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Home My WebLink About98-02209 -I '1' 1 \l ~! 'I.' ~J I ~~ 1 i VI 3 -c; ~ 't ~ (~ \, \~, '-! . I 0' 1 'i' .', ~, \)...'. . WIIERI~AS, ['lither llnd Mother desire In contil111 their agreenwnt relative 10 cuslody or the minor children and execute II Slipulalion and Agreelllenlto encct Ihe same, NOW. THEREFORE, in consideration of the mutunl covennnts, promises and agreements as hereinafter set forth and intending to he legally bound, the parties hereto agree as follows: I. Paragraph 3A of the Order of Court dnted May 19, 1999, and attached as Exhibit "A" ~hall be moditied to allow Father to pick up the children at school on Friday afternoon for his weekend of custody and to drop off the children at school on Monday morning. Father will also pick up the children at school on Wednesday ntlernoon and drop the children 011' on Thursday morning at school for his scheduled period of visitation during the week, 2. Paragraph 6 of the Order of Court dated May 19, 1999, and attached as Exhibit "A" shall be modified to allow Father to enjoy physical custody of the minor children beginning at 6:00 p.m, on Christmas Eve in the year 2000 and extending until 1:00 p,m. on Christmas Day. Mother will then have custody from 1:00 p,m, Christmas Day until 1:00 p,m, on December 26'h unless she already has primary custody on December 26, 2000, In addition, Father will have custody of the children beginning at 6:00 P.M, on New Year's Eve in the year 2000 and extending through until 1:00 P,M, on New Year's Day 200 I. This schedule will then alternate from year to year giving Mother custody during Christmas Eve and Christmas Day and New Year's Eve and New Year's Day in the year 2001 PSYCHOLOGICAL .COUNSELlNG AND' EVALUATION SERVICES 166 SOUTH MAIt~ STREET CHAMBEASBURG, PENNSYLVANIA 17201 JAMES W, NUTTER, EO,O, LICENSED CLINICAL PSYCHOLOGIST AREA coDe 717 204,8012 January 24, 2001 Honorable J. Wesley Oylsr,"Jr. Cumberland County Court 1 Court House Square Carlisle, Pa. 17013 Dear Judge Oyler: Per your Order of Court, dated October 31, 2000, I am writing this summary report of my psychological eval uation of Mr. Scott A. r~atthews and f1rs. Kimberly D. Matthews in reference to the custody of their two children, Lacee and Dakota. I met with both parties individually and also had each parent bring their children for an inter'view separate from the other parent. Mr. Shawn Rickabaugh accompanied Mrs. Matthews when she brought her children to my office. ~1r. Mark Swartz, Esq. forwarded his petition to modifY custody, a March 10, 2000 Stipulation and Agreement and Court Order, dated October 31, 2000 to my office. There has been no records forwarded from Mr. Matthew Eshelman, Esq. to my office. Mr. Matthews provided me with hand written notes attempting , to specify his concerns. t1rs. Matthews only documentation was a brief letter from the children's teachers attesting to their school attendance and positive functioning in school this school year. The parties reported that they married in 1992 and separated around Christmas, 1997. Initially, they agreed that Mrs. Matthews would have primary custody of the children and Mr. Matthews would have visitation every weekend. fIrs. Matthews petitioned to limit visitation to every other weekend and agreed to alternating weeks during the summer months. Apparently, the March 10, 2000 Stipulation and Agreement further clarified Chri stmas hol i days and exchange agreements for Mr. Matthews' visitations with the children. Mr. t'1atthews' current peJ;,il~ion IllY J / ^ <to; Matthews vs, Matthews Pa ge 2 dated July 27, 2000, requests that he be c0nsidered for primary custody of the children. It was specifically explained to both parents that the purpose of this child custody evaluation was "to provide the court with a picture of the family at this time, with an assessment of family dynamics, specific parent concerns, each parent 1 s abil I ty to provl de fOI' thei r children's needs and a suggested parenting arrangement for the restructured far,lIlies". Mr. Matthews specifically stated that Mrs. Matthews "is not a bad ~om" but her living companion, Mr. Shawn Rickabaugh, "doesn't have or want any children". Mr. Matthews votted concerns about his children's alleged fear of Mr. Rickabaugh suggesting that he is irritable and Intolerant with the children. "1r. ~Iatthews gave few specifics other than to suggest that there may have been inappropriate punishment of Dakota's en cop r e tic (s 0 i 1 i n g) a c c ide n t s. ',1 r. fl a t the w s a 1 s 0 que s t ion e d the appropriateness of Mr. Rickabaugh allegedly showering with Dakota. /oIr, Matthews suggested that he could hear Mr. Rickabaugh making profane or crude remarks when he (Mr. Matthews) would talk to the children on the telephone. Mr. Matthews opined that Mrs. Matthews tolerated Mr. Rickabaugh's alleged treatment of the children "because she has no other place to live". Mrs. Matthews admitted to frustration and over-reactions regarding Dakota's chronic encopresis. She admitted to switching with branch on 1-2 occasions and also having him stand outside after a particularly messy accident in July, 2000. He currently reports that she has started Dakota on medication and that he has been "accident free" for several weeks. Mrs. /oIatthews suggested that she was responsible fur.punishing Dakota, not r~ r , R i c k a b a ugh. The r e 1'1 a s tot aId e n i a 1 0 fan y s h owe r'i n 9 1'1 it h Dakota other than a "quick wash-off of sand" at a public beach this last summer. Both Mr. Rickabaugh and Mrs. Matthews are over-weight. They appeared to be sensitive to the children's feelings, especially r~r. flatthews' reports that they allegedly t~atthews vs. tlatthews rage 3 called Lacee "fat". ~lr. Ric~abau(Jh did admit to conflicts with t1r. Matthews but suggested that ~Ir. tlatthews has "never accepted Mrs. Matthews' leaving the Marriage". He denied any h a r r ass men t 0 f 11 r. t1 a t the w s ~I hen the r ewe r e tel e p h 0 n e con ve r sat ion s with the c h 11 d r en. 11 r s. t1 at thew s a 1 so s u 9 I) est e d t hat ~1 r . Matthews "loves his children very much". She did suggest that he would return them early on occasion, especially when he was in confl ict with his girlfriend. She also questioned his consistency with bathing the children or making sure that they changed their clothing on a ctaily basis. ~Irs. Matthews is a stay-at-home mother. tir. Matthews is employed from 2:00 p,m. until midnight, five days per week. There was no report of drug or alcohol problems with either party. Mr. ~1atthews had a PFA filed against him when Mrs. Matthe~ls initially left the marriage. There is no other significant arrest record admitted. Mrs. Matthews saw a mental health professional and took anti-depressant medication in the past. There did not appear to be limitations of depression at this time. Both Dakota and Lacee were seen on two occasions. They were friendly and fairly verbal during both meetings. There was minimal overt anxiety evident. They did appear to be too aware of their parents' struggles, disagreements and current custody petitions. Neither child admitted to being afraid of Mr. Rickabaugh. Dakota did not know who made him stand outside; He did report that it was during the summer, "not for a long time". Dakota admitted to calling Lacee names. Lacee remembered her mother talking to her about "getting fat if she eats too much". Both children suggested that Mr. Rickabaugh helpE them with their homewoek "if mom doesn't know how to do it". Dakota spontaneously reported a preference to live with his father. He could give no reason for his choice and there appears to have been extra awareness of his father's court actions at this time. Lacee did not verbalize any specific preference for either parent to live with. Mr. Matthews thought that Lacee would be ambivalent and also aSEumed that Dakota would probably choose Matthews vs. Matthews Page 4 to live with his mother. In summary, both parents are most probably capable of providing adequately for their childl'en, The children appear to be functioning adequately with the current custodial arrangement. There do not appear to be drastic 01' cleal'ly signif'lcant changes in either parent's life since their last agreement in March, 2000. The children's pn!ferences are not clear. There are no clear allegations of abuse 01' neglect, Drug or alcohol abuse is not alleged, The primary issue appears to be confl ict between ~Ir. Natthelvs alld Ilr. Rickabaug:l. Although there may be a kel'nal of truth in ~Ir. l'latthe"s I concerns, reported incidents appear to be reasonable errors of judgement versus any clear pattern of irresponsible treatment of the chi ldren. ~Ir. Matthews clearly tlas every right to be respected as the children's father and all of his concerns should be respected by both Mrs. Matthews and Mr, Rickabaugh, HO~lever, after three years of separation, ',Ir. Hatthe"s must al so respect flrs. Matthe"s I choi ces and bel ieve that she wi 11 protect and respect their children. At this time, I could not discover any basis for a total Change of a custodial agreement that harl just been reviewed several months ago. /1r. Matthews appears to have a very significant role in his childrens' lives. Due to the fact that there has been significant conflict beh/een the parties , any type of joint custody is not advised. It is specifically recommended that Mrs. Kimberly t1atthews remain as the primary custodial parent for Lacee and Dakota Matthews. Respectfully submitted, " /G/1 '/(L('~-" .'