiff V, BONNIE ANN TONER, t , IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUN'T'Y, PENNSYLVANIA I I CIVIL ACTION - LAW t t ' Defendant I N0, 96-777 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of June, 2004, following a hearing, IT IS ORDEREDt 1. The petition of the father for special relief, IS GRANTED. 2. Matthew S. Boughter, Jr., is returned to the father immediately under the terms and conditions of the custody order dated March 10, 2003, as amended by an order entered this date. 3. The mother, Bonnie Ann Toner, is adjudicated in contempt for failing to abide by the existing custody order. 4. Final disposition is deferred on condition that the mother continually purge herself of contempt by complying with the terms of the order as amended this daite. aWilliam M. Shreve, Esquire For Plaintiff vironnie Ann Toner, pro se 419 Old Stage Road Lewisberry, PA 17319 Sheriff By the Court, %' t;:&yJ I Ob -03 - 0 prs I ?,- . .j. ?. 1 MATI'IIEW SCOTT 001.1011TER, 8R, I IN'I'Illi CM 1110'01; COMMON PI.FAS Oh PLAINTIFF t CUMIIIAMANI)COUN'FY,PIMSYLVANIA I V. t 90.777 CIVIL ACI ION LAW DONNIE ANN TONER I Dlil'IiNI>AN'' I IN CI IS'iODY ORDER ( ('01! AND NOW, ._^-- p'rWay,.hme 25.2004 upon consideration al'Ihe attached ('ontplaint, it is hereby directed that parties and their respective coun,cl appear before Dawn S. Sunday, F.sy, the conciliator. ul._. 39 West D1aDt Street! Mcchanlcsburg, PA 17055 on Wednesday, August 04, 2004 at I0o00 AI11 for it Pre-licaring Custody Conference. At such conference. an eflimt will be nmde to resolve the issues m dispute! or ifthis cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age live or older may also he present m the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR fill; C'OUIt'1. iiy:-1sL...__...__.Da.wnS,_Sunday, Esq. -____ mhC Custody Conciliator The Court of Common Picas ofC'umbet' land County is required by law to comply with the Americans with Disabilites Act of 1990. For inlirrnuaion about acccssihlc tircilitics and reasonable accommodations available to disabled individuals having hnsinl'ss hefirre file court, please conflict our office, All arrangements must be made at least 72 hours prior to any hearing or business hefirre the court. You must attend the scheduled conference or hearing. YOU SIIOULI ) TAKE TI I1S PAPLR 'f0 YOUR A"1-1 ORNh1' AT ONCE. IF YOU DO NOT IIAVIi AN A'I"I'ORNIY Olt C'ANNO'T At FORD ONF, 60'f0 Olt 'I I'ATNION1'. Tile OFFICE Sr FOlt'I'11 BELOW TO FIND OUT WIIF:RIi yOll CAN 61A' I+GAL 1111.1'. ('unnbcrland t'ounty liar Association 32 South liedfiwd Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 '\I 1-!1'1?' ?}N! 02004 Johnson, Du(Ite, Stewart & Weidner By; Wade D. Manley I.D. No. 87244 Attorneys for Defendant 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043.0109 (717) 761-4540 MATTHEW SCOTT BOUGHTER, SR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO, 96-777 BONNIE ANN TONER, CIVIL ACTION - LAW Defendant IN DIVORCE/CUSTODY tl You, Matthew Scott Boughter, Sr., Plaintiff, have been sued in court to obtain custody, partial custody or visitation of the minor child; Matthew Scott Boughter, Jr, You are ordered to appear In person at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania on .2004. at _.M., for a a conciliation or medlation conference. U a pretrial conference. U a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may Issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled Individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT, J. 10 Johnson, DtIMe, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P, 0. Box 109 Lemoyne, Pennsylvania 17043.0109 (717) 761-4540 MATTHEW SCOTT BOUGHTER, SR., Plaintiff V. BONNIE ANN TONER, Defendant MOTION FOR APPOINTMENT OF CUSTODY CONCILIATOR NO, 96-777 CIVIL ACTION - LAW IN DIVORCE/CUSTODY AND NOW, this /4-day of June, 2004, the Defendant, Bonnie Ann Toner, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, files this Motion to Appoint a Custody Conciliator, and avers In support thereof as follows: 1. The Defendant and Mother is Bonnie Ann Toner who presently resides at 419 Old Stage Road, Lewisberry, York County, Pennsylvania. 2. The Plaintiff and Father is Matthew Scott Boughter, Sr., who presently resides at 3736 Rutherford Street, Harrisburg, Dauphin County, Pennsylvania. 3. On April 1, 1996, the Honorable Edgar B. Bayler entered an Order upon consideration of a custody conciliation report by Dawn S. Sunday, Esquire, dated March 28, 1996 establishing the initial custody provisions In this case. yM April 1, 1996 Order, with March 28, 1996 conciliation report, a copy is attached hereto, Incorporated herein by reference, and marked as Exhibit "A". 4. Thereafter, the parties entered Into a Custody Stipulation and Agreement which was Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Incorporated Into a March 10, 2003 Order by this Court which drastically changed the custody of the minor J, child between the parties. 124 March 10, 2003 Order, a copy Is attached hereto, Incorporated herein by reference, and marked as Exhibit "B". 5. The Defendant/Mother agreed to the custody situation at that time based on her belief that It would be In the best Interest of the minor child in order for the Defendant/Mother to voluntarily seek treatment for a dependency on Vicodan, a powerfully addictive drug which was prescribed for her by her physician following a series of serious surgeries in 2002, 81 Following the Defendant/Mother's successful treatment, her counsel at that time filed with a Petition for Civil Contempt for Disobedience of a Custody Order and a Petition for Modification of a Custody Order in the Dauphin County Court of Common Pleas at Docket Number 2004-CV-002-CU, upon the belief that Cumberland County was not the proper venue for the Petitions as neither of the parties nor the minor child resided in Cumberland County. §M Petition for Civil Contempt for Disobedience of a Custody Order and Petition for Modification of a Custody Order, copies are attached hereto, Incorporated herein by reference, and marked respectively as "C" and "D". 7. The Father filed Preliminary Objections/Mollon to Transfer Venue to both petitlons on February 2, 2004, solely upon the grounds that Dauphin County was the Improper venue and venue should be transferred to Cumberland County. See Father's Prellminary Objections/Motion to Transfer Venue, a copy Is attached hereto, incorporated herein by reference, and marked as Exhibit "E". 8. On March 4, 2004, the Honorable Todd A. Hoover, of the Dauphin County Court of Common Pleas sustained an Order sustaining the Father's Preliminary Objections and transferred venue of the petitions to Cumberland County. §U March 4, 2004 Order, a copy Is attached hereto, Incorporated herein by reference, and marked as Exhibit "F" 9. Part of Judge Hoover's Order directed the Dauphin County Prothonotary's Office to transfer the case to the Cumberland County Prothonotary's Office. 10. The parties have not been able to reach an agreement with regarding to sharing of the parental responsibilities and the Defendant/Mother does not believe an agreement Is likely to be reached outside the assistance of a custody conciliator. J, WHEREFORE, the Defendant respectfully requests this Honorable Court assign a Custody conciliator and promptly arrange for a Conciliation Conference, DUFFIE, STEWART & WEIDNER i v ML V ;290887 I I I , I I I I I 1?.. it r. I I 1 I, r tl .-A CERTIRCATE OF SERVICE AND NOW, this day of June, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Appointment of Custody Conciliator upon the other parties of record by causing same to be deposited In the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: William Shreve, Esquire 3818 N, 8'" Street P.O. Box 5282 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By tt ? J ' ?L >? Deborah J. Z ar , I, I , i ' it ? AN M 0. I A t HI I.I 111 rr'101 MI; :II Ilrrrr 111'I Irl?. r.l111 `?? r 1 I r 11rlfl '" i I I I 1 1 l . I ,,. 1_ Ir ilk ' , I' 1 -jYip , 1 Ir 1 sl 1 1 I ' II' , ? `.Ir I r , I al ? 1 1 ? I rr ! I 1 I 11 I ? I, I r r ? Ir;? it ; I Y I ?: I : r I ijl 1r I ; I .' I 1 r , t i.. ' I I 1 , I 1!; I 11 I I I ! I I I i . 1 1, r 1 r I.. (( k r l I , ill rll I I I 1 " 1 I I', I 1 1 p i I }i i I " I { "I 1 r I, 1 I?. .. I I I 1. r ; 1 ! I I 1 1 ", r I f I I 11 1 r i ? I 1 , 1 i I I I I r r . i. 11 rl l. 1 1 1 .I J , rl. 1 ?. I ? rl rl I r '-1 1 r 1 I it ':, I I I i t r ? .L r 1 1..1 I r I I ' 1 1, J I 1 t I 1 I' '?Ir I I r rl If. 1 1 r; _rl r ExMbN ? 1 f ( ; J4rMJxNryM6PYa?rNi n, ' 1.' r ? r A 1 , ?I .1 I I 1,r ,.., I Y; i ? ? ? : E '??? ?rr? ' ?? r? 4r._ , r / i Ir I 1 I I 1 1 r ? 