The URL can be used to link to this page

Home My WebLink About03-0630 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MATTHEW R. OLIVER, Defendant NO. 2003- 03 . ~:30 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion ypor cualguier queja 0 alivio que es pedido en la peticion de demanda. U sted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTADEMANDAA UN ABOGADO IMMEDIATAMENTE. SINO TIENEABOGADO o SINO TIENE EL DINERO SOFICIENTE DE P AGAR TAL SERVICO, V A Y A EN PERSONAL o LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 HANFT & KNIGHT, P.C. M{~ Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MATTHEW R. OLIVER, Defendant NO. 2003- 0:3 - ~~O COMPLAINT FOR PRIMARY CUSTODY AND NOW, this 1077-1 day of February, 2003 comes Plaintiff, Lori S. Oliver, by and through her attorneys, Hanft & Knight, P.e., and files the following Complaint for Primary Custody and in support thereof avers as follows: 1. The Plaintiff is Lori S. Oliver, an adult individual residing at 926 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Matthew R. Oliver, an adult individual residing at 109 Garland Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary custody and visitation of the following child: Name Present Residence Age D/O/B Kayla Marie Oliver 926 Rockledge Drive 5 Carlisle, Pennsylvania 17013 March 26, 1997 The child was not born out of wedlock. The child is presently in the physical custody of Plaintiff, Lori S. Oliver. In addition to the child's present address, during the past five years, the child has resided with either Plaintiff or Defendant at the following addresses: a) From birth until January of 1998 the child lived with the parties at 4 Wexford Court, Carlisle, Cumberland County, Pennsylvania; b) From January, 1998 through December 27, 2002, the child lived with the parties at 109 Garden Drive, Carlisle, Cumberland County, Pennsylvania; and c) From December 27,2002 through present the child lived with the Plaintiff at 926 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania. The mother of the child is the Plaintiff who resides at 926 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania. The father of the child is the Defendant who resides at 109 Garland Drive, Carlisle, Cumberland County, Pennsylvania. 4. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the subject minor child. 5. The relationship of the Defendant to the child is that of father. The Defendant currently resides alone. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. The Plaintiffhas no information of a custody proceeding concerning the custody of the child in this or any other court. The 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. 7. The best interests and permanent welfare of the child will be served best by granting the relief requested because: a) The Plaintiff has had shared physical and legal custody ofthe child since the child's birth; b) The Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiff is, and has always been, willing to accept custody of the child; and d) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of the child; and e) The Plaintiff provides a more stable home environment than does Defendant. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court grant Plaintiff primary physical custody ofKayla Marie Oliver and grant the Parties hereto shared legal custody of Kayla Marie Oliver. Respectfully submitted, HANFT & KNIGHT, P.C. ~;jt2lil 1<fichael J. Hanft, Esqu re ' Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~. 5,~ Lori S. Oliver ~ ~ ~~ - w ~ \ --t ~ ~ t-> .... ...J ~ :::::-- c ~ G r.." r. - '''.' '1 I -' ., , ---j' ~, :':) en IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MATTHEW R. OLIVER, Defendant NO. 2003 O:1~~h ORDER OF COURT AND NOW, this day of February, 2003, upon consideration of the attached Complaint, it is hereby directed that the parties and,their respective counsel shall appear before , the Conciliator, at on the day of , 2003 at .m., 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. All children age five or older shall/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 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 LORI S. OLIVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-630 CIVIL ACTION LAW MA ITHEW R. OLIVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 20, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, March 12,2003 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. 