/ ;?m'~s' fl. rlutter, Ed. D. Clinical Psychologist . PSYCHOLOGICAL COUNSELING AND EVALUATION SERVICES 168 SOUTH MAIN STREET OHAMBERSBURG, PENNSYLVANIA 17201 JAMES W, NUTTER, ED.D, L10ENSED OLINICAL PSYCHOLOGIST AlIEA CODE 717 26~.6812 January 24, 2001 Honorable J. Wesley Oyl~r, Jr, Cumberland County Court 1 Court House Square Carlisle, Pa. 17013 Dear Judge Oyler: Per your Order of Court, dated October 31, 2000, I am writing this summary report of my psychological evaluation of Mr. Scott A. Matthews and Mrs. Kimberly D. Matthews in reference to the cus tody of thei r two children, Lacee and Dakota. I met with both parties individually and also had each parent bring their children for an interview separate from the other parent. Mr. Shawn Rickabaugh accompanied Mrs. Matthews when she brought her children to my office. Mr. Mark Swartz, Esq. forwarded his petition to modify custody, a March 10, 2000 Stipulation and Agreement and Court Order, dated October 31, 2000 to my office. There has been no records forwarded from Mr. Matthew Eshelman, Esq. to my office. Mr. Matthews provided me with hand written notes attempting , ,to specify his concerns. firs. Matthews only documentation was a brief letter from the children's teachers attesting to their school attendance and positive functioning in school this school year. The parties reported that they married in 1992 and separated around Christmas, 1997. Initially, they agreed that Mrs. Matthews would have primary custody of the children and Mr. Matthews would have visitation every weekend. Mrs. Matthews petitioned to limit visitation to every other weekend and agreed to alternating weeks during the summer months. Apparently, the March 10, 2000 Stipulation and Agreement further clarified Christmas holidays and exchange agreements for Mr. Matthews' visitations with the children. Mr. Matthews' currAnt petition DEFENDANT'S EXHIBIT , ~ Matthews vs. Matthews Page 2 dated July 27, 2000, requests that he be considered for primary custody of the children. It was specifically explained to both parents that the purpose of this child custody evaluation was "to provide the court with a picture of the family at this time, with an assessment of family dynamics, specific parent concerns, each parent's ability to provide for their children's needs and a suggested parentinq arrangement for the restructured families". Mr, Matthews specifically stated that Mrs. Matthews "is not a bad ~om" but her living companion, Mr. Shawn Rickabaugh, "doesn't have or want any children". Mr. Matthews voiced concerns about his children's alleged fear of Mr. Rickabaugh suggesting that he is irritable and intolerant with the children. 11r, Matthews gave few specifics other than to suggest that there may have been inappropriate punishment of Dakota's encopretic (soiling) accidents. Mr. Matthews also questioned the appropriateness of Mr. Rickabaugh allegedly showering with Dakota. Mr. Matthews suggested that he could hear Mr. Rickabaugh making profane or crude remarks when he (Mr. Matthews) would talk to the children on the telephone. Mr. Matthews opined that Mrs. Matthews tolerated Mr. Rickabaugh's alleged treatment of the children "because she has no other place to live". Mrs. Matthews admitted to frustration and over-reactions regarding Dakota's chronic encopresis. She admitted to switching with branch on 1-2 occasions and also having him stand outside after a particularly messy accident in July, 2000. He currently reports that she has started Dakota on medication and that he has been "accident free" for several weeks. Mrs. Matthews suggested that she was responsible for, punishing Dakota, not Mr. Rickabaugh. There was total denial of any shCP.'ler'ing with Dakota other than a "quick wash-off of sand" at a public beach this last summer. Both Mr. Rickabaugh and Mrs. Matthews are over-weight. They appeared to be sensitive to the children's feel ings', especi ally Mr. Matthews' reports that they all eged1y Matthews vs, Matthews Page 3 called Lacee "fat". Mr. Rickabaugh did admit to conflicts with Mr. Matthews but suggested that Mr. Matthews has "never accepted '.1rs. Matthews' leaving the Marr1age". He denied any harrassment of Hr. Matthews when there were telephone conversations with the children, Mrs. Matthews also suggested that Mr. Matthews "loves his children very much". She did suggest that he would return them early on occasion, especially when he wa~ In conflict with his girlfriend. She also questioned his consistency with bathing the children or making sure tha~ they changed their clothing on a daily basis. Mrs. Matthews is a stay-at-home mother. Mr. Matthews Is employed from 2:00 p.m. until midnight, five days per week. There was no report of drug or alcohol problems with either party. Mr. Matthews had a PFA filed against him when Mrs. Matthews Initially left the marriage. There is no other significant arrest record admitted. rlrs. 11atthews saw a mental h~a1th professional and,took anti-depressant medication In the past. There did not appear to be limitations of depression at this time. Both Dakota and Lacee were seen on two occasions. They were friendly and fairly verbal during both meetings. There was minimal overt anxiety evident. They did appear to be too aware of their parents' struggles, disagreements and current custody petitions. Neither child admitted to being afraid of Mr. Rickabaugh. Dakota did not know who made him stand outside; He did report that it was during the summer, "not for a long time". Dakota admitted to calling Lacee names. Lacee remembered her mother talking to her about "getting fat if she eats too much". Both children suggested that Mr. Rickabaugh helps them with their homewoek "if mom doesn't know how to do it". Dakota spontaneously reported a preference to live with his father. He could give no reason for his choice and there appears to have been extra awareness of his father's court actions at this time.. Lacee did not verbalize any specific preference for either parent to live with. Mr. Matthews thought that Lacee would be ambivalent and also assumed that Dakota would probably choose , ... Matthews vs. Matthews Page 4 to ~ive with his mother. In summary, both parents are most probablY' capable of providing adequately for their children. The children appear to be functioning adequatelY with the current custodial arrangement. There do not appear to be drastic or clearly significant changes in either parent's life since their last agreement in March, 2000. The children's preferences are not clear. There are no clear allegations of abuse or neglect, Drug or alcohol abuse is not alleged. The primary issue appears to be conflict between Mr. Matthews and Mr. Rickabaugh. Although there may be a kernal of truth in Mr. Matthews' concerns, reported incidents appear to be reasonable errors of judgement versus any clear pattern of irresponsible treatment of the children. Mr. Matthews clearly has every right to be respected as the chil dren' s father and all of hi s concerns should be respected by both f1rs. Matthews and Mr. Rickabaugh. However, after three years of separation, Mr, Matthews must also respect Mrs. Matthews' choices and believe that she will protect and respect their children. At this time, I could not discover any basis for a total change of a custodial agreement that had just been reviewed several months ago. Mr. Matthews appears to have a very significant role in his chlldrens' lives. Due to the fact that there has been significant conflict between the parties, any type of joint custody is not advised. It is specifically recommended that Mrs. KimberlY Matthews remain as the primary custodial parent for Lacee and Dakota Matthews. 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I " CEATIFICATION OF BAIL IOTN AND DISCHARQE --1 (.Ot.4MONWEAtHlvS /V4'ItIICl.flI N'I!w ~n<lA(klltJl~) Scott Alan Matthews R.D. 81, Box 216 Landisbur , PA 17040 ROR (no surely) [ ) Nonlln,,1 Ilall 1KI 8sll(lolel.mounl.el, II ROY) $ 1500.00 Kl Condlllon, 01 Release (."delrom .ppe.tlny.' coull When "'Iulred') Conditions of Protection From Abuse Order dated 5/6/98, (cHInch llddondurn. illlflcm19cHY) 9ECuflIIVOflSLJllfTY(U ANYI o Swaly COmflany KI Prole,,'onal Bond,mun $1500.00 o Re.lly o OIMr JUOOl mIIS$UI'lQ AU THom T v Ban. J. WeslElY Oler. Jr. APPEAnANCE OR BAIL BOND THIS 10ND IS VALID FOR TH~ ENTIRE PROCE~DINGS AND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES, C" '1.IIM~tj{) 98-2209 civil Term L "."me"."",,,, CttMln!I~11 ContElllpt (Violation of Protection [o'ro11 Abuse Order) NEXT COURT ACTION Ilk '''U" COllrtrocrn i CUrib. Co. Courthouse IIOltlor (JAil MIll II!,!' 3: 30 Thurada 6 11/98 TO 1..1 Onlnnlton Gonlo, I Imrohy cor lily thaI HulllclOnl ball haH !loon onlored [J By ItlO cJolondimt IXI On burlall olltle dolend"nl by Vivian Rockey 707 r"J,imu ^ ArldlfJ,~~ III 51110'~! (ltcen.", No, . Rolund of cash bail Will be outdo Within 20 days aller final disposition (Pa Rer P 40' 5(b)) . RufumJ 01 all olher Iypes of bail Will be mado promptly aHer ~O days follOWing final d!~Po~lItlon, (Pa.R,C, ,P 4015(a)) . Billig Cash Ball ReCEllplto Clerk 01 Courl DISGHARGE HIE ABOVE,NAMED DHENDANl fROM CUSTODY If DETAINED fOR NO OHlER CAUSE THAN HIE ABOVE STATED. (llvell tll1(lor rny hand aneJ Ole Ol!lclal Seat allhls Courl, tillS 8th cloy 01 ~____, 192e.. ~ ') , 1.._ ' tJ.... 'fkt.JjtJ~-,- J --- l(ter~ (IICo(J" 01 !;'Hii'IQ AVlhollry! (SEAL I - WE, THE UNDERSIONED, d.llnd.n' Ind lurely, our eUOCUlor., h.lre Ind "elgnl, .re Jointly Ind ,.....lly bound '0 PlY '0 th. CommonwullhoIP.nneyl.lnlllhuumol Jti1.~==::=_------- doll...(S 1500.0Q ), SEE REVERSE SIDE FOR BAIL CONDITIONS CERTIFICATION OF COUN rER INDEMNITY AND PREMIUM (Applicable Only When Surety Is A Corporation) __' Principal. and . Surely. hereby cerllfy lhallhe amounl paio by said .PnnClpalto said SUfflly lor bail In the abova mailer is $ and Ihat no lurther sum or 'o)UITIS is to be paid Illarefore by Ihe said Principal or anyone on hiS behalf WelUrlher r.orlily Ihal said Principal Ms gIVen 10 said Surely Gounter !ndllmnil~ consislmg 01 __ ollhe value 01 $ and no IUrlher counler indemnily is 10 be gwen Ihe said Surety excepl ,,'ollowe: Welurlhef certlly Ihal lhere are no judgments against the said corporale surety outstanding and unpaid lor a period 01 more lhan thirty days trom the dale ullhe entry of such judgmenl except lhose in which a pelillon 10 open {If va(;ale 'he ludgment has been lIIed anti remallls undlspoSfld 01: Daled ,19_ MUST BE SIONED IN PERSON BY THE APPROVED AGENT I ACKNOWLEDOE THAT I AM LEGALL Y RESPONSIBLE FOR THE FULL AMOUNT OF THE BAIL, The tal/OWing acknowledgemont IS also applicable It Percentage CaSh Bail is t/sed THIS BOND SIONED ON June 6th l~L 81 Carlisle PENNSYLVANIA Signed and acknowledgod bolore mo lhis Ath day 01 .111nA .~~-- De Prot~noi~'lI" OIII~I!lfI'l AII"lIlII/V! . In c~~ COfpOrlJ/8 SlUbly bil Pownr 01 AHornoy mils' be aff/wed to bond or Otl'OfWISfJ bond is inVlllld ,193lL. OJHGlNAL ~.iHM, '~ ~""'" LiA ~~ ( SIUNWlf Of III ffNflANl (SEAL) (SEAL) (SEAL) (SEAL) Signature 01 StlToly (May be Bondsman. Ball AQencr,' or prlvale irJdividiJal or ofganiZation) El<cePf wtlBn defendant is fO oased on his own fOcognilllnce (ROR). tllis must bo sign8d in all ball situations. IfIcltJdin(} nominal bail l\tlllfll.';'i ()f ~;lJW ! Y ~;lJfH TY COMPANY 011 III IT NOANI $IHf"V No u, P'(llll~~'(ln'" lIo/llhm,11l L'O::"/l.~e No "htUd"on Dille . In case 01 Percentaga CaSh Ball or Nominal Ball, Powe1 at AHomey Is not ffJQulred. AOPC414-l\2 ,~' CEATIFICATION OF BAIL AND,'DISCHAAOE !'OUCE CAS!: NO D.l NO OTN COMMONWEAL TIl VS (Of lend.", N.mo .nd Mdlf".