1 I, I 11 ' I {I I 1* i I , '- 1 I II MATTHEW SCOTT BOUGHTERr SR.r Plaintiff Va. BONNIE ANN BOUGHTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-777 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION ORDER OF COURT AMID NOW, this ? aC day of V &4 r 1996r upon consideration of the attached Custody Conc at < Report, it is ordered and directed as follows: 1. The Father, Matthew Scott Boughter, Sr., and the Mother, Bonnie Ann Boughter, shall have shared legal custody of Matthew Scott Boughter, Jr., born September 28, 1993. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child during four week cycles as follows: A. First weekend - The Father shall have custody of the Child from Friday between 7:30 and 8:00 p.m. until the following Monday at 9:00 a.m. B. Second weekend - The Father shall have custody of the Child from Sunday at 9:00 a.m. until the following Monday at 9:00 a.m. C. Third weekend - The Father shall have custody of the Child from Friday between 7:30 and 8:00 p.m. until the following Monday at 9:00 a. m. D. Fourth weekend - The Mother shall have custody of the Child. E. Fourth week - on the Thursday evenings immediately preceding the Mother's period of weekend custody, the Father shall have custody of the Child from 7:45 p.m. until 9:45 p.m. 4. If the Father will be delayed for exchanges of custody occuring on Friday evenings due to employment or other circumstances, the Father shall notify the Mother by telephone as soon as possible. 5. The parties shall share or alternate custody of the Child on holidays as follows: A. The Mother shall have custody of the Child in even numbered years on the holidays as follows: The Mother shall have custody of the Child on Easter weekend from Saturday at 7:00 p.m. until Sunday at 12:00 noon and on Christmas from Christmas Eve at 7:00 p.m. until Christmas Day at 12:00 noon. The Mother shall have custody of the Child on Memorial Day, I i 4 Labor Day and President's Day at times to be arranged by mutual agreement of the parties. B. The Mother shall have custody of the Child in odd numbered years on the holidays as follows: The Mother shall have custody of the Child on Easter Sunday from 12:00 noon until 7100 p.m. and on Christmas from Christmas Day at 12:00 noon until December 26th at 7:00 p.m. The Mother shall have custody of the Child on July 4th and New Years Day at times to be arranged by mutual agreement of the parties. C. The Father shall have custody of the Child in even numbered years on the holidays as follows: The rather shall have custody of the Child on Easter Sunday from 12:00 noon until 7000 p.m. and on Christmas from Christmas Day at 12:00 noon until December 26th at 7:00 p.m. The Father shall have custody of the Child on July 4th and New Years Day at times to be arranged by mutual agreement of the parties. D. The Father shall have custody of the Child in odd numbered years on the holidays as follows: The Father shall have custody of the Child on Easter weekend from Saturday at 7:00 p.m. until Easter Sunday at 12:00 noon and on Christmas from Christmas Eve at 7:00 p.m. until Christmas Day at 12:00 noon. The Father shall have custody of the Child on Memorial Day, Labor Day and President's Day at times to be arranged by mutual agreement of the parties. When the Father's regular weekend custody precedes his Monday holidays, the Father shall have custody from Friday evening through the evening of the holiday. E. The Mother shall have custody of the Child in every year on the following holidays: The mother shall have custody of the Child on Thanksgiving from 9:00 a.m. until 3:00 p.m. and on Mother's Day at times to be arranged by mutual agreement of the parties. F. The Father shall have custody of the Child in every year on the following holidays: The Father shall have custody of the Child on Thanksgiving from 3:00 p.m. until 9:00 p.m. and on Father's Day at times to be arranged by mutual agreement of the parties. 6. The four week custody cycle shall begin with the Father having custody of the Child on Thursday evening, March 28, 1996 from 7:45 p.m. to 9145 p.m. and the Mother having custody on the weekend of March 29 through March 31, 1996. 7. Each party shall have a period of custody of the Child each year on the Child's birthday at times to be arranged by mutual agreement of the parties. 8. Each party shall have custody of the Child for two consecutive or nonconsecutive weeks each year during the summer vacation. Each party shall provide notice to the other party by June 1 each year of the specific dates for summer vacation custody. 9. The Father shall provide transportation for all exchanges of custody under this Order. 10. If the Mother becomes employed within two months of the date of this Order to the extent that her employment status interferes with the desirability of the existing custody arrangements, either party may contact the Custody Conciliator to schedule a second Conciliation Conference. 11. This Order is entered pursuant to an Agreement reached by the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this Order shall control. / BY THE COMT, r cc: 'Madelaine N. Baturinr Esquire Joan Carey Esquire -'U I I I i ! , . _I t I I 1 1 ? ' . I it MATTHEW SCOTT BOUGHTER, SR., t IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 96-777 CIVIL TERM BONNIE ANN BOUGHTER, : CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CML PROCEDDRB 1915.3-81 the undersigned Custody Conciliator submits the following report: 1. The relevant information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Matthew Scott Boughter, Jr. September 28, 1993 Defendant/Mother 2. A Conciliation Conference was held on March 26, 1996, with the following individuals in attendance: The Father, Matthew Scott Boughter, Sr., with his counsel, Madelaine N. Baturin, Esquire, and the Mother, Bonnie Ann Boughter, with her counsel, Joan Carey, Esquire and Connie Thomas, Paralegal. 3. The parties agree to entry of an order in the form as attached. Date Dawn S. Sun ay, Esquire Custody Conciliator u i ...^t 5I 1? ? ! I i Mh . 7 1003 BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA ve, ) No. 96-777 CIVIL TERM MATTHEW SCOTT BOUGHTER, SR., ) Civil Action - Law Defendant/Petitioner) In Custody ORDER OF COURT -1 AND NOW, this J day of 2003, upon consideration of the attached Stipulation it is hereby Ordered and Decreed that the parties shall share legal custody of the child, Matthew Scott Boughter, Jr„ date of birth, September 28, 1993. The parties further agree that Father shall have primary physical custody of said child, subject to periods of partial physical custody with Mother as the parties may agree. BY THE COURT, 1 -A Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 Cmnp Hill, PA 17011 (717)731.9502 BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA ) vs. ) No. 96-777 CIVIL TERM MATTHEW SCOTT BOUGHTER, SR., ) Civil Action - Law Defendant/Petitioner) In Custody CUSTODY STIPULATION AND AGREEMENT AND NOW, come the parties hereto, Plaintiff, Bonnie Ann Toner ("Mother"), an individual residing at 1001 School House Lane, Lewisberry, York County, Pennsylvania, 17339 and Defendant, Matthew S. Boughter, Sr., ("Father"), an individual residing at 3736 Rutherford Street, Harrisburg, Dauphin County, Pennsylvania, 17111 as said parties have reached mutual agreement as to the custody of their child Matthew S. Boughter, Jr„ born September 28, 1993, and hereby stipulate to the following custody agreement, and hereby request the Court to enter the same as an Order of Court: Mother and Father shall share legal custody of said child, as to all matters regarding the child's health, education, and welfare. Father shall have primary physical custody of said child. 3. The parties agree that Mother shall have periods of partial physical custody on alternating weekends at such times as the parties may mutually agree. Mother shall return the Child no later than 6:00p.m. on the Sunday of return. The parties shall share transportation of the child between custody exchanges. 4. Holidays, Holidays shall be shared at such times as the parties may agree, Mothers Day, Mother shall have the child on Mother's Day from I I A,M, to 7 RM. 5. If either parent Is unable to keep their scheduled times of visitation, they shall provide at least twenty-four (24) hours' notice. 6. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 7. Neither party shall consume alcohol to the point of intoxication during his or her periods of visitation with the child. g. The parties shall have the right to modify any provision of the custody schedule hereto upon mutual agreement by both parties. In the event a proposed modification is not agreed to, the schedule as stated shall be complied with by the parties. The parties reserve the right to modify this Stipulation and Agreement through the court pursuant to Pennsylvania Law, Cumberland County, Pennsylvania, shall retain jurisdiction. / Bonnie A. Toner, Plaintiff with ss _ Matthew S. BougVer, Sr„ Defendant tnes??i s ? C? BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plaintiff /Respondent) CUMBERLAND COUNTY, PENNSYLVANIA ys) No. 96.777 CIVIL TERM MA'1"TllF W SCOTT BOUQHTER, SR., ) Civil Action - Law Derendant/Petitioner) In Custody CERTIFICATE OF SERVICE h Michael S. 