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. 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 hearin2. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. (/ 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 ] 7013 Telephone (717) 249-3166 , ~ ~ fp ~ ~ 4; ['t?-JC>-7: .~ ~ ~~ ~J< Fe? /t>-C' ~ P ~ rw ~/.p; ~ic>-e ./ I :\,('~!~V/\1)8NNjd . \_-, '",' ;'-'-'~'n", ~ .. ::;::;;.: ......} 71 'I::' 1 \J .v h I Z 83.:J SO -J:";'.L :10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MATTHEW R OLIVER, Defendant NO. 03-630 Civil Term CERTIFICATE OF SERVICE AND NOW, this 12th day of March, 2003, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Custody Complaint filed in the above-referenced matter. The Custody Complaint was mailed on March 5,2003, but actual service took place on March 6, 2003, by Defendant signing for a copy of the Divorce Complaint, which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Matthew R. Oliver 109 Garland Drive Carlisle, Pennsylvania 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. HANFT & KNIGHT, P.C. ~l!HJ Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorney D)r Plaintiff F:\User Folder\Finn Docs\Gendocs2003\3028-1cer.serv. 1. wpd EXHIBIT "A" SENDER COMPLETE THIS SECT/ON · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Matt~ew f2>.. Oli f~r' I t~ &Q Y 1 ~rz.oI Dr1" f, ClfA.( 1 ;~, <<$ PA 1 T 013 2. Article Numt (Transfer fro" COII'!'l E TE THIS SECTION ON OHIVUIY .~ D Agent D Addressee B. R e,V?d by ( '}rinted Name) C. Date of Delivery /II iJt,' (/ of I" .? --r:; 03 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: D No I 3. Service Type ~rtifjed Mail D Registered D Insured Mail D Express Mail D Return Receipt for Merchandise DC.D.D. 7002 0860 0000 1076 1718 4. Restricted Delivery? (Extra Fee) ~s PS Form 3811, August 2001 Domestic Return Receipt 1 02595-02-M-l 035 () a 0 c:: L.) -rl ~:;: ::1:: "1J " :.r-:-.- r rn r< ;''0 :2 ~-, : 2' '. [', " (f! " \",k { -<:. C' r:::. l~ .'~~' ;:,.. , , y: -r.~ t <: ") c'5 -".. .<:::.. C 0 ,_,)111 5> ~,. ~~::! "'..~ r::- ~"] J en -< ..." t1~R '\ 3 1003 \f LORI S. OLIVER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-630 CIVIL TERM MATTHEW R. OLIVER, DEFENDANT : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this r ~ H . day of vl12J cL ,2003, upon consideration of the attac~stody Conciliation Report, it is ordered and directed as follows: 1. The Parties agree to shared legal and physical custody of Kayla. Except as provided hereinbelow, and unless otherwise agreed by the Parties, Mother shall have primary physical custody of Kayla, subject to Father's periods of custody and visitation. Neither Party shall move his or her residence from Cumberland County, Pennsylvania, without first giving sixty (60) days' notice to the other Party. At that time, either Party can petition the Court of Common Pleas of Cumberland County, Pennsylvania for modification of custody, if necessary. Each Party shall be responsible for the day-to-day decisions while he or she has custody of Kayla. Neither Party has the right to make a unilateral decision regarding medical treatment (other than emergency treatment). It is agreed between the Parties that any decisions regarding medical treatment (other than emergency treatment) to be rendered to Kayla will be made jointly. 2. Each party agrees to keep the other apprised of any and all matters relating to Kayla's health, education, welfare, and activities. 3. Unless otherwise agreed to by the Parties, the following custody/visitation schedule for Kayla shall apply: .. VIN"v'F1ASi\!N3d }JJ~n(:~<~' "-;""1 (-., iFl : II t ~'i} 'i 1 r,,,') C, ~. .~':~ I t At a. Weekdays. On each Tuesday and Thursday evening Father shall have custody of Kayla from 3:30 p.m. until 7:00 p.m. b. Weekends. On each weekend Father shall have custody of Kayla from Friday at 3:30 p.m. until Sunday at 12:00 p.m. c. Holidays. 