~) Scott AIM Matthews R.D. '1, Box 216 Lalldillbur , PA 17040 . ReR (no sure'y) [I Nominal Ball Il Boll 'olalemounl 001, II any) S 1500.00 I[) CondlllOns o'.RolNsolaslds "0m appearing al ,ourl wh.n required) Conditions of Protection I'Yun Abuse Order dated 5/6/99. r;H"'-l(If:(S~ CI' IInM'"'' 98-;!209 cttil Term [lATE ()J' c.WIOElS, ContElllPt (ViolaHon of Prntectiofl I"rr.m Abuse Onler) TO NEXT COURT ACTION l()(;AlIO" Courtroan 1 Co. C'..oort:hoose o Olho, (allach addendum, il necessary) I hereby certily thai sufllcionl ball has been entered ,;," o By Ihe delendanl lKJ On behal' 01 Iha defendanl by: . SEcumfv OR BURElY (IF ANY) o Su,ely COmpany KJ P,oloasional Bondsman o Realty o Olhar /Nal7ln <\ Addreu of SIJI/J/yJ V~vfan R()()key \. 707 (LiCl1nstlNo" $1500.00 . flelund 01 cosh bail will be ",ade within 20 days olie, tinal disposition (Pa,R,C,,p, 4015(b)) . ReIL",,1 01 all olhe, Iypes 01 bail will be made promplty aller 20 d~yO lollowlng Imol disposition. (Pa,RCr.? 4015(a)) . B,lng Cash Ball Recejpllo Cla,k 01 CO"" < -.' -. 1,1'" , DISCHARGE THE ABOVE. fJAME'O DEFENbANrrFRPM CUSTOPV IF DETAINED FOR NO OI.H~A CAUSE THAN THE ABOVE STATED, Given under my hand and the Official Seal of lhls CO,un, JUDGE OR ISSUING AU'HOfllTY APPEAAANCE OR BAIL BOND I THIS 1I0ND IS VALID FOR THE ENTIRE PROCEEDINOflAND UNTIL FULL AND FINAL DISPOSITION OF THE CASE INCLUDINO FINAL DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED STATES. 1hlS 8th day of .1une _,19i!l, ~.u ' C /l.tj-ff',:"" .'. . (CIOlk.oICour/OI/,suiflgAulho.'i'rl (SEAL) WE, THE UNDERSIGNED, d.'.nd.nl .nd .uroly, ,dur .uc...oore, h.lro .nd ...lgn.....r. jolnlly .nd o.v.r.lly ~nd to p.y 10 t... Commonw..ltho' P.nnoylv.itIa Ihuumo' . l;'iHeen H'mrl~h______--';'.~.7,--~ doll.ro(l1590';,OO . ). SEE REVERSE SIDE FOR BAIL CONDITIONS"'",,,,,, ", . CERTIFICATION OF COUNTER INDEMNITY AND PRhllUM (Applicable Only When Surety Is A Oorporatlon) , ' P'incipal, and ,Su'fly, her.by ,erllly Ihallhe amounl paid by said Prin,lpallo said Su,ety lor ball In Ihe above mailer Is $ and Ihal no lurlher sum or sums Is 10 be paid Iherelo,a by Ihe said P,in,ipal or anyone on his b.hall. W. lurlhe, ,e,lily Ihal said Prlnoipal has given 10 said Surely counler ind.mnlty consisling 01 _ ollh. value 01 $ and no lu"ha, ,ounler Ind.n,"lly I' 10 be given Ihe !<lId Su,e'y ."epl aslollaws: W.lu,ther ,er'i1y Ihat Ihere are no ludgmanls agalnsllh' said corporala su,ely oulslanding and unp'id 10' a period 01 more lhan 'hl"y days f,om Ih. dati 01 lhs .nlIY 01 sutoh Judgment "'epllhose In which a pelilion 10 open 0' vatal'lhe IlIdgmanl has been fll.d and remains undlsposOd ot. Paled: ,19 ~ ~~ ~~~~. ~ SI(l"f4t~ OF "",,,oANT (SEAL) MUST IE SIGNED IN PERSON BY THE APPROVED AGENT .' I,d'.; j . 1 ACKNOWLEDG~ tHAT I AM LEGALLY,RESPONSIBLE FOR THE FULL AM\lOt.lT OFTHElAIL. ., , ''>" The following ~knowledgement Is also applicable If P.rcenlag,;Cash Ball is Used. . THISBONo,SIGNEDON ,1"n<! Rt'h .":"-,_I!Ull.- 01 /"Ilrn''le PENNSYLVANIA Signed and a'cknowlfldged bolore me thIS e"h day 01 1'tnr.t -'1" L C, ')>4.te;. _ {ClfJlk .1/(;OlJllot '~~lllmIAI//lI(jII'yl (SEA~) (SEAL) (se~q S'gnalure 01 Surely (May be Bondsman, Ball Agency, or prl..t& indiVidual or organization) Except when defendant Is released on hlB , own recogO/zance (ADR) IhlS musl be signed In all ball s/lua/IIlII., mcludlng nominal ball ,19.98-. Anr)m~,s OF SURETy SURE Tv COMPANy OR O[ft:NtlANT , .'n oaS8 of corporato surety bal" POW8f of Attorney must ' be afflxed'o bond or othfJfwJse bond is Invalid. ADDITIONAL COpy - SmlJlr No 01 "'oIOHIOI)ItIBorld.~man LlunJfI No" ~l(pI"'IOO4J~ft, ,","i':,:'f ,- '. '(. -,c-"'~T:1i:,';'\i':'!!~" · In esse 01 Percentage Cash 81111 ~ NQmI~I/lfII'~J"i_~,!r;;,' oIA/lorneyisnoffeqlllr/ld, ' :..' ~'~' -~'l"~~~_ ~_ . 'f;, COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COJmBRLAND 1I.n..NII.! 09-3-02 DJ~,",," IJBLBN' B. 8BULIDIBBROBJl ---'P~O.'BOX 155 37". BIG snnm A'ID11IC HDV:ILLB, PI. T........., (717) 116-3187 17241 PRELIMINARY ARRAIGNMENT NOTICE' COMMONWEALTH OF PENNSVl,.V.NIA BBLJDlB., SBULIDmDQBJl, '.O~ BOX 155 27'.. aIG SPRING A~ "'v~LLB. PA 17241 " , .~ va. DEFENDANT: "~,..... ......841 IifA'l'TRBlfS, 8CO'1"l' ALAR R.D. L, BOX 216 LAHDI8BURG, PA 17040 L Docket No,: 0.-0000089 -98 Date Flied: 6/07/98 OTN: B 930552-0 -, .J . Charge(s) : r3 .6113 II~ DmIllBC'l' CRDIIHAL coN'l'Bin>T You are hereby nollfilld that a preliminary arraignment will be held In the above captioned case at the lollowlng Ume and place: ~ L~ (; Place: DI8TRI P.O. 1IOX 155 27 K. BIG SPRING AVBNOB ~LLB, PI. 17241 1100 All At the preliminary arraIgnment. you will be given a copy ot the Orlmlnal complaint that has been tiled agaInst you, In addltfOn, you will be advised 01 your righl to counsel. your right to a preliminary h~aring, and the amount and types 01 ball available if your oftense Is a bailable offensa, I At the preliminary arraignment. a date and time will be fixed for your preliminary hearing and you will be given a reasonable Opponunlty to post bail, If ball Is not posted, you may be committed according to law, (,...? "1 ( Date ~_ &,~4..4, L. - - ~( ~ ~ My commission expires first Monday 01 January, 2000 , II YOIl are dllabled and require all'ltlnoo, pleaae oontact Ihe Mag'sl.r..1 DIstrlot Olflte'at.lhll,,, .delrelaabove. '. . ';.... " -..;i>,. .. ' ' , 'ft,;', If you have any queslions, please oall the above 0"100 Immedlately.'~j..:,'" ,';. ", ,~;.. , "- , ." . :~~. ~ ~ "'I .lJ , ...... ", .' ..' 11:, : ''''.r.:'' . ... ,fo>.' . ....".r)}jsirliit.JIi~ ,'" ',. -<4,' tr,.,. '....,' 11'1 'f.' \.." BEALl"., ...,1 OATS PKINTBD. 6/08/98 ALL COPIBS PIlDIl'BD COMPLAIlft' JftJIfBBR: DAD COIIPLAlNr SlalOm. 6/07/98 AOPC 630.97 DOO'" (~O-r-Rnl 'r'(f tA~R ~I/ ITI VV~ nolln U/AO/AO ~ \,... (Contlnuatlon of fl.) ~!)ete~NIlIl': ocr1l'r AIAN ~ 31 Docket NW1Iber: . , - POUCH CRIMINAL COMPLAINT an ofwblch were egainst the peace and lllplt1 of the CommOl1wea1th of Pennsylvania and c:onttuy to the Aet of ANemb\y, or In violation of 1. 6113 of the I:R 1 (Soation) ~ion) (PA Statute) (COUntfl) 2, of _ (Soat1on) (Sub-Soot10n) (PA StatuW) (counts) 3. of tl10 (Soation) (Sub-Soo-.lon) (PA Statuta) <_nul 4. of tho (s.ct1on) (Sub-Soct1';;;- . (PA Statute) (caunt..) 3. J uk tbl.t a warrant of anest or a IlUIIlDlOns be Imled ancl that the defendant b, nqnlmd to 8IlI\VIrlhe charps I havelll8de. (Ia unIer in' . warrant <I. amIIlt to 1eIJoe, the ....hwl lIfIIduIt <I. prubUIe ra_ D.l\Mt be ~ aDd_to Wntbe 1anJtng~. 4. I ve~ tbl.t thellt.ala eet forth In thb c:omplaiDt are true and co~ to the best of IIU' knowledge or Iuformatlon and beUet ThIs vetific:atiOll ia made lIUbJect to the peualtles of Sec:tlon 4904 of the Crimes Code(~18 PA. c.s. 8 49(4) lllla1bJg to unsworn falsifica1ioD to authorltles. . l 01,,;,-' 01 ,19....i~ T""'?-l.............n:' , _ .- ~OMtal,.. AND NOW, on this date (, _ ') ,197'1>' ,I ~rti(Jtbe COIlIpIalnt hu been properly oompletod ~d verified. AiliilIIaavlt of )lrobable caUSll must be complBiOO In order tor . wanmt to iIIae. 01'- 3- O;J.. \NU'lIWr1a, U1:1tr1ot} AllPC 412-(4/96)(1_ V....ian) ~ L5 >';';~~::~ "f '. M r 2-8 . SBAL COOil'l (lO-r,-ftOI'r'o t9lft ALL LIL YV~ OO:LO 9ft/AO/AO ~ J' "J:; (J 'I' (' 4,.) '7.-- Ilelen II. Shulenbel'ger District JUBtice Magisterial District 09~3-02 2'1 W. Big Spring Avenue Newville, PA 17241 Complsint No. Year Number .-------- Complaint No. of other Participant.s ----~- COMMONWMLTIl 01' PENNSYLVANIA VB. Defendant. (Name and Address) I .5-, H /)//1... /17-<-"'-1. "";,1 ,c:' 1/ j,I I I-::rv L/ <- t/~hJ, j /"""lrJ I'll /,IJ'{O L_ " ~ C 0 U N BEL QUE S T ION N A IRE Do you have an attorney? ,.' ~~ Do you understand that you are entitled to have an attorney to represent you in this procellding if you wish one? 7-- Do you further understand that if yotl are indigent and fJ.nancially unable to employ an attorney to represent. you that thIs court will see that one Is provided for you wIthout cost to you? L-~_/ c7 Once you have bsen adv.iaed of your right to have an attorney, do you wish to have an attorney before we proceed wIth thIs case? n" I hereby certify that I have read the above questions, that they have been read to me, and that I have made the anSWers to them as indicated thsrein. ritl-J( j;f~~ ( e) I hereby certify that I have read the abovs questions to the defendant, sc.# ;::), /!Ill Jlt. .......-/ , and that the answers thereto were either written by him, or were written by me at his direction, and I further oertify that I am satisfied that he/sht' fully understands the meaning of the questiona and answers. ~ 6 rt€;~~,t... ~ (Name) - 0 stdct Ju .loe &- ?- <J Y (Date) Month - Day '- 'leal' IN 'rilE COURT 0)' COMMON PLEA!! IN AIID )'OR TilE COUN'l'Y 0)' CUMIlERI,AND CIUMINAL AC1'ION NO. 'l'E/IM, A.D. 19 COMHONWEAJ/rll 0)' PENNSYLVANIA va, APPLICATION FOR TilE ASSIGNMENT OF COUNSEL TO 'I'IIE: 1I0NORAIILE JUOOES 01<' BAID COUR'I'1 S', II II /1)>.-, /YWI/,I., '-" 1'he avpUcant rosid,tn9 at shows that. l.. I am named a defentlant in the abovo elltitletl criminal caUBe of aotion alle9in9 that 1 tlid cORURit the crime of in the County of cumberland anti state of Pennaylvllnia, tidY of ,19 obtaill coun~ol to do fund RIo in this miltttlr for the on (or 2. reason ilbout) tllo r ilm unilble to that /';Nr /?~....... 5 t.. "(~.<,, 3. I am unable to obtain funds from IInyonll, inclUding my family and asaociates, by way of compansation for counsel. and represent that the allawers to tha follOWing quaations are true to the but of my information and blllisf, a. Do you have any money? If so, how muoh? $ (1) In the peraon .";)()/J__ ". S",-- (2) In cuatody of the Warden (3) In the bank (4) At home (5) Elsewhere b, Do you own an automobile? (1) Year and make 11'1. (2) Cost $ (3) I owe $ q,II'~,_ to (4) It is now at w..' Ie Do you own any real eatate? Jr--" If Specify improvements. (J,.::;-7iv"~5;" (1) llow Wftll real estate obtained? (2) Cost? $ (3) I owe $ to ~:J l '-ClJ ~.,( '-I c. so, /. where located? -I, Vv.... (. "-. d. Do you own any other proverty or do you havo any other assets? (If anSWer is "yea" furnish description thereof and specify its present location). e. Does anyone owe you money? If yes, give the person's name and address and the amount he owes you. f. If 1II.U'dud, what iN Iltllll", II<JN allll IIddrUNH of your (wHe) (huubllll<l) 'I fYlftYri..j (1) When (\lei you lu"t Iivo with YUU1' (wHo) (hu"u/md)'l (~) UotlU your (Wife) (huHbllnd) work1 (3) What iu namo and addreD" of (hor) (his) tlllllJloyur'l LA<.., ~ q. IJo yuu hllve /lilY oh11dr..n1 (<Jive n'IIIIO", ayeD alllt tld<lreDDoll) {Ii r ' .JJ1Jl.r, c In,,!, ~ ,~,~~ '. ,", _______ Lh.J>AR;" ,Sc,lf '~ y~;" ~"~~._. h. Whllt is yuur hO\1\o ueldrllss1 1. Whore <lid you work ltl"t1 j. What is your Sod"l Seouril:y Numben k. ~Iat oalary or wages were you reoeiving1 1. Wh!l,t was the tot"l "moullt of your incomo duriny tho pa"t 12 mOllths? Ct rt't:'r~.... >>' L.~I (; l',,: _'_ , III, III thOl'O u job walt1ny l:or you1 G!,,,. r- 4. (I,tne out i\ or U, whichevor does not ilpply) iI. 1 "m I'rouontly in jilil "nd un"ul" to obt"ln UtilI. b. 1 "III pre".,ntly released frolll jail on buH In the lImount of $ 'l'hu cuet of Nuoh bull w,," dufrilyod ulld l'il1d by ill tho 8UIII of $ 5. 