'T'ravis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as follows; Bonnie M. Toner 1001 School House Lane Apartment D Lewisberry, PA 17339 Dawn S. Sunday, Esquire 39 West Main Street, Suite 1 Mechanicsburg, PA 17055 Date; j 4/0 tc aekravis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731.9502 Attorney for Petitioner i c I L I , 1 JI,, I ? 1 1 I ' I I I,. i I , 1 r ? 1 1 I I I 1 I it i I ' r. 1 i I 1 1 I i I I I I it I I I 1 I 1 - I 1 ? 1 I I f 1 I 1 '? i 1.1 1 1 I 1 I I ' . ? I 1 1 I I 1 1 r , 1 ?I !i II I 1 I 1 1 I 1 I I 1 1 1 I I r 1 . 1 1. I I 1( I ' I II 1 !1 1 r 1 1 1 1 11 1 ldilk ?ll i1r.,_? (Fr-,f 1 ..[1er?-ISI _ ? I r rl 1 Hxhlbll c k' r r it / I r r BONNIE ANN TONER Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY PENNSYLVANIA V, MATTHEW SCOTT BOUGHTER, SR. Defendant No. 2004 CV&V Cu CIVIL ACTION -LAW CIVIL CONTEMPT -CUSTODY NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for custody, If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court you defenses or objections, you must appear in person in court on the _ day of at a.m. in Courtroom number of the Dauphin County Courthouse located at Front and Market Streets, Harrisburg Pennsylvania, 17101, IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for custody, you may be found to be in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg PA 17101 717-232-7536 BY THE COURT; Date: Judge .-A BONNIE ANN TONER Plaintiff V; MATTHEW SCOTT BOUGHTER, SR. Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY :PENNSYLVANIA No, 2004 CV OOO*1SCU CIVIL ACTION - LAW CIVIL CONTEMPT • CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF A CUSTODY m ORDER nr N The Petition of Bonnie Ann Toner respectfully represents: :n 1. That on March 10, 2003 the parties Custody Stipulation ttnd Agreement M ?a was entered as an order of Court in Cumberland County, Pennsylvania awarding custodyco of the minor child Matthew Scott Boughter, Jr. A true and correct copy of the order is attached to this petition. 2. Respondent has willfully failed to abide by the order in that; a. The custody order states that Respondent (hereinafter Father) shall have primary physical custody of the child and Petitioner (hereinafter Mother) shall have partial physical custody on alternate weekends as the parties mutually agree. The order further states that Mother shall return the child no later than 6:001 r.m. on Sunday. a. Despite Mother's multiple requests she has not se,:n the child since March 2003. b. Father denies all Mother's requests to see the ch ild, and insists that if she is to see her son she must (to so at his residence tinder I tis supervision, Father has stated he will not let her take the child out of his super-vision. The custody order does not contain any provisions for supervised visitation and plainly states that Mother shall return the child no later than 6:00 p,m, on Sunday, indicating supervised visits were not contemplated when the parties signed the stipulation and agreement, c. 'fhe custody order states that the parties shall share transportation of the child. Mother has volunteered to provide transportation, and Father has refused her requests for a visit despite her offer. d. Paragraph 4 of the custody order states that the parties shall share holidays as they agree and that mother shall have custody on Mother's Day from 11:00 a.m. until 7:00 p.m. Father has refused to share the holidays and has not permitted Mother to take custody of the child on Mother's Day. Mother has not spent a holiday with her son since March 2003. e, Paragraph I of the custody order states that the parties share legal custody of the child, but Father has failed to consult or even notify Mother of major issues regarding the child's medical care. Father did not consult with or inform Mother that the child was on Ritalin, that he now has glasses or that he will be wearing braces soon. Father's actions seriously impair Mother's desire to participate in the decisions regarding the child's medical care. E Mother calls the child by telephone every day and leaves two to three messages for the child to return her calls, Until early December the child did not return her calls, and Mother believes someone in father's household monitors the child's conversations from another telephone extension. g, Father's actions are in contravention of the custody stipulation and agreement entered as an Order of Court and seriously undermine MOther'a ability to form a loving"bond with her son and continue to develop a relationship with him. WNREFORE, Petitioner Mother requests that Respondent be held in contempt of I court, I I I 1 I I .^ 1 I l - Lurie E. Wiest, Esquire Attorney for Plaintiff Attorney LDr Number 83518 YWCA Domestic Violence Legal Clinic r YWCA of Greater Harrisburg 114 Walnut Street Harrisburg PA 17101 717-724.0516, extension 206 I , I i 1, ?rI 1 I' I ' I 1 1 i VERIFICATION r r I verity that the statements made in this Complaint are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa CIS. seer 4904 relating to unswom falsification to authorities. 1 , r W ate Bormie'Ann Toner, Petitioner r 1 , 1 I I 1 i? ? I,1 r r I r ) I I r 1 I 1 1 it 1 1 I I i 1 I 1' II -I I I I I j I 1 r II ' 1 1 - 1 r l 1: 10 03 SAT 10120 FAX 717 731 0075 CONSOLIDATED PROP, (4002 Nh? ? 100;1 BONNIE ANN TONER, ) IN TILL COURT OF COMMON PLEAS Plaintiff/Re..pondent) CUMBERLAND COUNTY, PENNSYLVANIA ) vN, ) No, 96.777 CIVIL TERM MATTHEW SCOTTUOUGHTER, SIL, ) Civil Aetlun - Law Defendant/Pctitinner) In C'umody ORDER OF COURT AND NOW, Lhis 1,10 day of- 2003, upon cnnsideratloti of the attaeh?d Stipulutiotrit Is limby Ordered and Dccrecd thnt the partw; shall share Icanl custody of the child, Mutthcw Sena oughter, Jr., date of hirth, Septetnber 28, 1993. The parties turther agree that Father shall have primary physical custody of said child,,ubject to periods of partial physical custody with Mother us the panics may apm 13Y THE COURT: 1-0 w J, 1 t ttr t , 1:1101 OJ SAT 10:26 FAX 717 TJl 0076 CONSOLIDATED PROP, rd 005 MwOnel 5 1 mvis Attemuy At I Aw Mb Mrckel Sueel. $ulle 109 Ctunil Hill. 11A 1701 (717)111,9501 DONNIE ANN TONIER, ) IN THE COult'r OF COMMON PLEAS Plaintiff/Respondcnt) CUMBERLAND COUNTY, PENNSYLVANIA ) VS. ) NO. 96.777 CWn, TERM ) NWI'THEW SCO'1'TD O nGHTEet, SR., Civil it Action - Low Custudy CUSTODY STIPULATION Ar:D AGREEMENT AND NOW, Coln the lrwlies heieta, Plaintiff, Rolmic Ann Tuner("Mothet"), an htdividual residing at 1001 School 11ottsc Lair„ Lewisberry, York Cnunty, Pettnsylvallia, 17339 and Oofendant, Matthew S. Buuy;htel', Sr„ ("Gather" ), an individual rusiding at 3716 Rutherford Sucet, Harrisburg, Dauphin C:nlutty, Penns}Ivunia, 17111 as said parties havc renched mutual agreement as to the eusrody of their child Matthew S, Buughter, Jr.. boat September 28, 1993, and hereby stipulate to the Following custody agreement, and hereby request the Cuutt to enter the same as all Order of C;outt! I . Mother and Father shall Sharu legitl custody of sold child, its to At' matters 1'?4ardilig The Cillld?9 Cuucattom am{ Nelfhrc. 2. rather shall have priln:uY plty?Ical custody of auid child. 3. The patties agree that Modter shall have periods of partial physical custudy on alternating weekends of such times as tine pal-tics may mutually agree. Mother shall return the Child no later than 6:00p.m. un the Sunday of rctunt. The parties shall shore trltnspoltatioo of the ehilcl between custody exchanges. CONSOLIDATED PROP, 12 2Q/03 SAT 10:28 FAX TU 731 0076 4. Nulidayt. I Iolldays shall be ahnred at such ones as the parties cony agree. hlurhrr's Doy Mother bhull have the child on Muther'n I)ay from I I A.M. to 7 P.M. S. If either parent Is unable to keep their scheduled tines of vbitatioll, they $hall provide at Iunst twentydour (24) huuta' notice, 6 Neither pu ty shall du or say anything which may estrange the child from the other parent, irilwe the opinion of the child ss to the other parent, or hamper the free nttd natttral development of the child's loge and rebl)ect for the other 1)areld 7, Neither party shall cuosunte alcohol to the point of intoxication during his or her periods of visitation with the child. g. The parties shall have the right to modify any provision of the custody schedule hereto upon mutual ltgleerrtent by both parties. In The event it prupnsed modiftcntion is not agreed to. the schedui: as suwd bhull be complied with by the punier Tile parties reserve the right to modify this Stipulation and Agreement through the court pursumtt to Pennsylvania Low, Caa)berland County. petulsylvanin, shall 'eta"' lurisdictlost. Botntic A. Toner, Phtintirr wit ytatthcw S. uugl er, Sr., Defendant elm puss foot r r BONNIE ANN TONER Plaintiff V, MATTHEW SCOTT BOUGHTER, SR, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY ;PENNSYLVANIA No. 2004 CV6X&0;0-.CU CIVIL ACTION -LAW CIVIL CONTEMPT - CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Custody Conference Officer, on the day ofM, at at a Custody Conciliation Conference. At such conference, an effort will be made to come to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the Conference may provide grounds for entry of a temporary or pernianent Order. BY THE COURT: Date; Custody Conference Officer YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg PA 17101 717-232-7536 BONNIE ANN TONER Plaintiff , v, MATTHEW SCOTT BOUGHTER, SR. Defendant : IN THE COURT OF COMMON PLEAS,, : DAUPHIN COUNTY : PENNSYLVANIA tv No, 2004CV6Z;-CU a? CIVIL ACTION -LAW CUSTODY o PETITION FOR MODIFICATION OF A CUSTODY ORDER The petition of Bonnie Ann Toner respectfully represents that on March 10, 2003, an Order of Court was entered in Cumberland County for custody, a true and correct copy of which is attached. 