1. Thanksgiving-The Parties agree that each year Father shall have custody of Kayla beginning at 4:00 p.m. on the Wednesday before Thanksgiving Day through 4:00 p.m. on Thanksgiving Day, (hereinafter "Thanksgiving"). Mother shall have custody of Kayla on Thanksgiving, from 4:00 p.m. on Thanksgiving Day through 4:00 p.m. the day after Thanksgiving Day. 11. Christmas-- The Parties agree that each year Father shall have custody of Kayla from 4:00 p.m. Christmas Eve, through 10:00 p.m. on Christmas Eve and from 4:00 p.m. on Christmas Day (hereinafter "Christmas") through 4:00 p.m. on the day after Christmas Day. Mother shall have custody of Kayla from 10:00 p.m. on Christmas Eve through 4:00 p.m. on Christmas Day. During the period of Christmas vacation from school Kayla shall have no more than three overnight visits with Father. 111. New Years Eve - The Parties agree that each year Father shall have custody of Kayla from 4:00 p.m. New Years Eve through 4:00 p.m. New Years Day. Mother shall have custody of Kayla from 4:00 p.m. New Years Day through 4:00 p.m. on January 2. IV. Easter. - - The Parties agree that each year Father shall have custody of Kayla from 4:00 p.m. the night before Easter through 3:00 p.m. Easter Sunday. v. Other holidays. --The Parties agree to alternate custody of Kayla on an annual basis for the following other holidays each year: Martin Luther King Day, Presidents' Day, Memorial Day, Kayla's birthday, Independence Day, Labor Day, Columbus Day and Veterans' Day; with respect to this clause, a "Monday holiday" (holiday "observed") ifany, is referred to, ifit differs from the traditional date, and, in the case of a Friday or Monday holiday on which Kayla does not have school, and which immediately precedes or immediately follows a weekend on which said Party has custody, then the Friday holiday shall include the night between Friday and the weekend, and the Monday holiday shall include the night between the weekend and Monday. Once a schedule is established for any particular holiday, custody of Kayla shall alternate between Father and Mother every year according to that same schedule. VI. Miscellaneous holidays. a. The Parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of Kayla for any holiday or extended vacation period. In the event that any holiday discussed in this section or these Agreement falls on a weekend or evening visitation of the Party not having primary physical custody of Kayla, then the holiday schedule will take precedence over the normal custody schedule. b. Mother shall have custody of Kayla on every Mother's Day from 8:00 p.m. the day before Mother's Day until 8:00 p.m. Mother's Day. Father shall have custody of Kayla on every Father's Day from 8:00 p.m. the day before Father's Day until 8:00 p.m. Father's Day. c. Father and Mother shall discuss and agree on a custody schedule for Kayla at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement. Once a schedule is established for any particular holiday not specifically discussed in this agreement, custody of Kayla shall alternate between Father and Mother every year according to that same schedule. d. It is the intent of the Parties that transportation of Kayla between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. For these purposes, the Parties agree to meet as close to half way as possible to accommodate the custody schedule. It is recognized that transportation will obviously be dependent upon each party's personal circumstances and employment. e. The Parties may agree to modify this schedule without the necessity of a Court Order. It is specifically agreed between the Parties that visitation shall be as reasonable, liberal and frequent as possible. The periods outlined above are to take effect if the Parties can not agree as to a particular custody schedule. d. Summer vacation. Father shall have custody of Kayla for five (5) weeks during her summer vacation. Only two (2) of said weeks custody are to be consecutive and the remaining weeks are to be no more than three (3) consecutive days. 4. The Parties agree that they shall give the other party no less than twenty-four (24) hours notice of a change in the scheduled custody periods. 5. The Parties agree that Kayla shall have telephone contact with the Party who is not exercising custody. Said telephone contact is to be no more than forty-five (45) minutes. 6. The Parties agree that they shall not make disparaging comments regarding each other in the presence of Kayla. 