1 have not previously been rel'rosentod by tin attornuy in any ctlse in court elloopt (give name of attorney, nllme of oase in whioh you were represented and lltats whether aI' not your attoruey was pald in this oaS8 and by whom). WllImtl~'ORE., petItioner praYN' 1'hat this 1I01l0rable Court a"eign counsel to represont (him) (hel') in entitled oriminal oause of action without fee I' cost t,o the defendant. d'4J~~6j.~ , the above )<" siii COMMONWtlAL'!'1I m' PENNSYLVANIA COUNTY OF CUMU~RLAND........ 51, JI (.), 11?n H~, '" (his) (her) oath, deposes and says. 1. 1 am the petitioner in the above entitled aotion, 2. 1 have reud tho foregoing petition whioh consists of this rov(,rao side hereof and know thu oOlltuntN thereof and the Sdme "re knowledge. el'cept as to matterll thorein lltatod to 1.10 allegud as tu than myself,ulId, as to those matters I believe it to be tlUO. 3. 'I'his affidavit is made to inform the Court ae to my status of indigoncy and to illduce tho Court to assign oounsel to me as an indigent defendant for my defense against the criminal chargee that have been made against me. 4. 111 lIIaking thio affidavit I am aware that perjury is a felony and that the punishment is a fine of not more than ' or impr.1sonment for not I~ore thlln SOVOII yeaI'll or both. '15,OOO,O~ ~ {d~."t/,-1 ff~ Si9n hore )SSI ,being duly sworn aooording to law, upun pago and tho Lrue to my own 1'01' lions other Subscl'ibod "nd sworn to before me this 7)"(, c.lf ~~. ~('? }", " ,i<~.y~_--t.,-, Cr- day 19 ~' Yo ~il ~U_i.m"T"''TlAiiiIiii" ' (,;ommor1lfl.,8I DOCk.t NwnOOt IJ,91atlt(OnlliCalI0;~ . OTN . 930552-0 CJl-0000089-98 I, P'lnalluulng ......lhOIIlV"O be campl.led by Flnl ItUlll\J AulhOflly .- li_ TI8"$101l00 frOili1ii1ffiiTiuIJing AllthQII~ IIILIII B. SllULIIlIllIRGn I 09 I 3 I 02 rTRim.~.til('i'iTIlilT\tFi'iiI) 7. n'ljIlITrani'or o [j.Q~OI No 01 ,nl'i81IUUlfl AUlhoilTV. CR-0000089- fl I IIA'1"1'HDS, SCOTT ALAN 9 AlhanL"Yn.~~vtfK'.991Ialnt fr!.(lm~ jUl.(J_^~.!..onb R.D. L, BOX 216 TROOPB JA ON L. CARDA GH LAllDISBURG, PA 17040 PA STATB POLICB 1501 COIOlBRCB AVIlHUB ~ CARLIBL., PA 17013 [l911'Q1~jif --ll1;rr~~per.!or lIcollle Numbor l4!1lllIJ flom II'u~ \, UIl(JQ.-~lun\borIO"ic8/ I-D T Mid 00 VY 12 06 65 M 20889440 PA PAPSP1000 7921 It, Olt'olAlrt Ii. oat.Campl,lInt Flied 120. SummO{1~ Dato luuod 21. Wdudnt 22, Summons Rflturnod 12kfo'yhmlnl/Y Arr'lgnment n O&l'lWlI,<<<lIIlC<w11 ~~!^DJ' ~~ ~~~ MM1 D~ MM 00 VY MM I DO I YY , 'I' ~'71 QY~ "1";I~n MMIODIYV 01'1" _ _, I I ?II. f'ltfm,H.arsum,Tr'I' 27. Addren 01 P'Bllmlnl\ry HoarlngISumm."y Trial 32, Dale SelFoI " PrellmlnalY C Hearing 0 '. OalCflPllllnol Chargo~ 01:," Grading '1'/I'''"b'bDaI'yy . JO ~nrJ~a~lgrld 31. Disposition MM 00 YY I~ r.- vnD nv a' T '-;; T I I - . - ,- ,- 34,Advlsed 01 His Right ~ '" 35, Public Oelender ~ No 36, Appllcallon Provided ~ No 37. In casas whoro SO loqulred,llho MM D'~D YY D D D wllllln named Inulng AUlhOrlty, did makB to Apply lor Asslgnmenl X Requesled by the X lor Appolntmenl 01 X 8flJjuonabloeUorllOteUlolhodillor6nCt) 01 Counsel? Oelendant? Public Oelender? OO!W60n Ihe Oal6ndanlandlho CompJalnanlon: o 88n ant e~l\Iam~ - 3 oeenants ame - I, I, I, , ,.- 4Q.Enler 'C' 101 wUnau 41. Witnesses Names and AtJdrosses and Names and Addresses of parsolls " 43 ... lor Complainant- Inol mDro than 2), Oelendant wlsh.slo be Nolllled lor 'rial . ..Sworn Tostilied Dl'lr,m'tt ~ Enl,r'D'IIJlWllnl)U PeltllN IPI Dorendanl ,,,. r1Qt~1td - - , - - - - AIIDrnev's Name and Addres~ lor: 48.1.0. No. 045. Cummonwoallh - .,jLCl2IDI!.!alnanl - 047. Dolendani Private Other V;' ~8't'~~ , 50. f1lnes ~ounl 51, Cosls oJ 52. Judgmont 01 Sen!once $ .OQ$ .0 BAL, . .00 Name and Addre" 01 CDrporole Surelv and Agenl Dr Individual Suretv.Prellmlnerv Arralnnment Ballet Prellmlneru Arral' nment S6. Dale Ball Posted e3.TYpOl'~mOiJnl 15MaI'~'l\ yy UBBB ctJIlRBNT BAIL INFORHATION PAG.U MM,DD1YV 'I I Name end Addre" 01 CDrnorale Surelv and Aaenl Dr Individual Suretv.Prellmlne", Hearln Current Bell/Bell at Prellmlnar Hearlnn ___ 80. Dale Ball POlled /:Ty"" -f:^mOllnl 5~S'I' ~'ll I YY "SBB ctJJlIlBN'I' BAIL INl'ORIIATION PAG." MM DO YY I I aI," ComflUlitd Ol(e =. ~Iaco 01 Comml!monl n~ln~ 1,," r: t"1I'V "DT -.-. --.- "" . [4'OaI6TllInscriPISI1I\1 10CoUlt MM 00 yy 06 08 98 Certified thls__ ~!..!1 day of Jill)+, _,......:.- , 19 2l COPY. CLIO: OF COURTS AOPC 501A'94 PRINTBD, 6/08/98 9152.01 s n expires first Monday of January, 2000, SEAL ~. ~ I, t e above named Is Ino Authority certify t this Transcript Is a true and correct Transcript 01 tile Docke!, a-0000089-'8 I, UOCfl.'1 rrum1Jij 01 r'1"'11"~ng ~'l1Or I~ 11I- CQmlllOn f'lutil"JOCIIII unlrn.r I J, maIU1<hll1lllClliQnNWl1bo/ I, rlOlll"Uln" AulhoiltVltQ Dt COmp!(ll.d bY-fTriilfilulnll ~ulno! 11 aLa B. IBULIlIIJIUUIR e. Nlnl.llnd Add,,,. (l..' N.n1t PI,." 1IA'1"1'Imf1, 'CO'1"1' ALAR a.D. L, J,lOX 216 ~I8BURG, PA 170.0 - [0, 02 r-TrintTelfedllOnlhlur.tT1uuII1UAL!jIQtiIY OTN J 930552-0 " 0'10 UTT;'i";iij~ -rliorkot No. 01 !rlitl.,lnuinu Alllhorlly MM OD YY I I OR-0000089.98 REPORT OF JUDIOIAL ORIMINAL PROOEEDINGS ATTN: CLERK OF COllRTS Thl. Po~lon of Ihl. 10'''' !CllmmonClno with block 0) I. o be comp/fllod by you or YOllr npPlopllnlo dn.'un.., 3 --'-r.~,_ !~ lIt~I,' PA lA9T OAIL STATUS NIIDA TO 8r:Nr(j~lC~~ EXflLANATIONOF BAIl-COOg-- . Ql'JiIOO'-f~jl" J:lIC:",ItT ~- t!NTl!RTV.Pf!OF MM I rm VY FILING cooe IN _1- __ IlLOCK to 1.lndllJlIlloJII ;t,lnl(JllllitUOn 3 r.~fllr.cl Jury WAI'IIH -t. Olli" ('pQClly lWIOW); "'se!! (JUflflENr flAIL INFOflMATION "ME'" i ~4 "mounl I'" 'Ii ~J"""Q~': I" """",,,. ('!MI cool OU Y'~ .. llub,OCl!on 10. Oal&fl",o 1111 nory 1.11(lIUflI11Qnl ~Q.II~hl Wi\rVIdI" COllII M~ I Dn I YY 10 '''''' M" I UO I YY 06 07 98 l,OOA I ';!I}, 0,110 PO'lid.j, I: .f'I!~'-'I~h'f(ltl. I ~ 111Il"'lut\ff\IUIUChlII<JlkJ IfoIJ~'fll LillI., 01 L~lll('fon \l;holhNIIW(]h'f''''I'~~f .. u lau,., :, 101 102 103 201 202 (203 204 301' 302 311 312 313 401 402 403 TYPE OF DISPOSITION GUILTY PLEA GUILTY PLEA TO A LESSER OFFENSE NOLO CONTENDERE NOLLE PROSSED/WITHDRAWN QUASHED/DISMISSED/DEMURRER SUSTAINED OTHER (SPECIFY) DISMISSAL UNDER PA. R. CRIM, p, 1100 JURY COURT NOT GLlIL TY GUILTY GUILTY OF A LESSER CHARGE ARD C~ ARD STATE DISPOSITION IN LIEU OF TRIAL NO PENALTY DISP ~8"I" vy 12,841.13 RIlGe ,., opo,aloI1ICQ",O Nurnbqr 12 0616~ N 20889..0 ~t~ ";'~~ I :: ~:~8.:'r.~:n'\ II,. ~~ I On"~ I .i~ 2~'T~' "WI6I I itftY.r~~ISryy ~:'(;00tI 27, D..ollpllOn 01 cl1nlU., I. I .n1l n. 501 DIAGNOSTIC CLASSIFICATION CENTER 502 REGIONAL CORRECTIONAL FACILITY 503 COUNTY JAIL 504 ELECTRONIC SURVEILLANCE 511 _ STATE (PBPP) REGULAR PROBATION 512 STATE (PBPPI PROBATION W/O VERDICT 513 COUNTY, REGULAR PROBATION 514 COUNTY, PROBATION W/O VERDICT 516 INTERMEDIATE PUNISHMENT PROGRAM 521 FINES,TOTAL AMOUNT ONL Y......$ 522 COSTS,TOT AL AMOUNT ONL Y......$ 523 FINES AND COSTsSUSPENDeD-- 531 DEATH PENALTY 532 ~ HOSPITAL r."'..lLIJ;llil1. ~5 S S S 46, MINIMUM U II E S N _ N VAS MOS DAVS vRS MOS DA1.S f' Tr- '( __ ~ ijl- ~ o Of-- C E E_" o OR -T -" R M DIS. MISSAl. TflIAl VER. DlCT -- Pfl1S0N PAO. BATION PINES AND COSTS MISC. Pwdorl'lCllo ,~ -ID3 IIA FINAL PLEA OTHER INFORMATION 31. PRE,SENTENCE INVESTIGATION A, PRE,SENTENCE,STATE B. PRE,SENTENCE,COUNTY C. PSYCHIATRIC EVALUATION 0, PRE-SENTENCE AND PSYCHIATRIC E, NOT REQUESTED 32. TRIAL COMMENCED DATE 33, NO. TRIAL DAYS 34, DISPOSITION DATE 35. SENTENCE DATE 30. EFFECTIVE DATE OF SeNTENCE 37. FUGITIVE 36. DEFENSE COUNSEL A, PUBLIC DEFENDER B, PRIVATEL Y RETAINED C, COURT APPOINTED D. SELF REPRESENTED 39, DEFENSE COUNSEL NAME - 1-- 1-- ES f- I- - ,.,.- I I I I T YES " 40, I,D, NO, 41, PRESIDING JUDGE (LAST NAME FIRST) ___ 42, COUNTY 43.CODE 44, NAME or PERSON REPORTING 411 WHEN 8ENfH1C" C(JNC\II1fleflT H11EA Ct/ARGE COOE lAFTSFi DISPOSITION AND I ---I~eNTENOING OF CASE, ~ 41) WIlIiN Sl:NWllIl! CONSECUn"F. I!NTfR CtlARGe _JMAll THIS FOAM TO: CO", ADMINISTRATIVE OFFIOE OF PENNSYLVANIA OOURTS DOOKET TRANSORIPT UNIT 1515 MARKET STREET, SUITE 1428 PHILADELPHIA, PENNSYLVANIA 18102 (215) 580,8300 47. MAXIMUM PRINTBDI 6/08/98 9152,01 AOPC 5018,9,) COPY, CLBRJ: OJ!' COURTS USE REVERSE SIDE FOR REMARKS Report Dale: 6/08/98 SYIlem Dale: 6/08/98 Report Id: CSS25R CURRENT BAIL INFORMATION 8-. ..... Time: 9 1 52 Mag, Dlsl. No,: 09 - 3 - 02 Docket Number: CR- 0000089 -98 Defendanl Name: IlATTHBWS, Lalt Ball Actlon:~, Dale:. 6/07 /98. Time: J...tOO~ Ourrenl Sel Amounl: * ,1. 500.00 Dale: 06/0w.a.., --~_.------.._---- Oommon Pleas OOLlrl Order Number:. Event'rype:ARRAIGNMBNT Dale: 06/07/98 Time: __.1.1.O.OAIL ROl\lase Type 1 :JIONBTARY llAIL Release Type 2: Monetary Release Type: STRAIGHT llAl1L--..____ Ball Bond Signed: m.. Date: Time: SURETY SURETY NAME AND ADDRESS SEOURITY POSTED TYPE 8 TYPE AMOUNT PAID IN AMOUNT LAST SURETY TYPE LAST RECEIPT NUMBER LAST RECEIPT DATE LAST RECEIPT AMOUNT LAST SURETY TYPE LAST REFUND DATE LAST REFUND CHECK NUMBER ---- Nominal/Unsecured Surely: Release Conditions In Addition to 8all Bond Conditions: Domestlo Violence Conditions Imposed? liO- Ball Forfellure Amount:. . Ball Forfellure Set Aside Amount:! Reason for Last Ball Action 01: _ Date of E~eoutlon of Forfeiture: A503A.97 CLBRK or COURT8 PRINTED 1 6/08/98 9152101 OOM140NWF..ALTH OF PENNSYLVANIA '" couliTY OF: _ CUlIOOrland 11*'111 D11tr1c:t ttnmr, 09-3-02 Itr1c:t .llltlol Nnllbl. Helen B. SHULENBERGER 27 W. Big Spring Ave. Newville, PA 17241 POLICE CRIMINAL COMPLAINT COMMONWEAl.m OF PENNSYLVANIA VB. 01","",", (717) 776-3187 DEFENDANT: NAME Ind ADDRESS r sa:flT ALlIN MATIHEWS RD 1 OOX 216 LANDISBURG,PA. 17040 L ?r1_ 31'1<1 - fhr,.,.l.1 .., -l . 191 -46-1353 al "" H2-996331 DIstrict Attorney's Of/\ce n Approved 0 Disapproved because: In. d111tr'1c:t ottaTloY lII\Y """,1ro~ ti'e <X>fIlla1nt, amst ...,Tlnt aff1davJt, Or' both b8 ~ by tI& ~ fur till Cbm....1th prior to 'il1'1) Pa.R,Cr, p, lOT.) Ii 1018 ClrITIIt1m1 Plate tUItJer State t1ltrat1on St1c1or(r+WI) 1 rc1dont N.mleno 1f otter icipanta I ..... . 1c:0ni8~ State PA 20889440 260 ~ loMlIl.........l'tll - I"'lease M"1nt CK' 'we} l~1gnature or A't'tClr't"ey TOr ~Itn} \......} I, '!'PR. J~L.CARBl\UGi (Nmo of Affiant-pj_ Print Or' T)llll) of~tate PoliClL- . -{I;lii;;m'~ tI.,.. b,.,t Or' ~ ~_,t.ld ard ~l1t,iCll &bdMs1on) do hereby Btate:(check the appropriate box) 1, IllI I accuse the above named defendant, who livse at the address set forth above o I accuse an defendant whose name Is unknown to me but who Is described as '_ PAP~OO (~l1oo au N.oDor) 7921 (OHicer Badge N.oDorIl:D.)- (()ig1reti'll ~ Case twDr(0CA)) o I accuse the defendant whose name and popular designation or nickname Is unknown to me and whom I have therefore desllJllated as John Doe with violating the penal laws of the Commonwealth of PeilDsylvania at 3703 ENJIA RD., NEmILLE , PA. 17241, I.CMER F'RANKFORD 'IWP. (PllIC8-A)l1t1co1 &bd1v111on) In Culrherland _ County on or about 06/07/98 AT APPROX. 