2. This Order should be modified because: a. Respondent (hereinafter Father) has consistently refused Petitioner's (hereinafter Mother) requests to exercise her rights to partial physical custody under the March 10, 2003 order of court. Father insists Mother shall only visit the child under his supervision in his home, despite the fact that there is no requirement in the order that Mother be restricted to supervised time with her son, Father has rebuffed Mother's attempts to share the holidays as required by the order, as a result of which Mother has not seen her child since March of 2003. Father has not permitted Mother custody on Mother's Day as the order provides. b. Mother has not had reasonable telephone contact with the child, despite leaving voice mail messages for the child to return her calls. Mother sometimes leaves two to three messages each day, and it is only within the lust several weeks that the child has called Mother, The child is ten years old and can institute telephone contact with his mother, Mother also believes Fath cr or another member of Futher's household monitors the child's conversations with her from another extension. C. Father does not consult Mother regarding legal custodial matters, Legal custody is shared under the term s of the order, but Mother was not consulted on the decision to put the child on Ritc tlin, nor was she consulted on the recent decision to have braces put on the child's teeth. She was also surprised to learn that the child now wears glasses, because she was not consulted about this matter. d. Nlother and Fe ther were married when the child was bom but separated when he was one ycur old. I Jnder the terms of a custody order entered in Cumberland County, entered when jurist,iction was in Cumberland County, Mother had primary physical custody and father had alternate weekends. Father frequently did not take his alternate weekends, and N lother believes he did so only on those weekends when the child's paternal grandmo ther was available to take care of the child. As the child grew older, Father'spent less nd less time with the child. C. Betweer. the ages of two and four Father did not see the child at all, by his own choice, When th, : child was about four years old Father remarried and began to see the child again, presu mably because he now had someone else to assist with care of the child, The order wa s modified when the child was six years old to give Father every Wednesday as well as alternate weekends. Mother retained primary physical custody. f. Mo ther had a series of serious surgeries in 2002, for which she was given Vicodin, a power ful analgesic. Mother was instructed by her physician to take the whole bottle of the drug, and when she stopped she became depressed and sought more Vicodin. Mother became addicted to the drug. Realizing her problem, Mother sought assistance to break her dependency on the drug, Mother entered intensive out patient therapy at the Roxbury facility. Her course of treatment included group and individual therapy as well as rundom drug tests and breathulyzer tests. Mother has finished her course of treatment. g. Before Mother began her course of treatment at Roxbury she understood that she could not properly look after the child's best interests, and asked Father to take primary custody. Father wanted a custody order, ;Mother believed, to prevent problems with the child regarding school, Mother signed the attached stipulation because she was going into intensive rehabilitation. h. Mother believes a temporary custody order was entered in Dauphin County, but the order was entered as a permanent order in Cumberland County, despite the fact that neither party resided in Cumberland County and Cumberland County was not the home county of the child at the time the order was entered, i. Mother does not believe Cumberland County is the proper venue for the custody case, because neither party resides in Cumberland County nor does the child reside in Cumberland County, Mother asks this court to take jurisdiction in this case for the convenience of the parties. j. Because of Father's recalcitrant behavior regarding Mother's periods of partial physical custody Mother believes her relationship to the child has been eroded and m6y be irreparably damaged unless the court modifies the existing order to provide her with the opportunity to strengthen and repair the loving bond between mother and child. ? i ?,? 13 10100 SAT 10,31 FAX TIT M 9075 CONSOLIDATED PRM r?uox Mn?: ? IOOJ BONNIE ANN 'LONER, ) IN THE COURT OF COMMON PLEAS PlAintiff/Re+pondcnt) CUd1BF.,RLAND COUNTY, PENNSYLVANIA vn ) No. 96.777 CIVI L TERM NIA'l"I M SCOTT BOUGHTER, SR., ) Civil Action - I. tw Derendant/Petitinner) In Custody ORDER OF COURT ANU Ne) W. this Jay of •_ ?I,r :., ce "=t. , ;!003, upon umsiderotlotr of ?hc attocbQJ Stipulution it Is hereby Ordered and Decrecd thnt it w parties shall share legal custody of ?Ilc chiicl, Mu?thew Sena Iloughtcr, .Ir•, dote orhirth, Scpre!.nbcr 28, 1993. The punles further. agree that Father shall have primary physical custody of st rid chilJ, subject in periods of partial physical custody with Mother as the panics mny agree. uY THE t a7lJRT: _ r o! , lw , V .n..? ? .,her 12/20109 BAT 10120 FAX 717 791 0070 CONSOLIDATED PROP. Mtchnel S INvls Attonwy at I.ow 4076 Market SLIM. $ulie 709 Camp Hill, PA 17UI1 (717)731.9507 BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA ) vs. ) No. 96-777 C", TEM ) MATTHEW S(:O'IT BOUGHTER, SR., ) Civil Action • Low Defendant/Petitluncr) In Cnstudy CUSTODY STIPULATION AND AGIMEMENT AND NOW, conic the parties helcto, Plaintiff, Hoturic Ann Tuner ("Mother"). an Lrdividual residing at 1001 School 110tlsc Lane, Lewkberry, York County, PcMsylvanla, 17339 and Defendant, Marhew S. Buughter, St.. ("rnlher'"), An individual residing at 3736 Rutherford Street, Harrisburg, Dnuphin County, Pennsylvania, 17111 ns said parties have reached mutual agreemont as to the custody of their child Matthew S• 13oughter, Jr,, bum September 28, 1993, and hereby stipulate to the following custody agreeurart, and hereby request the Court to enter the same as An Order ol'Cotol: Mothcr And Fnther shall share legal custody of said child, ns to All matters rc`n CirtQdtc child's Ir:ahh, educatim.;,nd stlf r:. 2. rasher shall have primary physical custody ol'suid child. 3. The patties agree that Mouser shall hove periods of partial physical eustudy tm alternating weekends at such times ns the patties may mutually agree, Mother shulI return the Child no later than 6:00p•m• un the Sunday of rctorm The parties shall share transportation of moos the child between custody exchanges. 12+20,03 SAT 10;24 FAX TIT 731 0070 CONSOLIDATED PROP. 4, Holidays, I lolidays shall be shared at such Mich as the parties may agree, Mothrr's Doy Mother shall have the child on Muther'h Day from 1 I AM, In 7 P,M. S, !f either parent Is unable to keep their schoduled times of visitation, they shall provide at least twenty-four (24) hunt;s' notice, R Neither puny shall do or say anything which may estrange the child front the other parent, injwe the opinloa of the child as to the other parent, or humper the flee and natural development of the child's love and respect for the other parent. 