7. The Parties agree to coordinate birthday, Christmas and other gifts and not buy her lavish gifts which the other Party would not approve. 8. The Parties agree that during their periods of custody of Kayla they shall not take Kayla where her personal safety and well-being are threatened. Neither party will allow Kayla to be mistreated by friends or acquaintances. 9. 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. Michael J. Hanft, Esquire, Counsel for Mother Matthew R. Oliver, pro se 109 Garland Drive Carlisle, P A 17013 ~ /11/l-d.A_h...c 3- IV- 03 9-- LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW MATTHEW R. OLIVER, Defendant : NO. 2003-630 CIVIL TERM : IN CUSTODY PRIOR JUDGE: None 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 Kayla Marie Oliver March 26, 1997 Mother 2. A Conciliation Conference was held March 12,2003 with the following individuals in attendance: The Mother, Lori S. Oliver, with her counsel, Michael J. Hanft, Esquire, and the Father, Matthew R. Oliver, pro se. 3. The parties agreed to the entry of an Order in the form as attached. 3 - I 3 -0 3 Date ~A~ J cqu me M. Verney, EsqUIre Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MATTHEW R. OLIVER, Defendant NO. 2003-630 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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 (717) 249-3166 NOTlCIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion ypor cualguier queja 0 alivio que es pedido en la peticion de demanda. U sted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE EST A DEMANDAA UN ABOGADO IMMEDIAT AMENTE. SINO TIENE ABOGADO o SINOTIENE ELDINERO SOFICIENTEDE PAGAR TALSERVICO, VA Y A EN PERSONAL o LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 HANFT & KNIGHT, P.C. MIChael J. Hanft, Esquire Attorney LD. No. 57976 Sean M. Shultz, Esquire Attorney LD. No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MATTHEW R. OLIVER, Defendant NO. 2003-630 EMERGENCY PETITION FOR CUSTODY AND NOW, this ~ day of March, 2004, comes Petitioner, Lori S. Oliver, by and through her attorneys, Hanft & Knight, P.C., and files the following Emergency Petition for Custody and in support thereof avers as follows: 1. The Petitioner is Lori S. Oliver, the natural motherofKayla Marie Oliver (hereinafter "Kayla"), and Plaintiff in the above-captioned matter. Petitioner is an adult individual residing at 926 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent is Matthew R. Oliver, the natural father of Kay la, and Defendant in the above-captioned matter. Respondent is an adult individual residing at 109 Garland Drive, Carlisle, Cumberland County, Pennsylvania. 3. Kayla (born March 26, 1997) is six years of age and presently resides with Petitioner at 926 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania. 4. On March 13,2003, pursuant to an agreement between the Parties, this Court ordered the parties to share legal and physical custody of Kayla, while granting Petitioner primary physical custody of Kayla, subject to Respondent's periods of custody and visitation. 5. On or about March 5, 2004, Respondent was arrested in Cumberland County, Pennsylvania on the charges of Indecent Deviant Sexual Intercourse, Indecent Assault, and Corruption of a Minor. 6. Because ofthese charges, Petitioner believes, and therefore avers, that Kayla will be put in physical and emotional danger if the reliefrequested herein is not granted. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court grant Petitioner sole legal and physical custody subject to Respondent's periods of supervised visitation pending resolution of the criminal charges against Respondent. Respectfully submitted, HANFT & KNIGIfr, PC~ ~d: Attorney LD. No. 57976 Sean M. Shultz, Esquire Attorney LD. No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff F:\User FolderlFinn Docs\Gendocs2004\3028-1Emergencypet,cust.wpd VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ;Z~~ :;: ~ Lori S. Oliver C) '" 0 {",:~') c- L':l -l"l ~ , ~ ~ c '-D " J f "'~ C_~) Ci) -" A (\ i\ .~ vi -. 0 .t ~ "'" -t \ ~ " ~ LORI S. OLIVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-630 CIVIL ACTION LAW MATTHEWR. OLIVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, March 29, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 22, 2004 at 8:30 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. 