2115-2200HRS. Participants wore: (Ifthere were particlpante, place their names here, repeating the name oftho above defendant) scorr ALlIN MA'ITHE.WS 2 The acts committed by the accused were: (Set. forth a ........,. of tI& flds .rrf1c1Wlt to advI.. tI& doferdarrt of tI& raturo of tI& offllll8 c:harQo!;I, A c1tat1on to till ataU.e al1eaad1~ violated .ntlwt 1l'Or'O, is rot. suffiCient. In a !lU111'Ol'y case, )0.1 nust cite the specific section ard _ion Of tI& statute or ord1rorao al1lg1d'~ v101atod,) The Defendant did violate an order issued under the Protection fran Abuse Act F.R. 1992-512 dated 06/04/92, by the Court of Oommon Pleas of Cumberland C~unty. The P.F.A. No. 98-2209, Civil Term was issued by the Honorable Judge Wesley OLER Jr. April 21, 1998, in the Court of Oommon Pleas of Cumberland County. K1'C 412-(4/96)(1_ Von1on) 1-8 (Continuation of 2.) ~D. ~ndant Name: SCl:YIT ALAN MA'ITHEWS Docket Number: -=- POLICE CRIMINAL COMPLAINT all otwbJoh were against thefeaoe and dJgnlliY of the Commonwealth of Pennsylvania and oontrary to the Act of A&sembly, or In violation 0 1. 6113 of the DR 1 (Section) - (5<lb-Section) (PA Statute) - (counts) 2, of the (Section) (Sub-Sect 1m;') (PA Statute) (counts) 3, of the (Section) (Sub-Section) (PA Statute;----- (COtln'tS) 4, of the (Section) (Sub.Section) (PA Statute) (counts) 8. I uk that a warrant of arrest or a summons be Issued and that the defendant be required to answer the oharges I have made. (In order for a warnnt of lIITlllIt to issue, the attaehed aftIdavlt of probable CllWlll mWlt be completecl aDd lIWOl'n to before the i8lmIng authoriliY. 4, I verify that the facts set forth In this complaint are true and correct to the beet of my knowledge or Information and belief. This verification Is made subject to the penalties of Section 4904 o. fthe Crimes Code(18 PA, C'n 14904) relating to unsworn falsification to authOrltles,_, /" ._~), ~/ ><--- o~ c? ,19 'lfl J~~t........., c ,C.___ , ~~gnatl,lre or T1ant) . .J AND NOW, on this date (, ,- '7 , 19''/)/ ,I certify the complaint has boen properly completed and verified, An affidaVIt of probable cause must be comple'teiT In order for 11 warrant to Issue, {., 7- 3- O;;L {MaglSterl.1 U1Strlct) AOPC 412-(4/96)(Internet Ver.ion) ~ o ~.c;_~ ,. ssulng u r^ll' SEAL 2.3 ,Detendtrlt Name: SCXYlT ALlIN MA'lTHEl'IS Docket Number: 1 POLICE CRIMINAL COMPLAINT AFFIDA VIT of PROBABLE CAUSE On 06/07/98, between 2115- 2200hrs., the defendant did telephone the victim, KirIDerly Dawn MA'I'ffiE,WS, aWrox. (8) eight tirres using profanity towards the victim. This aotion was a violation of t.he Protection From Abuse Order t.o wit1 the defendant I s phone conversation was not pursuant to the orders of. the PFA. I, TPR. JASON L, CARBAl.J<E ,BEING DULY SWORN ACCORDING 'ro LAW. DEPOSE AND BAY THAT THE FACTS BET FORTH IN THE FOREGOING AFFIDAV1'l' ARE TRIIBANlllXll\Rl!l)TTOTUIllIIIIITorMY~ ~~ AND""~'1RIi" 1 / -"- -, L.,..... ' , c,:.....a.-. ,-"- . r 19naturo' ttl~""--:__ ..,-- Sworn to me and subscribed before me this ") Jt. day of ~- ,191'1. t" 'I. 'J'( Date ~ ,1.'5 ,.JL~._t.-L..t . District Justice My commission expires first Monday of January, :J., -, SEAL AOPC 412-(4/96)(lnt.ornet VONl0n) 3.3 '''1''1' "O~'\'h'('" O~' 1'1'1\ C C\'.\\'t1 f1CI\'r\ O~ ~ rJott'r. e. uJ 5 c". .uo"'" ~~,~~,,/ ~a",e ~ - .., ,.// /-'~ ~~~,p~...J10~(l- Of,Lf,'tE. ~.----- ~ ------ ~------ ~ -------- 1\00 ~ -------- ~------ ~ .--------: ~~~ \'i.~ ~ --.=--- ~---~- $....- aal.aoce 0\10\ , S\1t:c"al'l,\C \10 state fl.l'o \1\ state "0 CO\\\. ~ Ii \ . ,I 1.1>0 s"et:l.f.{ .t I\tt()\:IIC~ 7.01 O\,fl t t: l.c ~t CO\;\,\\ ~e\,,,r\(. 1.04 co\1. tltl\\.I.OI' <;07. \1,c\\ . " (1(\,1\\.\\ . ~I\J ll{ COIl\"I \ ~ -------- '" ---------- .-...-----<< --...... ~, ....~ ---~_.- .,-----'.....--~,.... -----... .~~-' - I\ddf.C6f1 .,..---... ------ -----.----- ----- -' ci. t~ .----------..------- l'\al\\e --..------ ,........ ' ~ i.Q ,-------- state ----- '" -------- ~ ----- -------- ~a"'El ---------------:_____ I\l\dt:e99 ------- ----- ------------- -- .......-----.."..--------- ci.t'l' ----- ~ I.Q _------- \\tate -- ~a",e ,..-',.". .---"-"--''- ---- -...----- ------- ,",,~- <.~.,....-_...,.".~,.,. _ ,...J....---.---- state -- I\ddl'C\\\\ .-........-- ",-,- .., ..-.-...~..-,---- ~'"_...~.."._. ."." ," C 11'1 '/, I.Q _________ oa\:.e --- , 011 IllO \lllll,\IO\\OIIl\ ~. \\,10\"\\111\.\.00 c,,'" \, 1 1 'I 1\11,\ \'1\,,1\01\ Enola Road, NewviUe, Cumberland County, Pennsylvania, and any other residence the plalnlilf may establish, except for the limited purpose of transferring custody during which times the defendant shall remain in his vehicle, 7, The court costs and fees are waived, 8, This Order shall remain in effect for a period of one year or until modified or tenninated by the Court, The Order can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of hann to the plaintiff, 9, A violation of this Order may subject the defendant to: i) arrest under 23 Pa,C.S. ~6113; Ii) a private climinal complaint under 23 Pa.C,8, ~6113.1; Iii) a charge of indirect criminal . contempt under 23 Pa,C,S, ~6114, punishablc by imprisonment up to six months and a fine of $100,Q()-$1,OOO,00; and iv) civil contempt under 23 1'a,C.8, ~6114.1. Resumption of co. residence on the part of the plaintiff and defendant shall not nullifY the provisions of the court order, 10, The Newville, Carlisle, and Pennsylvania Slate Police Departments shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect Climinal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of a police officer. In the event that an arrest is made under this section, the defendant shall be taken without WUlccessuy Kimberly Dawn Matthew~, Plainlitf : IN nill COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98.2209 CIVn, TERM Scott AlAn Matthews, Defendant : PROll!CTlON FROM ABUSE : AND CUSTODY CUSTODY ORDER AND NOW, lllis _~~laay of May, 1998, upon consideralion of the parties' Consent Agreement, thl' following Ordel' is entered with I'egard to custody of the parties' childr.." , .. I. 'The .lllaintiff, hereinafter referred to as the mothel', and the defen clnct r5Vk ./ Marie Matthews and Dakota Scott Matthews, referred to as the father, shall have shared legal custody of the children, 2, The mother ~hall have primary physical custody of the children. 3, The father shall have partial physical custody of the children according to the following schedule: a, every weekend picking them up on Friday at the babysitlers or any other place agreed upon by the parties, and returning the children on Sunday at a lime and place mutually agreed upon by the parties, b, every Wednesday aftel' school and retW1\ the children at a lime and place mutually agreed upon by the parties, 4, The mother and father shall share custody the children with die father having the children for dinner and the moth"r having them at supper on the following holidays: Easter, Thanksgiving, and Christmas, 6, The defendanl agroos 10 stay away from tho plaintiffs reHlden()e located al 3703 Enola Road, Newvillc, Cumherland County, Pennsylvania, and any othor rCRidencc the plalntUf may cRtabliBh, exeept for the limited purpose of tranHlcmng custody, The defendant Hhall remain in hill vehicle at all timeR during the trans leI' of cuntody, 7. The defcmdant, although entering into thiH Agreement, doeH not admit the allegations made in the Petition, 8, 111e defendant understands that the Protection Order entered in this malleI' win be in effect for a period of one year and CM be extended beyond it original expiration date if the Court flmls that the del(mdant has commilled another acl of abuse or has engaged in a paltem or practice that indicales continued risk of hann to the plaintUf. The defendant understands that this Order will be enforceable in the same marmer as the Court's prior Temporary Protection Order entered in this case, 9. Violation of lhe Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~61 B; Ii) a private criminal complaint undel' 23 Pa,C,S, ~611:l1; iii) a charge ofindirect criminal contempt under 23 Fa.C,S. ~6114, punishable by imprisonment up to six months and a tine of 5100.00-51,000,00; and iv) civil contempt lmder 23 Pa.C,S, ~6114, 1. 10, The defendant and the plaintiff agree to the entry of an Order providing for the following regarding clI8tody of their children, Lacee Marie Matthews and Dakota Scott Matthews, a, The plainliff; hereinafter referred to as the mother, and the defendant, hereinaUer referred to as the father, shall have Rhared legal custody of the children, b 'l1\e mother shall have primary physical custody of the children. c 'l1te falher shall have partial physical cuslody of Ihe children according 10 Ihe following sohedule: i. every weekend picking them up on Friday althe babyslttel'll or any olher place agreed upon by the parties, and returning th" children on Sunday al a lime and place mutually agreed upon by Ihe parties, ii, every Wednesday after school and return the children al a time and place mulually agreed upon by the parties, d, The mother and father shall share custody of the children with the father having the children for dinner and the mother having them at supper on the following holidays: Easter, Thanksgiving, and Christmas, e, The parties shall alternate custody of the children on aD other holidays, f, The parties shaD have the right to custody of the children for vacation, with each party giving the other party one month advanced notice. g, The parties have the righl 10 custody of the children foJ' special occasions or events, including w..ekends, by informing the other party as soon as possible, m ::t: ~ U) ~ .- I ~ i~ I ~~ I Iii! J Ie: HJ I A" I! ~f I I I j I ~ I l" I I J I . i, I I .~~ j 11 ~ I~ I I i I .'; , . '11 '(; " I 1ft I. I I j J j j . ; I . i . R it i' it &~ ~ i~ . . ~ ' ~~ I! ~~ " g !! I!( ~~ ~ i~ I I~j'i ,. Ii i ~~~I ,. II ,Ill II' II!! ~~~i5elll ! ~~i .ils ! '" X Iliil'~i D i i R ,~ l~is!~i~I~I rl~~r~ ~~ ~~~~~ 'fit t ~i i ! ill! II . ,( ! ~II I II II~!JI I ! ~ i ~~~ I I ~ i ~ ~I ~ ' ! ~ ~ ii~j! . e !I lil~ I I ~ [I [ 1 . i I ~~ m I ~l ~~ ~ ~ ~ * ~ ~~~~~ ~.s I;~ ~~~ i3G~g !i~~aag~~s~~li~~~5~~I~ , . a. On or about April 10, 1998, the defendant forced his way Into the plaintiff's rCllidcnce: by pll8hing his way through the door causing her to foar for her safoty. The defendant grabbed the plaintiff by her ann, and threw her Into a chair. When the plaintiff attempted to ron, the defendant grabbed her again throwing her into a comer, and then grabbed her by the: Il1t1ll I third time caufling bruises. When the plaintiff struggled from hiB grip, she grabbed a portable phone to call for help, but the defendant grabbed the phone, ripped the battery oul, and threw it Into another room. The plaintiff grabb<:d a wall phone, but the: defendant pulled the phone out of the wall and threw it onto the floor calling tbe plaintiff vile names causing and causing her to fear for her safety. b. On or about April 8, 1998, the defendant forcefully pushed his finger into the plaintiff's forehead causing pain. When the plaintiff reached for a phone, the defendant grabbed it knocklna it off of the wall. The defendant came up behind the plaintiff and choked her camlng her to have difficulty breathing. 