7. Neither petty shnll consume alcohol to the point of intoxication during his or her pMods of visttatiun with the child. S. The pities shall hove the right to modify any provision of the custody schedule hereto upon mutual agmmnetrt by hoth pn ties. In the event a proposed modification is not agreed to. the schedule as stowd shall he complied with by the parties. The parties reserve the right to modify this Stipulation and Agreement through the court pursuant to Pennsylvania Low, Cwnberland County. livinsylvanin. shall retain jurisdiction / BoruticA.Toncr, pluinliff wit ss Matthew S. Buugl er. Sr., Defendant rutcss C Vol -.', Exhibit E? BONNIE ANN TONER Plaintiff : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA VS. NO. 2004 CV 0002 CU MATTHEW SCOTT BOUGHTER, SR.: CIVIL ACTION -LAW Defendant. CIVIL CONTEMPT- C.US'rOD. f1; I N PRELIMINARY OBJECTIONS! MOTION FOR CHANGE OF VENUE _ W OF DEFENDANT TO PLAINTIFF'S PETITION FOR o BRIEF IN SUPPORT AND NOW, comes Defendant, Matthew Scott Boughter, Sr., by and through his attorney, William M. Shreve, Esquire, and respectfully files the following Preliminary Objections: 1. The Plaintiff, Bonnie Ann Toner, is an adult individual who last known address is 419 Old Stage Road, Lewisberry, York County, Pennsylvania. 2, The Defendant, Matthew Scott Boughter, Sr., is an adult individual presently residing at 3736 Rutherford Street, Harrisburg, Dauphin County, Pennsylvania. 3. Prior to the filing of Plaintiff's Contempt Petition, the parties' custody and support matters have been heard in Cumberland County for the past eight years. 4. The Custody Order at issue in this case was issued from Cumberland County. (See Exhibit A). 5. It is believed, and therefore averred, that venue is more reasonably proper in Cumberland County for the following reasons: a. For eight (8) years, Cumberland County has been the forum for the parties' custody and support matters ; b, Substantial evidence concerning the child's present or future care, protection, training and personal relationships in reference to this matter is located in Cumberland County; C. Cumberland County Court has familiarity with the parties and the issues in this matter; d. Plaintiff is currently a resident of York County and a transfer to Cumberland County would not impose an increased hardship rather than traveling to Dauphin County. e. Matthew Boughter has had custody to some degree 1996 as a result of the Cumberland County proceedings. f. The plaintiff has received theft and drug charges in Cumberland County since the inception of the most recent custody order. 6. Venue should be transferred to Cumberland County pursuant to Pa.R.C.P. 1915.2(x)(2), which provides, in pertinent part: (a)(2) in which it is in the best interest of the child that the court decide the matter because the child ahaveha !I child's parents, or the child and at lease one party, significant connection with the county and there is available within the county substantial evidence n, training and the child's present or future care, p te personal relationships. 7. Venue is appropriate in Cumberland County pursuant to Pa.R.C.P. b 1915.2(c), which provides, in pertinent part: (c) Physical presence of the child, while desirable, is not a prerequisite to venue, WHEREFORE, Defendant, Matthew Scott Boughter, Sr,, respectfully requests Your Honorable Court sustain the present Preliminary Objections and/or grant the present Motion to Transfer Venue to Cumberland County, Pennsylvania for the reasons set forth above. BONNIE ANN TONER : IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA vs NO. 2004 CV 0002 CU MATTHEW SCOTTD f ndaant. SR.: CCIVIL ACTION - LAW IVIL CONTEMPT-CUSTODY BRIEF OF DEFENDANT IN SUPPORT OF PRELIMINARY OBJECTIONS/ MOTION FOR CHANGE OF VENUE I. Baokaround These Preliminary objections/ Motion for Change of Venue are filed in response to Plaintiffs Petition for Civil Contempt for Disobedience of a Custody Order, which was filed in Dauphin County on January 2, 2004, Prior to the filing of said Petition for Contempt by the Plaintiff, the parties have a long history in Cumberland County Courts from which the latest Custody Order was issued on March 10, 2003, by The Honorable Edgar B. Bayley, a copy of which is attached hereto and marked as Exhibit "A." For approximately eight (S) years, the parties have been in front of various judges and agencies in Cumberland County. II. Question Presented Should venue be transferred to Cumberland County, Pennsylvania? Suggested response in the affirmative. III, went Venue should be transferred to Cumberland County pursuant to Pa,R,C,P, 1915,2(a)(2), which provides, in pertinent part: (a)(2) in which it is in the best interest of the child that the court decide the matter because the child and the child's parents, or the child and at lease one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal relationships. In an effort to maintain consistency, continuity and familiarity with the issues involved in this matter, venue would be more appropriate in Cumberland County. Cumberland County has been the forum for the parties' custody and support matters for approximately eight (8) years. Plaintiff has received theft and drug charges in Cumberland County; consequently, it is believed the filing of these petitions in Dauphin County amounts to forum shopping. In addition, all relevant paperwork is located in Cumberland County and the Cumberland County court system employees are familiar with the parties and the issues of this case; consequently, the Cumberland County Court is best suited to assure for the child's health, safety, and welfare. .n„ N. c aoluslu Based on the foregoing, venue is proper in Cumberland County, Pennsylvania, and Defendant, Matthew Scott Boughter, Sr., respectfully C requests Your Honorable Court grant the present Preliminary Objections and/or grunt the present Motion to Transfer Venue to Cumberland County, Pennsylvania, ,?I r r Respectfully submitted, s. 4jarn M. Shreve, Esquire I.D. No. 82337 3618 North Sixth Street P, O. Box 5292 Harrisburg, PA 17110 1 (717) 234-6001 1 r ,I i r b r I I II ,. , .cry e 1 r 1 I wp^ MAR 0 7 2003 BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA vs. ) No, 96.777 CIVIL TERM MATTHEW SCOTT BOUGHTER, SR., ) Civil Action - Law Defendant/Petitioner) In Custody ORDER OF COURT AND NOW, this l_ day of Yh?11.. 2003, upon consideration of the attached Stipulation it is hereby Ordered and Decreed that the parties shall share legal custody of the child, Matthew Scott Boughter, Jr., date of birth, September 23, 1993, The parties further agree that Father shall have primary physical custody of said child, subject to periods of partial physical custody with Mother as the parties may agree, BY THE COURT: A-- yr?.?I? J. n• r• p? pa p y, F I '. Prtrthonrtarr Michael S, Travis AnotMy at Law 4076 Market Street, Suite 209 Camp Hill, PA 11011 (717)731.9502 BONNIE ANN TONER, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent) CUMBERLAND COUNTY, PENNSYLVANIA No, 96-777 CIVIL TERM ?'. c e VS. ) !i ?'f h I MATTHEW SCOTT BOUGNTCR, SR., Civil Action • Law Defendant/Petitioner) In Custody >1. TIP J CUSTODY STIPULATION AND AGREEMENT AND NOW, come the parties hereto, Plaintiff, Bonnie Ann Toner ("Mother"), an individual residing at 1001 School House Lane, Lewisberry, York County, Pennsylvania, 17339 and Defendant, Matthew S. Boughter, Sr., ("Father'), an individual residing at 3736 Rutherford Street, Harrisburg, Dauphin County, Pennsylvania, 17111 as said parties have reached mutual agreement as to the custody of their child Matthew S. Boughter, Jr., both September 28, 1993, and hereby stipulate to the following custody the same as an Order of Court: agreement, and hereby request the Court to enter I , Mother and Father shall share legal custody of said child, as to all matters regarding the cl,lld's 1•,I:alth, education, and welfatc. Father shall have primary physical custody of said child. 3, The parties agree that Mother shall have periods of partial physical custody on alternating weekends at such times as the parties may mutually agree. Mother shall return the Child no later than 6:00p.m, on the Sunday of return. The parties shall share transportation of .i the child between custody exchanges. 4, Holidays. Holidays shall be shared at such times as the parties nifty agree, Mother's Day, Mother shall have the child on Mother's Day from 11 A.M. to 7 P,M, S, If either parent is unable to keep their scheduled times of visitation, they'shall provide at least twenty-four (24) hours' notice. 6. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent, 7. Neither party shall consume alcohol to the point of intoxication during his or her periods of visitation with the child. 8. The parties shall have the right to modify any provision of the custody schedule hereto upon mutual agreement by both patties. In the event a proposed modification is not agreed to, the schedule as stated shall be complied with by the parties. The parties reserve the right to modify this Stipulation and Agreement through the court pursuant to Pennsylvania Law, Cumberland County, Pennsylvania, shall retain jurisdiction, Botutie A. 