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. The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinjl. FOR THE COURT, By: Isl Jacqueline M. Verney. Esq. Custody Conciliator mhc 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 "IRE 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 .rf~1!r ~~. ~ )~6C'.E: . p"r '7- ~ ~J?,.?c?be'f: /~ flY 7- o/?7W -'z4,; n ./1(;7-be.[' "'NI.'l\l'S:\IN:.id v ::"r<.II :~\ ,j"~'.~t:':q;~;ln^ I t ~,1~1' I. ~ 0:, .,Ii ~'..;., ,,_,~ 1 hJ tW'II'""" Z \ :t: Hd 62 l:l'ilW ~OOl l,b'V:Oi~OH10l::ld 3\11:10 , - 38U~O-03l\:l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MATTHEW R. OLIVER, Defendant NO. 2003-630 CERTIFICATE OF SERVICE AND NOW, this t..~ day of March, 2004, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy ofthe Emergency Petition for Custody filed in the above-referenced matter. The Emergency Petition for Custody was mailed on March 22, 2004, but actual service took place on March 25, 2004, by Defendant signing for a copy of the Emergency Petition for Custody which was mailed in the United States Mail, Certified Mailn Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Matthew R. Oliver 109 Garland Drive Carlisle, Pennsylvania 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & KNIGHT, P. ~~ Sean M. Shultz, Esquire Attorney II> No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 F:\User FolderlFirm Docs\Gendocs2004\3028-lcert,ser,wpd Attorneys for Plaintiff _.,,'-~~-' B. ~eeeived by (Printed Name) ""\;:.~;~/i;:"~t.~<.::.. ., Cl Agent 1. Cl Add_ I. c. .~ ~fDellvery l p. bl delivery odd.... d\flelent from Item 17, Cl Yes ~,.&'I1~YES;"~~t8t'dell~ address below: ",: D No 'j:i;~~;'?~&';;~~~g,~~:~c')' ,', ..! ;".-,,:'.}~\:~ " (2;.AJj - ~ --70D3J:.[]]'-O-OOOl -'1199-l:jC378 .'~{;~"";~'^')f;1 '(Ii: , .. . . - - -' , 1111 ~"'. I :'P.S rirl8S AJJtl ~~001> ;-. - _ 0 . 'ciReluin~';~' ~" ',- 'i:;,:'<~":~~'540 l II Jf'jllli1H 1~~jtt"...nl~Ht\\1 ,or.r,.,.,.,-"~.r:,,:'~,,,'If-", - .- ':;>ifif,;1i"l'W~(!f!:"r. I ~_,/;._d;..:J.~:::...,~.__~_L.i~L,;';:::'~:J:'t.~~t.:~>:'~._~:i'Sil,:?:Ll~~':'i',,,,'.rF,i.:.'.: 'i."'.' .' . .:):..1 \,:"::;,:)>:-:i\,'-'~'.::iLl.,-,,...:..J Exhibit "A" q ~, ~rl;?~,': 0) ~~~ ~I~;:: ~ ..... <= = .r- ~ "P" :;;0 C.:> o ~: ~.....- -u ::0: ~ ~ ~:n ~rc~ -0 ~4; ():D -.:)"0 --m ~ ;po ?;! I'J (.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MATTHEW R. OLIVER, Defendant NO. 2003-630 CUSTODY AGREEMENT AND STIPULATION iii THIS AGREEMENT, made this I r day of April, 2004, by and between MATTHEW R. OLIVER, of 109 Garland Drive, Carlisle, Cumberland County, Pennsylvania, party ofthe first part, hereinafter referred to as "Father," and LORI S. OLIVER, of926 Roekledge Drive, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafterreferred to as "Mother," or collectively referred to as "the Parties." WHEREAS, Father and Mother desire to provide for the custody and support oftheir one child, KA YLA MARIE OLIVER, born on the26th day of March, 1997, hereinafter referred to as "Kayla"; NOW, THEREFORE, the Parties, in consideration of the mlltuallymade and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: 1. The Parties agree that Mother shall have sole legal custody ofKayla and physical custody ofKayla shall be shared. Except as provided hereinbelow, and unkss otherwise agreed by the Parties, Mother shall have primary physical custody of Kay la, subject to Father's periods of visitation. F:lU,erFoldcr\FinnPocs\Grndocs2004\.J028_1CUs.ag1.2.wpd Page 1 of 5 Neither Party shall move his or herresidence from Cumberland County, Pennsylvania, without first giving sixty (60) days' notice to the other Party. At that time, either Party can petition the Court of Common Pleas of Cumberland County, Pennsylvania for modification of custody, if necessary. Each Party shall be responsible for the day-to-day decisions while he or she has custody ofKayla. It is agreed between the Parties that any decisions regarding medical treatment (other than emergency treatment) to be rendered to Kayla will be made by Mother. 2. Each party agrees to keep the other apprised of any and all matters relating to Kayla's health, education, welfare, and activities. 