111e defendant grabbed the plaintiff causing her to have bruiscs and attempted twice to throw her down stairs. The defendant threw the plaintiff Into a dry sink and then left the residence. The defendant returned laler, rang the doorbeO, and when the plaintiff turned on the outside light, 2 she saw thaI the detl,ndant was standing at the door with a .hotgun pointed undornllAth his chin. S. The plaintiff believes and therefore avcrs that she is in immediate and present danger of abuse from the defendant and that she ill In need of protection from slWh abuse. 6. The plaintiff desires dlat the defendant be pl'Ohibited from having any direct or Indirect contact with the plaintiff Including, but not limited to, telephone and written communlcatiolll, except for the limited putpOse of disc\18slng custody matters. 7. The plaintiff desires thAt the defendant be e'lioined from har.sslng and stalking the plaintiff, and from batwing the plaintlft's relativ~. 8. The plaintiff desires that the defendant be restrained from entering or telephoning her place of employment. 9. 11le plaintiff. desires that the defendant be enjoined from damaging or destroying any property owned solely by the plaintiff. 10 'Ole home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented In the defendant's name. 11 The defendant is currently living with his parents whose residence located at R.D.#l, Landisburg, Pennsylvania. D. REIMBURSEMENT FOR COST OF' CASE 12. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigating this case. 3 A. Grant a Temporary Order pursuanlto the "Protection from Abuse Act:" 1, Ordering the defendant to refrain from abusing the plalnliff or placing her in feat of abuse. 2. Ordering the defendant to refrain from having any direet or indirect contact with 1111,) plaintiff including, hut nOllirnited to, telephone and wrlUen communications, except to ((jscU88 CUlltody mal1ers. 3. Ordering the defendant to refrain from harasaing and stalking thc plaintiff and from harasaing the plaintiff's relatives. 4. Prohibiting the defendant from entering or telephoning the plaintiff's place of employment excepl for the limited purpose of diScussing custody matters. 5. Prohibiting the defendant from damaging or dcstroylng property owned solely by the plaintiff. 6. Ordering the defendant to Slay away from the plainlifrs residence located at 3703 Iinola Road, Newvil1e, Cumberland County, Pennsylvania, and any other residence the plalnliff may establish, except for the limited PW'pose of transferring custody of the Parties' children. The defendant shall remain in his vehicle at all times during the transfer of custody. 6 7. Granting tenlpor8'Y custody of the minor children is hQreby awarded according to the attached Agrooment of V iaitation RIghts for Lacee Matthews and Dakota Matthews marked ExhIbit A. B. Schedule a hearing in accordance with the provilliotlll of the "l'rotection from . Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to dlscu88 C\18tody matters. 3. Ordering the defendant to refrain from harl!saing and stalklng the plaintiff and fi'om hal'asaing the plalntlft's relatives. 4. Prohibiting the defendant from entering or telephoning the plalntlfl's place of employment exc.ept for die limited pUl'JlOse of discussing c\18tody matters. S, l'rohibiting the defendant from damaging or destroying property owned solely by the plaintlfl: 6. Ordering the defendant to stay away from the plaintiffs residence located at J 703 (inola Road, Newville 7 ~ \ I J ~ . ~ It~ '8 V') r l'tl \ \ "~I I J I ~ 1:\ I J i I i t/) J J ~ I I ~ I I~ I I e: I I~ I I I Iz I ~ I 1 I J ~ , I I I I J I j ! . i" i i w. ~~ w. 'Ii U j ti U . I! *, l~ ~, I, ~ I UI !i ~ i! ~i J. I I.! [i liI,iil! .llli.I!1 II "I III!II,IIII ~ il~lllii!!I! I !11~~5~! , mmuuUmf1nlUdulmfl um e,l, lii~!~i~l~f II~~~~ ~~ ~~~2~ I,~' '," , , ~;: ' , ~ Iii 'illl II . . i "iI h ~I~M I w ~ j Hllil I I II foil I ~ I i ~ ( ! ,Ii I i. I~i I ! ~! ~i~!I~ !!( I II!e~!B~11 . ~ S h~ I U~ he~S !;~~aag!~$Hn~U5hl~ f 6, The mother of the children is Kimhel'ly D. Matthews, currently rcsiding at 3703 Enolll Road, Ncwville, 11ennBylvania 17241. Shc is currently separated from the Plaintiff 7. The father of the children is Scott A. Matthews, currently residing at R.D. I, Box 216, Landisburg, Pennsylvania 17040. Hc is currently separated f..om the Defendant. 8. Since the date of separation, the parties have shared legal custody and the Defendant has enjoyed primary physical custody of the minor children, with the Plaintiff el\joying periods of partial physical custody pursuant to the tenns and conditions of a Custody Order entered May 6. 1993. 9. The Plaintiff, Scott A. Matthews, secks primary physical custody of following children: Name Present Residence Age Lacee M. Matthews 3703 EllOIa Road 5 yrs, Newville, PA 17241 Dakota S. Matthews 3703 Enola Road 4yl's. Newville, P A 17241 10. During the past I1ve years, the children have resided with the following persons and at the following addresses: Name Residence Dates Scott A. Matthews Kimberly D. Matthews 45 Marc Road Carlisle, PA 17013 1993. 1/96 Kimberly D. Matthews 3703 Enola Road Newville, P A 17241 1/98 . Present II. The children arc presently in the custody of the Defendant, Kimberly 0, Matthews, at 3703 Enolu Road, Newville. Pennsylvania 17241. 12. The Plaintiff has not participated as u party or witness, or in unother capacity, in other litigation (:oncerning the custody of the children in this or lmother court. 13. The Pluintiffhus no infonnation of u custody proceeding concerning the children pending inu court of this Commonweulth. 14, The Plaintiff docs not know of a pcrson not u purty to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. IS. Euch parent whose parental rights to the minor children have not been temlinated and the person who has physical custody of the children huve been named as parties to this action. 16, Since the entry of the current custody order. the children have displayed a desire to live primm'i1y with their father and have also demonstrated an cxtreme unwillingness to be returned to the custody of their mother at the times appointed in said Order, indicating among other things that their mother continually yells at them while they arc in her custody. 17, The Plaintift; Scott A. Matthews believes und therefore avers that it is in the best interest of the children that they be placed in the primury physical custody of the Plaintiff, with periods of paliiul physical custody to the Defendant. ~~ lrl ',,", r:, ('., f); .. , UtCJ ~':;l Pi, ,-'-. , , I'_j u.. -:l"i" 2'\J (....) , .:1 ~ " N 'I" , , If'" ('< J..! 1.-,-1 l',:i, ..11. , , d... t- ~r: ,., ; 1/, (n ,j () en U \'. .. I IN '1'111<: COllR'I' OIl COMMON rl ,I':AS ()II : CIIMIH:RI,ANn COI.IN'I'\', I'I':NNSYI,V ANI A I : CIVil. ACTION : I NO, 98.2209 : I IN ClIS'I'OnY SCOT'" A. MA......m:WS, 1'1 ,A I N'I'IFI", KIMIlI(RI.Y I). MA'ITIJF:WS, IlIWI<:N 1M NT. QROER OF COURT AND NOW, this _~l!" day of_-_.~-r-(:L_... 2000, upon presentntion. nnd considerntion of the nUnched stipulntion and ngreel11enlal1d upon agreement of the pnrties, it Is hereby ordered and decreed thnt the nunched ngreement is l11ade nn Order of Court. BY THE COURT, ,/ riL () /) if U-p .,~? c.?fL (j t;') ( ) rd- , , , 'J; .. , "'0 " , I' ) , . : I - , , , r::: , J , :j r'-.) " , " .., ! '"n , -, I .) -~~ f\ .;~ 00 \flY ~,<\' P ~ ". lfl (.: 1:1' , ;'1 c',.i; (~ 'r;) !I 1 (: I ~':1 ",,,. " I ~".... ~~ I (..l . , ,) , , I r J .,t''-J I '1"..! , (\: L\/b , ~ u u.... .>:~ " 1\ , ~) '::j C'I C-J r..;; SCOTT A. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PI':NNSYLVANIA v. CIVIL ACTION ~, l.A W KIMBERLY D. (MATTHEWS) RICKABAUGH, Detendant NO. 91\-2209 CIVIL TERM ORDER..()JI COURT AND NOW, this 22'1<1 day of October, 2001, upon consideration of Plaintiffs motion for a continuance of the hearing schedulcd for Dccembcr 5, 200 I, in the abovc- captioncd case, and upon relation of Dcfcndant's counsclthat he docs not concur in the rcquest, and thc !irst unschedulcd timc for a continued hcaring on the court's scheduled being in February of next year, the court is constmined to dcny Plaintiffs motion for a continuancc. BY THE COURT, Rebecca R. Hughes, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plainti ff If), J J. 0 , C'I (co) C 1\ , ~ , ., 'n i-'" ) tltl r c' , -t~:: , , , (;:! r Cl IJ 1',) , I ";'; i.') ~~: '-"''J ~'i J'o. () .:'r c> Z to-. I:) r...' Lj ("11 .:<, C ~ .. ,.i ,'"" J.. {T> ;.0 -< e~~ q., Matthew J. Eshelman, Esq. 2 lOll Markct Street Camp Hill,PA 17011 Attorney for Defendant :re S. The custody schedule of the p!\rtles two minor children has been set by Order of Court dated May 19, 1999. A copy of said Order is attached hereto as Exhibit "A" and incorporated heroin by reference thereto. 6. Due to an incident which occurred at the home of the Defendant, Kimberly D. Matthews, during an exchange of the children in which the Plaintiff, Scott A. Matthews, was physically assaulted by Defendant's boyfriend without provocation, Plaintiff is requesting modification and/or clarification of the current Court Order. 7. Plaintiff has serious concerns including the safety of himself and his children should the custody exchanges continue to take place at the residence of the Defendant and her boyfriend. 8. Various problems have arisen regarding exchange times and custody periods during holidays, 9. Plaintiff believes that a more detailed custody schedule for holidays is required to facilitate an amicable exchange of the children between the parties. 10. The Plaintiff, Scott A. Matthews believes and therefore avers that it is in the best interest of the minor children that the custody exchanges occur at school rather than at the residence of the Defendant and her boyfriend and that the holiday custody schedule be modified. WHEREJ<'OR/i;, tho "'uhUlI!: Sooll A, MUllhows, rllspllottllJ/y rllquosts thaI the Current Court Order Ilo IIwdlflod IIIllllll/' o/ul'jlJod 10 slutllthutllw Ol/l/tody exehangcs take place at school and Ihal cxchango tlmos lIurlnAl ho/lduys hi! Holullll'eelso tlll10N, /(ospoctlllJ/y sullmittod, ~.,. & HUGHES By: -~~~ Mark I), Schwartz, J<:squlre 60 West POllllrel Street Curlls/o, P A /7013 717-249-2353 Suprellle Court ',D,1I70216 DQte6~ I~ooo Attorney lilr the PllIlntlff Scott A, Matthews ,~. I, ,. . MAY 1. 