'toner, Plaintiff Matthew S. 9oug er, Sr., Defendant w??t s Witness I ' BONNIE NON TONER' ; IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA vs. ; NO. 2004 CV 0002 CU MATTHEW SCOTT BOUGHTER, SR. ; CIVIL ACTION - LAW Defendant. CIVIL CONTEMPT - CUSTODY VERIFICATION I verify that the statements made in the foregoing Preliminary Obje ctions/Motion for Change of Venue are true and correct, I and erstand that false statements herein are made subject to the pen alties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to aut horites. Date Matthew Boughter I BONNIEANN TONER ; IN THE COURT OF COMMON PLEAS Plaintiff ; DAUPHIN COUNTY, PENNSYLVANIA NO. 2004 CV 0002 CU MATTHEW SCOTT BOUGHTER, SR. CIVIL ACTION - LAW Defendant, CIVIL CONTEMPT - CUSTODY CERTIFICATE OF SERVICE AND NOW, this 30th day of January, 2004, 1, William M, Shreve, hereby certify that I have this day served the within Preliminary Objections and Brief in Support of Same upon the persons and in the manner indicated below: Via Re¢ular U.S. Mail Sandra Meilton, Esquire Conciliator 111 North Front Street Harrisburg, PA 17101 Laurie Wiest, Esquire YWCA 114 Walnut Street Harrisburg, PA 17101 William M, Shreve Attorney ID it 82337 3618 North Sixth Street Harrisburg, PA 171 10 (717) 234-6001 1 ?i ?-4 1 ?,1111t,1 rl r 1-.' r l i i i ? r t *tl . ,iil ' ' vi 1 1 1 1 .1 i 4 14 i I!? BONNIE ANN TONER, Plaintiff V5. MATTHEW SCOTT BOUGHTER, SR., Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2004 CV 0002 CU CIVIL AC'T'ION - CUSTODY = c .c 2ER u+ .r AND NOW, this 4"' day of March 2004, upon consideration of the Defendants Preliminary Objections to the Plaintiff's Petition for Civil Contempt for Disobedience of a Custody Order and Brief In Support of thereof and upon consideration of the Plaintiff's Answer to the Preliminary Objections and Brief In Opposition, the Prelimirary Objections of the Defendant are sustalned The venue In this matter is In Cumberland County. The Dauphin County Prothonotary's Office Is directed to transfer this case to the Cumberland County Prothonotary's office, • 1'?h BY THE COURT: Todd A. Hoover, Judge r D1strlbuHon: Laurie Wiest, Esquire, YWCA, 114 Walnut Street, Harrisburg, PA 17101- Plaintiff William M. Shreve, Esquire, 3618 North Sixth Street, P.O. Box 5292, Harrisburg, Pa 17110 - Defendant Dauphin County Prothonotary's Office - Steve Farina v AUC 2 5 9064 4 MATTHEW SCOTT BOUGHTER, SR. Plaintiff Vs. BONNIE ANN TONER Defendant IN Tim COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-777 CIVIL. ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _Z?y_ Jay of ?L I - ivq 6 _Y, 2004, upon consideration of the attached Custody Conciliation Report; it is or rcd and directed as follows: L The prior Orders of this Court dated March 10, 2003 and June 3, 2004 are vacated and replaced with this Order, 2. The parties shall participate in a course of co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the cowiscling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. All costs of counseling which are not covered by insurance shall be shared equally between the parties. 3. The Father, Matthew Scott Boughter, Sr., and the Mother, Bonnie Ann Toner, shall have shared legal custody of Matthew Scott Boughter, Jr., born September 28, 1993, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. Both parties shall have equal access to obtain information and records pertaining to the Child from the Child's school. 4. Pending further Order of Court or agreement of the parties, the parties shall have physical custody of the Child as follows: A. The Father shall have primary physical custody of the Child. B, The Mother shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p,m. through Sunday at 6:00 p.m. or through Monday at 6:00 p.m. if Monday is a holiday. Irk addition, the Mother shall have partial custody of the Child on Tuesday evening from 5:00 p.m, until 9:00 p.m. during weeks following the Father's weekend periods of custody, The Mother's first period of'ruesday evening custody shall lake place on the first Tuesday after the parties' first co-parenting counseling session. ?'J C. In the event the Mother is not planning to exercise her right to a period ol'partial custody under this Order, the Mother shall notify the Futher before 6:00 p,m. on the preceding Thursday, 5. Unless otherwise agreed between the parties, the Mother shall provide all transportation for exchanges of custody. 6. 'File parties shall share having custody of the Child on holidays as arranged by agreement. The Mother shall have custody of the Child on Mother's Day every year from 11:00 a.m. until 7:00 p.m. 7. The parties agree that the Mother will schedule an individual meeting with the Child's counselor, Katherine Bordley, L.C.S.W. to discuss the Child's progress and other issues regurding the Child's participation in counseling. 8. The Father shall promptly provide the name, address and telephone number of the Child's psychologist to the Mother after which the parties agree that the Mother will contact the psychologist to discuss the Child's ongoing treatment including prescribed medication. 9. Unless otherwise agreed between the parties, during her periods of custody, the Mother shall administer all medication to the Child which has been prescribed by the Child's psychologist/physician. 10. Neither party shall consume alcohol to the point of intoxication during his or her periods of custody with the Child. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. Counsel for either party may contact the conciliator between three to six months after the beginning of the co-parenting counseling to schedule an additional conference to review the custody arrangements. 13, This Order is entered pursuant to an agreement of the parties at u custody conciliation conference, The parties may modify the provisions of this Order by mutual consent, In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, FILEI}OrFICG OF TF E t?F UTF!r?;cltr Y MATTHEW SCOTT BOUGHTER, SR. Plaintiff Vs. BONNIE ANN TONER Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96.777 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3.8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew Scott Boughter, Jr. September 28, 1993 Father 2. A conciliation conference was held on August 18, 2004, with the following individuals in attendance: The Father, Matthew Scott Boughter, Sr„ with his counsel, William Shreve, Esquire, and the Mother, Bonnie Ann Toner, with her counsel, Wade D. Manley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esqui Custody Conciliator .._.w Johnson, DuMe, Stewart & Weidner By; Wade D. Manley LID, No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761.4540 MATTHEW SCOTT BOUGHTER, SR., Plelntlff , V. BONNIE ANN TONER, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98.777 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this !1 f_ day of June 2004, kindly withdraw the appearance of the undersigned on behalf of the Defendant, Bonnie Ann Toner. y: J ?= w Laurie Wiest Attorney LD. No. e,3, PRAECIPE TO ENTER APPEARANCE AND NOW, this ffday of June 2004, enter the appearance of the undersigned on behalf of the Defendant, Bonnie Ann Toner. JOHNSON, DUFFIE, STEWART & WEIDNER By: Attorney I.D. No. :2306/7 a Dale E. Klein, Esquire Attorney ID No. 83296 P.O. Box 266 Harrisburg, PA 17108 (717) 991-9052 tel bulldogjustice@comcast.net Attorney for Plaintiff MATTHEW BOUGHTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. BONNIE USKO (FORMERLY TONER) Defendant Prior judge: Edgar B. Bayley : NO. 96-777 : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR SPECIAL RELIEF AND CONTEMPT OF CUSTODY ORDER AND NOW, Plaintiff, by and through his attorney, Dale E. Klein, Esquire, file this Petition for Special Relief and Contempt of Custody Order, and in support thereof, avers the following: 1. Plaintiff Matthew Boughter ("Father") is an adult individual whose current mailing address is 513 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant Bonnie Usko, formerly "Toner", ("Mother") is an adult individual who currently resides at 419 Old Stage Coach Road, Lewisberry, York County, Pennsylvania 17339. 4. Mother and Father are the parents of Matthew Scott Boughter, jr., • 0 111. born September 28, 1993. 5. On August 26, 2004, following conciliation, this Court entered an Order granting the parties shared legal custody of Matthew, with primary physical custody of Matthew with Father, and Mother enjoying periods of partial physical visitation with Matthew on alternating weekends. In addition, Mother shall have partial custody of the Child on Tuesday evening from 5:00 p.m. until 9:00 p.m. during weeks following the Father's weekend periods of custody. A true and correct copy of the Order of Court dated August 26, 2004 is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. 