3. Unless othelWise agreed to by the Parties, the following custody/visitation schedule for Kayla shall apply: a. Weekdays. On each Tuesday and Thursday evening Father shall have visits with Kayla from 3:30 p.m. until 7:00 p.m. b. Weekends. On each weekend Father shall have visits with Kayla from Saturday at 10:00 a.m. until at 7:00 p.m, and on Sunday from 10:00 a.m. until 5:00 p.m. c. Holidays. 1. Thanksgiving-The Parties agree that each year Father shall have visits with Kayla beginning at 3:00 p.m. on the Wednesday before Thanksgiving Day through 7:00 p.m. 11. Christmas-- The Parties agree that each year Father shall have visits with Kayla from 4:00 p.m. Christmas Eve through 10:00 p.m. on Christmas Eve and from 4:00 p.m. on Christmas Day (hereinafter "Christmas") through 4:00 p.m. on the day after Christmas. Mother shall have custody of Kayla from 10:00 p.m. on Christmas Eve through 4:00 p.m. on Christmas Day. r,IUser Folder\Finn Docs\Gendocs2004\J02S.1cus_agt2,wpd Page 2 of 5 Ul. New Years Eve - The Parties agree that each year Father shall have visits with Kayla from 4:00 p.m. New Years Eve through 10:00p.m. Mother shall have custodyofKayla from 4:00 p.m. New Years Day through 4:00 p.m. on January 2. IV. Easter-- The Parties agree that each year Father shall have custody of Kayla from 4:00 p.m. the night before Easter through 9:00 p.m. v. Other holidays-- The Parties agree to alternate custody ofKayla on an annual basis for the following other holidays each year: Martin Luther King Day, Presidents' Day, Memorial Day, Kayla's birthday, Independence Day, Labor Day, Columbus Day and Veterans' Day; with respect to this clause, a "Monday holiday" (holiday"observed") ifany, is referred to, ifit differs from the traditional date, and, in the case of a Friday or Monday holiday on which Kayla does not have school, and which immediately precedes or immediately follows a weekend on which said Party has custody, then the Friday holiday shall include the night between Friday and the weekend, and the Monday holiday shall include the night between the weekend and Monday. Once a schedule is established for any particular holiday, custody ofKayla shall alternate between Father and Mother every year according to that same schedule. Father shall have no more than six hours of visitation on said holidays. VI. Miscellaneous holidays. a. The Parties hereto agree that:theywill cooperate and be as flexible as possible with regard to custody ofKayla for any holiday or extended vacation period. In the event that any holiday discussed in this section or these Agreement falls on a weekend or evening visitation ofthe Party not having primary physical custody of Kay la, then the holiday schedule will take precedence over the normal custody schedule. FIUserF(}lderIFinnDocsIGendocs2004\J028_lcusagl-2_wpd Page 3 of 5 b. Mother shall have custodyofKayla on every Mother's Day from 8 :00 p.m. the day before Mother's Dayuntil 8:00 p.m. Mother's Day. Father shall have custody ofKayla on every Father's Day from 10:00 a.m. until 8:00 p.m. c. Father and Mother shall discuss and agree on a custody schedule for Kayla at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement. Once a schedule is established for any particular holiday not specifically discussed in this agreement, custody of Kayla shall alternate between Father and Mother every year according to that same schedule. d. It is the intent of the Parties that transportation ofKayla between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. For these purposes, the Parties agree to meet as close to half way as possible to accommodate the custody schedule. It is recognized that transportation will obviously be dependent upon each party's personal circumstances and employment. e. The Parties may agree to modify this schedule without the necessity of a Court Order. It is specifically agreed between the Parties that visitation shall be as reasonable, liberal and frequent as possible. The periods outlined above are to take effect if the Parties can not agree as to a particular custody schedule. 4. The Parties agree that they shall give the other party no less than twenty- four (24) hours notice of a change in the scheduled custody periods. 5. The Parties agree that Kayla shall have telephone contact with the Party who is not exercising custody. Said telephone contact is to be no more than forty-five (45) minutes. 