7 199~ .~ sco'rr A. MATHEWS, Plalnti IT v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlJNTY,l'ENNSYLV ANIA CIVIL ACTION. LA W NO. 98 . 2209 CIVIL IN CUSTODY KIMBERLY D. MATHEWS, Defendant COURT ORDE~ AND NOW, this _Lq~ day of May, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Custody Order entered in the above case on May 6, 1998 is vacated, 2, The Mother, Kimberly D. Matthews, and the Father, Scott A. Matthews, shall enjoy shared legal custody of Lacee M. Matthews, bom May 5. 1992 and Dakota S. Matthews, born June 15, 1994, 3. During the school year, the Mother shall enjoy primary physical custody of both minor children. Father shall enjoy periods of temporal)' physical custody during the school year as follows: A. On alternating weekends from Friday after school until Monday morning when Father shall return the children to school or to another location as designated by the Mother. Additionally, Father shall have custody on eveI)' Wednesday from after school until Thursday morning when he shall return the children to school or to a location designated by Mother, 4, During the summer months, physical custody of the minor children shall be alternated on a week on week off basis. This alternating schedule shall slal1 the weekend following the children's release from school. Unless agreed otherwise by the parties. the week on week oIT schedule shall start on Friday late afternoon. 5. The Mother shall always have custody on Mother's Day and Father shall always have custody on Father's Day. This provision shall supercede any other provision of this order, The time frame shall be from 9:00 a.m, until 5:00 p.m, 6. The parties shall share c,ustody of the children with the Father having the children for dinner and the Mother having the children for supper on the following holidays: Easter, 'nmnksgiving and Christmas, The parties shall alternate custody of the children on all other holidays. Y. '11. ""'.~ ..11'"" 'b, 'bW" ,,, ,"" ,,_ ,/,;",." f", """ _ "f ""'''''''' d,"". II. """""', ",.".. ." II. '"'' " _" """""'~ . "'" "I' ""'h", .,." ,. ',,,,", 'Ire ""., ,,,,,,,,,', .", ""w, 'b, "."",,". ""'''' 1<'''.''''. II. """" shQI/ Provide fiJ/'11 ,~uIJ.~tltuted Week of CII.~I()dy, .. Tho ""'".. "", ,"" .hI. I<b""", ... .., '''''' " "'"""",,,,,,, '''''''' f."!I, '''''" '" ","" ".","" ,,, "-', "bo1"". 'I'll. "'"'~ ,_, ".. "" ..y '"'''' ",, "",. ",.. "",'''''" """ro,. . 9. Thh 0",", I. "''''''' "''''''''' '0 '" """"''''' ""bo1 by 'b, """" " , CO",''', C""""'"'" C",f_",. '" 'b, "," "lbo, "'"' ""'.. " ""'lfy "'1.. '"'''''' """'. II,,, ","y ""y /'01/11", I/o, "'''' " h." "'" "" ""', ""'d,'o1 fo< , COnference with the Conclliato/'. BY 11-1E COURT, cc: MQ/thew Eshelman, Esq. Daniel DeArment, Esq. ~~~J, irwrr C"'PY FROM RECORD 111 "',;,1f',-r" ." :". I h' r: lInt9 ,ot my hand ,;,:.1 II;. ,(;.;; o{ ,ilJ (ourt iit Cor/isla, Pa. lliiJ..jr~ QilY Of).!T~1' J9..9.,1,' -"'H"~itl"p~~~",...._, :>- ,... ?:; P'" ""-, {-t, ~54: (') ..:1 y,f..;. ();;.;) .' ~ '\ ,- '1<"., i-t '-' -~1'. , U..4 ~~j I") ,.;~ " .::1" C; '..Ii .l;~ -_.Jl , _... If.j :: Ii. #I'.. ",111 .',." r-!.I.L. I , -j "';" (,l- e::) ~5 Ci 0 (.) ~ SCOTT A. MATTHEWS, /llnintill' IN TIlE COURT OF COMMON PLEAS OF ClJMBERLAND COlJNTY, PENNSYLVANIA v, CIVIL ACTION ,. LAW KIMBERLY D. (MATTHEWS) RICKABAUGH, Defenclnnt NO. 9l!-2209 CIVIL TERM OR!)J!R OF COURT AND NOW, this 30lh day of November, 20(H, upon considcration of Dctendant's Motion in Limine, following a telephone conference on November 29, 2001, in which Plaintiff was represented by Rebecca R. Hughes, Esq" and Defendant was represented by Matthew J, Eshelman, Esq" and pUl'suant to an agreement of counsel, the main focus of evidence at the hearing scheduled Il)r December 5, 2001, shall be on events occurring on or after April 7, 2000. BY THE COURT. Rebecca R. Hughes, Esq, 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff q 0 0 $:0 n '. . I "'TJii; :~ , . 0:\ (.". ""," ., ~ .~1 n /." \ ,-,-) ~/ C) . I " n r, C .'n , , "l . ' lu ( ... ~; , C) C:j' " )~ (-~; r;.' ,-,':! ~,'j "LJ .'. , 0 ::..:.: Matthew J. Eshelman, Esq. 2108 Market Street Camp Hill, PA 17011 Attorney for Detendant :rc SCOTT A, MATTHEWS, Plaintl ff, IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - AT LA W KIMBERL Y D, RICKABAUGH (fonnerly MATTHEWS) NO, 98-2209 CIVIL TERM Defendant. IN CUSTODY MOTION IN LIMINE AND NOW, comes the Defendant. Kimberly D. Rickabaugh, by and through her attorneys, The Law Offices of Patrick r, Lauer, Jr., and makes this Motion in Limine to exclude evidence as i1Televant in the hearing to be held on Plaintiffs Petition to Modify Custody In support of her motion, Defendant states: I. Subsequent to a conciliation conference, this Court entered an Order dated October 31,2000, ratifying its prior stipulated orders of April 7, 2000. and May 19,1999, 2. On or about July 16, 2001, the Plaintiff, Scott A, Matthews, filed a Petition to Modify Custody. 3. On or about September 6,2001, a conciliation conference was held before Hubert X, Gilroy, Esquire, 4. No agreement was made between the parties at the conciliation conference and a hearing was scheduled for December 5, 200 I at 1:30 p.m, 5. The PI.aintiff requested a full day be provided to hear this matter, indicating that "his own personal testimony will cover approximately four (4) years of events." (Plaintiffs Motion for Additional Hearing Time. Para, 5,) 6, 0",,,,,,,, "'" /h" ,1/ "Id"" p,,,,,,,,. " "'Of' ",,,,,'. P"" I, /h, ""ob,,, 31, 200, .. "" , "'I """m, Ih, Apri' 7, 2000 DnI" . i, ''''''''''' ra" '" ""lpo", ., this hearing /lnd should be excluded, 7. D""d", "'^ 'h", PI,i"in- 'h"ld ho ""mi"'d I, '''rod,., "'y "'1"", ,,' "h.w'" "mi,,"" """" ., .ig,'ft,,,, "d "",,',' ''''".. ""m'g ,ft" April 7, 2000 WI".',"D.., 'h, De"'d.", Kimb"ly D. Ri'''b".., """""',I/y req"", d,,, /hi. "".'""" Coo, ""''' h" """" " '" ',d, ,1/ "",'" """t. '''"",,. pri" " April 7, 2000, at the December 2,2001 hearing in this matter, Respectfully submitted, Date; _1114/ ij , f I' Matthew J, Esllelman, Esquire Law Offices of Patrick F, Lauer, Jr. 2108 Market Street, Aztec Building CampHiII,PA 17011.4706 1.0, #72655 (717) 763-1800 Attomey for Defendant '''' . >.. 'J) (.- n; '~.' If: , " .. ,- , " , '~:).-:,r I ) ,'~ '.:1: () ;'(~ I:J;7J r"', ~ 'l'n <"-J I;;' Ij ;:; ')10 -- '.',(l., , " ,.:: ) ~~:J 1:7) U , 40;. SCOTT A, MATTHEWS, Pluintlff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ,.. LA W v, KIMBERL Y D, (MA TTHEWS) RICKABAUGH, Defendant NO, 98-2209 CIVIL TERM ORDER OF COURT AND NOW, this 26th duy of March, 2002, upon consideration of Plaintiffs Petition To Modity Custody, filed .Tuly 26, 2001, with respect to the parties' children, Lucee M. Matthews (d.o.b, May 5,1992) ahd Dakota S, Matthews (d.o.b, .June 25, 1994), following a hearing held on March 20. 2002, and based upon the court's determination as to the best interests of the children, it is ordered and directed as follows: I, Legal custody of the children shall be shared by the parties, 2. The court finding that (a) both parents arc fit, capable of making reasonable child-rearing decisions, and willing and able to provide love and care for their children, (b) both parents evidence a continuing dcsire I'llI' active involvcment in thc children's livcs, (c) both parents arc rccognized by thc children as sourccs of sccurity and lovc, and (d) at least a minimal degrce of cooperation bctwecn the parents is possiblc, physical custody of thc childrcn shall be as follows: a. During the school ycar, thc mothcr shall have primary physical custody of thc children, and thc Hlthcr shall have temporary or partial physical custody of thc childrcn on three consecutive weekends out of four, from Friday aftor school until Monday morning when Father shall return the children to school or to another location as designated by the mother, b, During the Slimmer, the father shall have primary physical custody of the children, and the mother shall have SCOTT A. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW KIMBERLY D. MA'l'THEWS, Defendant No. 98-2209 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of March, 2002, upon consideration of Plaintiff's Petition To Modify Custody filed July 16, 2001, with respect to the parties' children, Lacee M, Matthews (date of birth, March 5, 1992) and Dakota S. Matthews (date of birth, June 15, 1994), and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. By the Court, Rebecca R, Hughes, Esquir Fo~ the Plaintiff ..~rt tkt:/ Matthew J. Eshelman, Esquire For the Defendant .. ,u.~,~ <I~~/' OoL ~. wcy SCOTT A. MA TTI-llWS, Plnintlff v. IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W KIMBERLY 0, (MATTHEWS) RICKABAUGH, Defendnnt NO, 98-2209 CIVIL TERM ORDER or COURT AND NOW, this 26th dny of March, 2002, upon consideration of Plaintiffs Petition To Modify Custody, filed July 26, 200], with respect to the parties' children, Lllcee M. Matthews (d.o,b, May 5, 1992) and Dakota S. Matthews (d,o.b, June 25, 1994), following a hearing held on March 20, 2002, and based upon [hc court's determination as to the best interests of the children, it is ordered and directed as follows: I, Legal custody of the children shall be shared by the parties. 2. The court finding that (a) both parents are fit, capable of making reasonable child-rearing decisions, and willing and able to provide love and care for their children, (b) both parents evidence fi continuing desire for active involvement in the children's lives, (c) both parents arc recognized by the children as sources of security find love, and (d) at least a minimal degree of cooperation between the parents is possible, physical custody of the children shall be as follows: a, During the school yenr, the mother shall have primary physical custody of the children, and the father shall have temporary or partial physical custody of the childrcn on three consecutive weekends out of four, from Friday after school until Monday morning when Father shall return the children to school or to another location as designated by the mother. b. During the summer, the father shall have primary physical custody of the children, and the mother shall have '" temporary or partial physical custody of the children for one week out of every four consecutive weeks, C'. Notwithstanding the foregoing (I) The mother shall always have custody of the children on Mother's Day and the fllther shllll always have custody of the children on Father's Day, from 9:00 a,ln. until 5:00 p,m. (2) The father shall have custody of the children for dinner, and the mother shail have custody of the children for supper, on Eastcr, Thanksgiving lInd Christmas Days. BY THE COURT, Rebecca R. Hughes, Esq. 60 West Pomfret Street . /r Carlisle, PA 17013 Attorney for Plaintiff Matthew J. Eshelman, Esq. 2108 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc 'rtWF COr>y FROM i:ECOR1) In tr,3timnny >"111':'I:of, I hit, unl(, ,",I "IV hand '04 t ~c~ll\f '''id~'XI'' .t CM:isle, Pa. d ., Th ...:.....:"~~ a '~"': ..r.1B", ~'. . ,Jl..t.U.. .. ..... ' 'J 1.l/1..D..a:l., , ProtfJonctl'Y / . (~ ~ (1' '{. ',.. (': r-) f~_-' ..;l' ~ v::r ;'") r ('''J " _~-:I ::,. Ulli-;.,' , t-- M ~,,} ;"") ';'~: ,1'- rt Ii ,L t:..... 