6. Since the entry of the Order, Father has enjoyed physical custody of Matthew without interruption. 7. Mother has had no contact with Matthew since 2004. 8. As of the date of the filing of this Petition, Mother has not had any meaningful visitation with Matthew since August 2004 nor has she attended school conferences regarding Matthew's progress. 9. On November 28, 2007, in violation of the Court's shared legal custody order, Mother took Matthew from school and moved him to her home without informing Father and without getting his written or oral permission. 10. On or about November 29, 2007, Mother attempted to withdraw Matthew from school without consent of Father. See letter from school attached hereto as Exhibit "B" and incorporated herein as if fully set forth. H. To date, Matthew has not returned to school. See attendance sheets for November 29 and 30, 2007 attached hereto as Exhibit "C" and incorporated f- herein as if fully set forth. 12. As far as Father knows, Matthew is still in Lewisberry with Mother, in violation of the current custody order, and continues to prevent Father from exercising his rights to legal and physical custody. 12. Father believes, and therefore, avers that Mother has no intention to let Father ever see Matthew, and is engaging in severe parental alienation. 13. This is the second time Mother has been in contempt of the custody order. See contempt order dated June 3, 2004 attached hereto as Exhibit "D" and incorporated herein as if fully set forth. 13. Father has and will incur needless counsel fees in the preparation and presentation of this Petition in excess of $1,000. 14. Undersigned counsel is without sufficient knowledge as to whether Mother has legal counsel. • LI 4, WHEREFORE, Father respectfully requests that this Court order that: 1. Matthew Scott Boughter, Jr., be returned to the custody of his father; 2. Mother's current visitation schedule be rescinded and that she be required to have supervised visitation two times a month; 3. Mother be held in contempt for violating the current custody order; and 4. Mother shall pay Father's reasonable counsel fees in the amount of $1,000. Respectfully submitted, Dale E. Klein Attorney for Plaintiff Dated _ ,, ..`, VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties o 18 Pa. C.S. §4904, relating A to unsworn falsification to authorities. atthew Boug)fter 41 L. -AK CERTIFICATE OF SERVICE The undersigned certifies that on the day of November, 2007, a true and correct copy of the foregoing Answer and New Matter was served by first-class mail, postage prepaid, upon the following: Bonnie Usko 419 Old Stage Coach Road Lewisberry, Pennsylvania 17339 Dale E. Klein, Esquire Of Counsel for Plaintiff r 4 ,4„ EXHIBIT A } 1 4& MATTHEW SCOTT BOUGHTER, SR. Plaintiff VS. BONNIE ANN TONER Defendant A66 2 5 2004 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-777 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this Sie da of r Y 2404, upon consideration of the attached Custody Conciliation Repo As orAred and directed as follows: 1. The prior Orders of this Court dated March 10, 2003 and June 3, 2004 are vacated and replaced with this Order. 2. The parties shall participate in a course of co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. All costs of counseling which are not covered by insurance shall be shared equally between the parties. 3. The Father, Matthew Scott Boughter, Sr., and the Mother, Bonnie Ann Toner, shall have shared legal custody of Matthew Scott Boughter, Jr., born September 28, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. Both parties shall have equal access to obtain information and records pertaining to the Child from the Child's school. 4. Pending further Order of Court or agreement of the parties, the parties shall have physical custody of the Child as follows: A. The Father shall have primary physical custody of the Child. B. The Mother shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 6:00 p.m. or through Monday at 6:00 p.m. if Monday is a holiday. In addition, the Mother shall have partial custody of the Child on Tuesday evening from 5:00 p.m. until 9:00 p.m. during weeks following the Father's weekend periods of custody. The Mother's first period of Tuesday evening custody shall take place on the first Tuesday after the parties' first co-parenting counseling session. J. . C. In the event the Mother is not planning to exercise her right to a period of partial custody under this Order, the Mother shall notify the Father before 6:00 p.m. on the preceding Thursday. 5. Unless otherwise agreed between the parties, the Mother shall provide all transportation for exchanges of custody. 6. The parties shall share having custody of the Child on holidays as arranged by agreement. The Mother shall have custody of the Child on Mother's Day every year from 11:00 a.m. until 7:00 p.m. 7. The parties agree that the Mother will schedule an individual meeting with the Child's counselor, Katherine Bordley, L.C.S.W. to discuss the Child's progress and other issues regarding the Child's participation in counseling. 8. The Father shall promptly provide the name, address and telephone number of the Child's psychologist to the Mother after which the parties agree that the Mother will contact the psychologist to discuss the Child's ongoing treatment including prescribed medication. 9. Unless otherwise agreed between the parties, during her periods of custody, the Mother shall administer all medication to the Child which has been prescribed by the Child's psychologist/physician. 10. Neither party shall consume alcohol to the point of intoxication during his or her periods of custody with the Child. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. Counsel for either party may contact the conciliator between three to six months after the beginning of the co-parenting counseling to schedule an additional conference to review the custody arrangements. IP . 4* 13. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ccade D. Manley, Esquire - Counsel for Mother Gilliam M. Shreve, Esquire - Counsel for Father os,u o4 14 MATTHEW SCOTT BOUGHTER, SR. Plaintiff VS. BONNIE ANN TONER Defendant Prior Judge: Edgar B. Bayley IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Matthew Scott Boughter, Jr. September 28, 1993 Father 2. A conciliation conference was held on August 18, 2004, with the following individuals in attendance: The Father, Matthew Scott Boughter, Sr., with his counsel, William Shreve, Esquire, and the Mother, Bonnie Ann Toner, with her counsel, Wade D. Manley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esqui& Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-777 CIVIL ACTION LAW CURRENTLY IN CUSTODY OF 01 0 A& EXHIBIT B CUMBERLAND VALLEY SCHOOL DISTRICT w%? - Eagle View Middle School 6746 Carlisle Pike - Mechanicsburg, PA 17050-1796 - 717-766-0217 - 717-249-6996 /I / 3o/aoo7 ?a Wh6 vK Z f ?is A127 ilm eern IeH.fr ?S ? 'e r, 4u+ ?oinn.e (?ska di? Cow ? Et??l?, 11i?? -? W dra ? h.? U `?.Ca?.uae o -F atkzo -t «,'?s /VAS • (.?s K.a ? a0 -b ld ?' ?I/la,f-Fha? e? ld r?,af 6:? W ?k?n drau?l? a,? '?urs`? j j?a?le?ber 2-a ? 200` . U CO K l°JU rLS OT? ?1 T T?Yt Aj?e' 0- "y ,(A I J C' As-ol,5+awx? Pirl Pa/ A yam, EXHIBIT C ABSENCE REPORT - 07-08 Student Id: 223406 Boughter, Matthew Scott Phone: 717-697-1757 stsdqab Eagle View Middle School Grade: 08 Hmrm:412 Age: 14 Date Day Cd STime ETime Med Exc Remarks App to Att 11/29/2007 60 Thursday A2 Full Day, Unexcused Y 11/30/2007 61 Friday A2 Full Day, Unexcused Y --A P P L I E D-- N O T A P P L I E D T 0 T A L A B S E N C E S Excused: 0 Excused: 0 Excused: 0 Unexcused: 2.00 Unexcused: 0 Unexcused: 2.00 Unlawful: 0 Unlawful: 0 Unlawful: 0 Partial: 0 Partial: 0 Tardy: 0 Tardy: 0 Other: 0 Other: 0 Other: 0 Total: 2.00 Total: 0 Total: 2.00 11/30/2007 10:14:03 AM Cumberland Valley School District Page 1 ABSENCE REPORT - 0 7 - 0 8 S qab Eagle View Middle School Grade: 08 Hmrm:412 Age: 14 Date Day Cd STime ETime Med Exc Remarks App to Att Y --A P P L I E D-- N O T A P P L I E D T O T A L A B S E N C E S Excused: 0 Excused: 0 Excused: 0 Unexcused: 1.00 Unexcused: 0 Unexcused: 1.00 Unlawful: 0 Unlawful: 0 Unlawful: 0 Partial: 0 Partial: 0 Tardy: 0 Tardy: 0 Other: 0 Other: 0 Other: 0 Total: 1.00 Total: 0 Total: 1.00 I11301aoo7 61 X?„,,I, 7 Fail (?yj l!n-??.se?(• ???