6. The Parties agree that they shall not make disparaging comments regarding each other in F:\UserFOJder\FiITIlDocs\Gendocs2004\3028_lcus.agt2,wpd Page 4 of 5 the presence ofKayla. 7. The Parties agree to coordinate birthday, Christmas and other gifts and not buy her lavish gifts which the other Party would not approve. 8. The Parties agree that during their periods of custody ofKayla they shall not take Kayla where her personal safety and well-being are threatened. Neither party will allow Kayla to be mistreated by friends or acquaintances. 9. The Parties hereto have retained or have had an opportunity to retain independent legal counsel. The provisions ofthis Agreement and their legal effect have been fully explained to the parties by theirrespective counselor the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. Hanft & Knight, P.c. represents Mother, and Father consents to same. The Parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress orundUi~ influence and that it is not the result of any collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. WITNESSED BY: ~ ~,. ~4-r Ma . Oliver 'Ij;fft.; (SEAL) , , o<:u S~ fill/pi Lori S. Oliver (SEAL) F;\UserFQlderlFirmDocslGendoc,2004\3028_ICUi_agt2,wpd Page 5 of 5 (," C) ,.- .Z! c. ':~:-l -< ,,-, e-:;;) c.:::> ...- - :"'<:.1 :;'J c) ,1 --l .L-n ["1"\ rc.;: -nrn ~{,O (J,h ~:s ~1; ;;:.:,IT) ~~~\ ".:") ~'''. UJ -0 :''.i; (J' N '0 APR 2 0 2004 'f5 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLNER, Plaintiff v. CNIL ACTION - LAW IN CUSTODY MATTHEW R. OLNER, Defendant NO. 2003-630 ft ORDER AND NOW, this 2? day of April, 2004, the attached Agreement and Stipulation is hereby made an Order of Court. ,dZfail F\User FolderlFi,m Docs\Gendocs2004\3028-1order wpd ~~ ~.O O~.'): \i1NVI\lASNt.JJd AlNnQJ Qri's').tD8i'1nO IJZ :Z f.ld ez ~dV ~UOl AWlOtlJOHlOdd 3111 :lO :r.Jl:Ho-cml:J DEe 0 7 2004-- /'" LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2003-630 CIVIL TERM MATTHEW R. OLIVER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 7th day of December, 2004, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~ f('~{Q; cq line M. Verney, Esquire, Cus oy Conciliator f'~rlJ t t :\rr,-.--. 1\lJ..~' ._~- n I .f I PI o -0 :4;,' 8 - :}JO ~DGZ A~'/.LC,' ~Hl :10 :n~7D-o::rl':! . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLNER, Plaintiff v. CNIL ACTION - LAW NO. 2003-630 MATTHEW R. OLNER, Defendant IN CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: matter. Please enter my appearance on behalf of the Plaintiff, Lori S. Oliver, in the above-captioned I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below. Dated: hlle~ ZOOS- ,c:J~ CY TON-WALSH Supe 'sing Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-3696 F:\User FoJderlFirm Oocs\Gendocs2005\3028_1 praecipe. withdraw wpd ---- S? '", ~, "" 00" c~ en c__ fi o --" ~ ;~;z: .-:,<:,1 "'."! ~~:i(~s --,- -'r, ,..,; -', -\{,q I N :~;,J '-c LORI S. OLNER, Plaintiff v. MATTHEW R. OLNER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CNIL ACTION - LAW NO. 2003-630 IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE Due to the death of Michael J. Hanft, Esquire, as a fonner associate of Hanft & Knight, P.C., which is no longer an active firm, I request that you please withdraw Michael J. Hanft, Esquire's and Hanft & Knight, P.c. ' s appearance on behalf of the Plaintiff, Lori S. Oliver, in the above-captioned matter. Dated: May 2 't , 2005 Respectfully submitted, KNIGHT & ASSOCIATES, P.C. ~ 4CfJv ---.. Sean M. Shultz, Esquire Attorney ill No. 90946 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 - t~ r-> c"-" c-..5 U' s~ I N Q .-r1 --1 :C-.; r<-l~ 1_. e () ~T.' nc-^", :..."~ C5 .. (5; LORI S. OLIVER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MATTHEW R. OLIVER, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY NO.: 2003 - 630 PETITION TO MODIFY CUSTODY 1. The petitioner, Lori S. Oliver, hereinafter "Mother," by her counsel, the Family Law Clinic, respectfully represents that on April27, 2004, by agreement of the parties, an Order of Court was entered for custody of Kayla Marie Oliver, born March 26, 1997, hereinafter "child." A true and correct copy of the order is attached as Exhibit "A." 2. Under the existing order, Mother has primary physical custody of the child. Father has periods of partial physical custody. At the time this order was entered, Father was charged with molesting a teenager, although he had not been convicted of the related crimes when the order was entered. 