0( (\I';. () ~ ".f " rn , C~J (l~ ('oJ '.f' () U.lll- 3 r:~lll J ('.1'-: , W.".r .'.1.: 1\.1 ~ ~ I.: :t.:: ,1:,t.L- Il_ l..-;! .~) ~-,'"l ~ () 1":':.1 '_J ,.. ~'" '-I ~... "'" 0' ~.,l (~' ," ~, ll.1~;) ":'1' ~2r; .,.. U::'j" '. (?l.:) ';1.. In ,.. L)[i. !':IIJ_ N l:C;l'J S'.~~ ,,:: ..J .1 "....;: t~ '''' ,; fE :) N 0 SCOTT A. MATTHEWS, PLAINTIFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 98-2209 KIMBERL Y D, (MATTHEWS) RICKABAUGH, DEFENDANT IN CUSTODY ~ CJ (:-;:-., -Tl <.:J"' (.;", r,) w .-, :=-r:::-n CI1(.:;; -pi" :.;S~) "'j~,~:~ :-;~::~ PETITION TO MODIFY CUSTODY -."'- :,:;.. ....-,--J "~- - -r' AND NOW, comes lhe Plaintiff, Scott A. Matlhews, by and through his attorneys, I~IN &~1~ ..' ! J~ - r,,) McKNIGHT, and files this Petilion to Modify Custody, making the following statement: -. .r- "" .b -< I. The Plaintiff is Scott A. Mauhews, an adult individual currently residing at 630 Bridgeport Road, Landisburg, Pennsylvania 17040. 2. The Defendant is Kimberly D. (Matthews) Rickabaugh, an adult individual currently residing at 889 Grahams Woods Road, Newville, Pennsylvania ]7241. 3. The parties are the nalural parents of lWo (2) minor children, namely Lacee M. Matthews, born May 5,1992, age twelve (12) years, and Dakota S. Matthews, born June 15, 1994, age ten (10) years. 4, The parties were married on February 1, 1992 and divorced in 1999. 5. On March 29, 2002, an Order of Court was entered granting primary physical custody to the Defendant with temporary physical custody to the Plaintiff. A copy of said Order is attached hereto as Exhibit "A" and incorporated herein by reference. 6. On Saturday, March 26, 2005, the Defendant called the Plaintiff and gave primary custody of said minor children 10 the Plaintiff. 7. The children wanted the transfer of custody and removed their belongings from the Defendant's residence and moved their belongings to the Plaintiff's residence. 8. On Monday, March 28,2005, the Defendant changed her mind and refused to sign the records of the children in order to transfer them to the West Perry School District. 9. The children desire to reside with the Plaintiff and are no longer able to tolerate residing with the Defendant. 10. The Plaintiff requests that he be granted primary physical custody of the children. The parties would have shared legal euslody of the children. 11. The Plaintiff requests that the Defendant have lemporary physical cUSlody of said minor children as the parties can agree. WHEREFORE, the Plaintiff, Scott A. Matthews, respectfully requests that the current Court Order be modified and that primary physical custody be awarded to Plaintiff of the two minor children with periods of temporary custody to the Defendant as this Honorable Court deems proper. Respectfully submitted, By: IGHT Marcus . McKni 60 West omfret Street Carlisle, PA ]7013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Plaintiff, Scott A. Matthews Date: March 29, 2005 EXHIBIT "A" SCOTT A. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KIMBERLY D. (MA TTHEWS) RlCKABAUGH, Defendant NO. 98-2209 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of March, 2002, upon eonsideration of Plaintiffs Petition To Modify Custody, filed July 26, 2001, with respect to the parties' children, Lacee M. Matthe\vs (d.o.b. May 5, 1992) and Dakota S. Matthews (d.o.b. June 25, 1994), following a hearing held on March 20, 2002, and based upon the court's determination as to the best interests of the children, it is ordered and directed as follows: I. Legal custody of the children shall be shared by the parties. 2. The court finding that (a) both parents are fit, capable of making reasonable child-rearing decisions, and willing and able to provide love and care for their children, (b) both parents evidence a continuing desire for active involvement in the children's lives, (c) both parents are recognized by the children as sources of security and love, and (d) at least a minimal degree of cooperation between the parents is possible, physical custody of the children shall be as follows: a. During the school year, the mother shall have primary physical custody of the children, and the father shall have temporary or partial physical custody of the children on three consecutive weekends out of four, from Friday after school until Monday morning when Father shall return the children to school or to another location as designated by the mother. b. During the summer, the father shall have primary physical custody of the children, and the mother shall have temporary or partial physical custody of the children for one week out of every four consecutive weeks. c. Notwithstanding the foregoing (I) The mother shall always have custody of the children on Mother's Day and the father shall always have custody of the children on Father's Day, from 9:00 a.m. until 5:00 p.m. (2) The father shall have custody of the children for dinner, and the mother shall have custody of the children for supper, on Easter, Thanksgiving and Christmas Days. BY THE COURT, ,- / Rebecca R. Hughes, Esq. 60 West Pomfret Street Carlisle, P A 17013 Attorney for Plaintiff Matthew J. Eshelman, Esq. 2108 Market Street Camp Hill, PA l7011 Attorney for Defendant :rc v,,,;'" Cr,!>'( r:O\p,,\ ;>;:;....;.,!)~'\ l h.-..".. s:. .-.). '"'",-" (t~ "_:"-." '~_.. i'.~'" In ~~~:,~;m-'"'i";i ! h ",'{ IJ:;'(' ~-~_~, '(II\' h,md ~nd r l ~(~i (:f ~did r()~Ti at (:.r:is:e, Pa. ;r7 )~ '0 ~ T' I a<- ., ,- (i~t', .--:. . h '~'","""'''Z.. , (:/;;'" . ....-.....:.,.....' "'"'Jf', ;;"',' , ) 9 01 ..' " ~~ , ') ., /'\;2"). ~ ,r"............ ", .... c..'J/.1/.L;.......<... ) PrortJoncfary " VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. I"/~~ ' ("tift;, ".1.71 L(~:::~.~ SCOTT A. MATTHEWS Date: March 29, 2005 SCOTT A. MATTHEWS, PLAINTIFF, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. 98-2209 KIMBERLY D. (MATTHEWS) RICKABAUGH, DEFENDANT IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, whieh service salisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Ms. Kimberly D. Rickabaugh 889 Grahams Woods Road Newville, PA 1724l By: . McKnight, 60 West ornfret Street Carlisle, PA 17013 717-249-2353 Supreme Court J.D. # 702\6 Attorney for the Plaintiff, Scott A. Matthews Date: March 29, 2005 RECEIVED AUG 22 Z005 (f SCOTT A. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KIMBERLY D. (MATTHEWS) RICKABAUGH, Defendant NO. 98-2209 CIVIL TERM IN CUSTODY COlJRT QlmER AND NOW, this 7 ~ .A- day of " ~ ' , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the I~i:/t- day of JQu.~ , 2005, at tj: >> ~.m. At . this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall me with the Court and opposing counsel a Memorandum setting forth the history of clIStody in this case, the issues currently before the Court, each party's position on those issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's Order of May 26, 2002 shall remain in effect. BY THE COURT, cc: --Grace D' AIo, Esquire ~;P \ .' Marcus A. McKnight, III, Esquire' o.C,\ :V \S . M.. _. tJ G?~~d '/ ",\Y'" Iv \) ~t..0Z/ //v-(I -. " .<<;,) 't-\..) cf~,;>l 'f -tJ ,S- .<..u u >- ..::r a~ <l 1-: ..:r UJO ~)~:~i '"~ rj::\^: 0- C)t-. l' C}. Ln 0(.1-- N u..,"- {,.!'J CJ u:u.! ::;.::J j:S ..a: U"> ~,-'- '-'- = ::> 0 = (.) "" - SCOTT A. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW KIMBERLY D. (MATTHEWS) RICKABAUGH, Defendant NO. 98-2209 CIVIL TERM IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the foUowing report: 1. The pertinent infonnation pertaining to the children who are the subject of this litigation is as follows: Lacee M. Matthews, bom May 5, 1992 Dakota S. Mathews, bom June 25, 1994 2. A Conciliation Conference was held on August 18, 2005 with the following individuals in attendance: The Father, Scott A. Matthews, with his counsel, Marcus McKnight, Esquire, and The Mother, Kimberly D. Rickabaugh, with her counsel, Grace D' Alo, Esquire ,3. Father had petitioned to change the existing Custody Order because he understood the children wanted to come to live with him during the school year. Tbe children have been waivering on that position over the past month or so, but Father still is demanding a hearing. Mother is suggesting that the children do not want to go to live with Father, and Mother wants a hearing because she believes the circumstances of the current visitation arrangement are different from the March 26, 2002 Order. Mother wants an Order reflecting the existing custodial arrangement. 4. A hearing is necessary, and the Conciliator recommends an Order as attached. 2,-ltt- 6~ DATE . SCOTT A. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KIMBERLYD. (MATTHEWS) RICKABAUGH, Defendant NO. 98-2209 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of November, 2005, upon consideration of the attached letter from Marcus A. McKnight, III, Esq., attorney for Plaintiff, the hearing previously scheduled for December 12,2005, is cancelled. BY THE COURT, Marcus A. McKnight, III, Esq. Attorney for Plaintiff Lh /~. (' I , (// / /\! L. Ye:)A': J\ Wesley Oler/.fr., .- 1. :rc ~ 0;cP <\ \c:5 ftrace D' Alo, Esq. Attorney for Defendant ^::/Ii:J 2:1 :Z i'!d G- ;\ON SDul AtillOi\L:;.:.lUUd 3Hl ::10 3~~;ij:::O-(]:rlH ~ LAW OFFICES IRWIN & McKNIGHT ROGERB.lRWIN MARCUS A, McKNlGHT. III DOUGLAS G. MILLER MAITHEW A, McKNlGHT WEST POMFRET PROFESSlONAL BUlLDlNG 60 WEST POMFRET STREET CARLlSLE. PENNSYLVANlA 17013-3222 (717) 249-2353 FAX (717) 249-6354 WWWIMHLAW.COM HAROLD S. IRWIN (1925-/977) HAROLD S. IRWIN, JR. (/954-1986) IRWIN, IRWIN & IRWIN (1956-/986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNIGHT &: HUGHES (1994-2003) IRWIN &McKNIGHT (2003- ) November 8, 2005 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: Scott A. Matthews, Plaintiff v. Kimberly D. (Matthews) Rickabaugh, Defendant No. 1998-2209 Civil Term - In Custody Dear Judge Oler: The parties in the above-referenced matter have mutually agreed to withdraw their claims regarding custody. The Court Order of May 26,2002 shall remain in effect as indicated in your Order of August 23, 2005. Please cancel the hearing currently scheduled for Monday, December 12,2005 at 9:30 a.m. If you have any questions, please do not hesitate to contact me. Thank you for your cooperation. Very truly yours, MAM/mln Enclosure cc: Mr. Scott A. Matthews Grace D'Alo, Esquire