-• ?Sy?s 11/30/2007 08:10:07 AM Cumberland Valley School District Page 1 A* EXHIBIT D I AJk6 40 MATTHEW SCOTT BOUGHTER, SR. p t , IN TfIE COURT OF COMMON PLEAS OF Plaintiff C CUMBERLAND COUNTY, PENNSYLVANIA t V 0 c CIVIL ACTION - LAW BONNIE ANN TONER, Defendant t. NO, 96-777 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of June, 2004, following aI hearing, IT IS ORDERED t 1. The petition of the father for special relief, IS GRANTED, 2. Matthew, 3. Boughter, Jr., is. returned to the father immediately under the terms and conditions of the custody order dated March 10, 2003, as amended by an order- entered this date. 3. The mother, Bonnie Ann Toner, is adjudicated in , contempt for failing to abide by the existing custody order. 4. Final disposition is deferred on condition that the mother continually purge herself of contempt by complying with the terms of the order as amended this da)te. By t)re Court,;,' rWilliam M. Shreve, Esquire For Plaint i f f ?nonnie Ann Toner, pro se 419 Old Stage Road Lewisberry, PA 17319 Sheriff prs OL-03.0 IL MATTHEW SCOTT BOUGHTER, SR., t IN THE COURT OF COMMON FLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA t V ? t CIVIL ACTION LAW BONNIE ANN TONER, Defendant t NO, 96-777 CIVIL TERM ORDER OF COURT: AND NOW, this 3rd day of June, 2004, the custody order of March 10, 2003, is amended as followst 1. Mother shall have periods of partial physical custody of Matthew S. Boughter, Jr,, born September 28, 1993, on alternating weekends starting at 5:00 p.m. on Friday and ending at 6:00 p.m. on Sunday, or if Monday is a holiday, ending at 6:00 p.m. on Monday. This first period of alternating weekend physical custody shall start at 5:00 p.m., Friday, June 11, 2004. I 2. The mother shall provide all transportation. 3, If the mother is not going to exercise such periods of temporary physical custody, she shall notify the father not later than 6:00 p.m. on the Thursday preceding the Friday of the alternating weekend. 4. All of the provisions of the custody order shall remain in full force and effect. By the Court, gar y ey, J. I w.lliam M. Shreve, Esquire For Plaintiff , vronnie Ann Toner, pro se 419 Old Stage Road Lewisberry, PA 17319 Sheriff 046 030a? prs r; . -:a r J tw ;% t"J cJ C b? Gr'' I 33 °C COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BONNIE A. USKO, (TONS) ) Plaintiff ) V. ) MATTHEW S. BOUGHTER, SR., ) Defendant } No. qb- ITI Civ;l `tern! FOR CUSTODY 1. Plaintiff is BONNIE A. USKO, who resides at 419 Old Stage, Lewisberry, York County, PA 17339. 2. Defendant is MATTHEW S. BOUGHTER, SR., who resides at 513 Hogestown Road, Mechanicsburg, Cumberland County, PA 17055. 3. Plaintiff seeks custody of the following child: Name Age Was child born out of wedlock? Matthew S.©, Jr. 14 years No 4. The child is presently in the custody of Plaintiff who resides at 419 Old Stage, Lewisberry, York County, PA 17339. 5. During the past five years, the child has resided with the following persons and at the following addresses: From To Address With whom NOV, 2007 (Still living 419 Old Stage Plaintiff, mother; there) Lewisberry, Pennsylvania 17339 Douglas B.T.Usko (step-father), Shelbi L. Usko (step-sister) OCT, 2002 NOV, 2007 3736 Rutherford Street Matthew S. Boughter Sr. Mechanicsburg, PA 17013 ( father), Samantha Boughter (step- mother),Sylvia Boughte (1/2 sister) 6. The mother of the child is currently residing at 419 Old Stage, Lewisberry, PA 17339. She is married. 7. The father of the child is currently residing at 513 Hogestown Road, 9. The relationship of Defendant to the child is father. Defendant currently resides with the following persons: Name Relationship to Defendant Amy Koch Itrpar Kayla Koch Girl friend Girl friends daughter 10. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court term and number and its relationship to this action are: Name of court: Cumberland County Docket number: 96-777 Date of last order or hearing: 08/26/2004 Type of case: Custody 11. Plaintiff has information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action are: Name of court: Docket number: Status of case: Cumberland County 96-777 (unknown) 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because My request is for the Honorable Judge to grant custody of Matthew Scott Boughter, Jr. said child born on September 28, 1993 to his mother Bonnie Ann Usko. The child has been kept from having any and all contact with his mother for the last 2 years and all she ever wanted was to have her son at all times, except with visitations for her son to see his father. My wish is to have a reversed custody order, granting Primary Physical custody to the mother. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child to Plaintiff. BONNIE A. USKO, Plaintiff Verification I, BONNIE A. USKO, Plaintiff, verify that the facts stated in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. '4944 relating to unsworn falsification to authorities. Date: L,? o?X-7 BONNIE A. USKO, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION BONNIE A. USKO, ) Plaintiff ) V. ) No. MATTHEW S. BOUGHTER, SR., ) Defendant ) Certificate Of Service i, BONNIE A. USKO, Plaintiff in the above matter, hereby certify that on , I mailed a true and correct copy of the Complaint for Custody, by certified mail, return receipt requested, restricted delivery, and another copy of the same document by first class mail, postage prepaid, to: C? ? ?' ? ? ? ? ?? # ??? ?' '?- +b? '?3 ,?, , -? 7? .., ,t t7 =s°a x° :.?; . J ? `?. ? ? "[1 MATTHEW BOUGHTER, PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BONNIE USKO (FORMERLY TON DEFENDANT ER). 96-777 CIVIL TERM AND NOW ORDER OF COURT NOW, this THAT: -1y day of December, 2007, IT IS ORDERED (1) A hearing on the within petition contempt shall be co for special relief and to hold Bonnie conducted on Friday, December 7, 2007, at 11:00 a.m. ' Number 2, Cumberland County Courthouse, Carlisle, Penns Iva (2) Bonnie Usko is ordered to a y nia. ppear at the hearing. Pending the hea ' Matthew Boughter, Jr. shall remain in the ring Boughter. . Physical custody of his father Matthew (3) Matthew Boughter, Jr., shall appear at the hearina- ?0 31 WA 01 Dale E. Klein, Esquire d ?el For Plaintiff Bonnie Usko, Pro se 4° 419 Old Stage Coach Road Lewisberry, PA 17339 ' 0q :sal Co c? N v r 11,0'". BONNIE A. USKO (TONER) IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW S. BOUGHTER, SR. DEFENDANT • 1996-777 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 06, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, January 08, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /-3, 1 v -)-337 mw fb30 - LD-'I - r/ 'LC.1°3i - y 114 ?- 330 cool _. , ` N MATTHEW BOUGHTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BONNIE USKO (FORMERLY TONER) Defendant NO. 96-777 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of December, 2007, I adjudicate defendant in violation of the terms and conditions of the custody order. You are fined $500.00 payable to husband's counsel toward costs of this proceeding. This amount to be paid not later than January 15, Dale E. Klein, Esquire For Plaintiff Bonnie Usko, pro se 419 Old Stage Coach Road Lewisberry, PA 17339 Sheriff prs CD ems,) r- ?"? -J _ t Lz 4 cl` j t BONNIE A. USKO (TONER) IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 1996-777 CIVIL ACTION LAW MATTHEW S. BOUGHTER, SR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of -\' cosm, , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall participate in a course of co-parenting counseling with Deborah Salem at InterWorks, or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child and to address ongoing issues which have arisen with regard to the custody schedule. The parties shall attend a minimum of four (4) joint sessions and thereafter shall participate in the number of sessions deemed necessary by the counselor. The parties shall contact the counselor within 10 days of the date of this Order to schedule the initial sessions. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. 2. Counsel for either party or a party pro se may contact the conciliator within three (3) months following completion of the co-parenting counseling to schedule an additional custody conciliation conference, if necessary cc: Bonnie A. Usko, Mother Dale E. Klein, Esquire - Counsel for Father t? ? . LL, t F lC ' C) . . BONNIE A. USKO (TONER) Plaintiff VS. MATTHEW S. BOUGHTER, SR. Defendant Prior Judge: Edgar B. Bayley *011 20 rJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1996-777 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew S. Boughter, Jr. September 28, 1993 Father 2. A custody conciliation conference was held on January 8, 2008, with the following individuals in attendance: the Mother, Bonnie A. Usko, formerly Toner, who is not represented by counsel in this matter, and the Father, Matthew Boughter, with his counsel, Dale E. Klein, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 2: a Date Dawn S. Sunday, Esquire Custody Conciliator