3. Subsequent to the entry of the April 27, 2004 order, Defendant, Matthew R. Oliver, the "Father," was convicted by a jury on October 12, 2004 of crimes against a minor child, including: 1. Sexual Assault, in violation of 18 Pa.C.S. S 3124.1, graded as a felony ofthe second degree; 11. Aggravated Indecent Assault without consent, in violation of 18 Pa.C.S. S 3125 (a)(1), graded as a felony of the second degree; iii. Indecent assault without the consent of the other, in violation of 18 Pa. C.S. S 3126 (a)(I), graded as a misdemeanor of the second degree; iv. Corruption of minors, in violation of 18 Pa.C.S. S 6301 (a), a misdemeanor of the first degree; 4. A true and correct copy of the electronic docket information indicating these convictions as obtained from the Pennsylvania Unified Judicial System's website is attached as Exhibit "B." 5. Father is currently incarcerated for these offenses at the Cumberland County Prison and is scheduled to be released July 31, 2005. 6. Defendant is required to register with the Pennsylvania State Police, under Pennsylvania's "Megan's Law," 42 Pa. C.S. S 4295.1, because of his convictions of sexual assault (18 Pa.C.S. S 3124.1) and aggravated indecent assault (18 Pa. C.S. S 3125). 7. From prison, Father has frequently written letters to Mother. In a letter postmarked May 5, 2005, attached as Exhibit "C," Father indicates that upon his release from prison he intends to have frequent contact with his child, specifically taking her to a horse farm. This assertion is repeated in a letter dated May 9, 2005, attached as Exhibit "D." 8. Father has also written letters to his child, including one attached as Exhibit "E," in which he also expresses his desire to spend extended unsupervised periods of time with his daughter. 9. Due to the serious nature of the Father's recent criminal convictions, Mother requests a modification of the current custody order as she is concerned about ---- Father's intentions to spend unsupervised time on trips with his daughter immediately upon his release from prison. 10. Under Pennsylvania statutory law, before making an order granting custody, partial custody, or visitation to a parent who has been convicted of any of the enumerated criminal acts in the statute, the court is required to consider the criminal conduct and is also required to make a determination "that the parent does not pose a threat of harm to the child." See 23 Pa. C.S. 5303. In meeting this obligation, the court is required, per 23 Pa.C.S. S 5303( c) "to appoint a qualified professional to provide counseling to an offending parent" that "shall include a program of treatment or individual therapy." Additionally, the court is required to take testimony from that counselor "prior to issuing any order of custody, partial custody or visitation." 11. Under 23 Pa.C.S. S 5303 (b) or (b. I), "a parent [that] has been convicted of or has pleaded guilty or no contest to" to a crime of sexual assault (18 Pa.C.S. S 3124.1) or aggravated indecent assault (18 Pa.e.S. S 3125) is subject to the mandatory counseling provisions that are described in 23 Pa.C.S. S 5303. 12. The court has not received testimony from a qualified professional as required under 23 Pa.C.S. S 5303. These provisions must be followed prior to this Court issuing an order granting the father visitation or custody. WHEREFORE, Petitioner requests that the Court modify the existing Order for Custody to give mother legal and physical custody of the child as it will be in the child's best interest. Date: 1k,1'1/ I1j 20 f) r 1 ~1J/)1~~ ~-cJc%l ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Phone: (717)243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition for Modification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: ~ /17 ! 0 'J ;;(~ .5 ~ Lori S. Oliver Plaintiff 4 I PLAINTIFF'S EXHIBIT It APR 2 0 2004 'ff o o JN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MATTHEW R. OLIVER, Defendant NO. 2003-630 f{, ORDER AND NOW, this ~ day of April, 2004, the attached Agreement and Stipulation is hereby made an Order of Court. F:\UsQ' FoldcrlFilm 00aI\GcnQocs2004\3011-lonXr_wpd v'l!\jVA1ASNlnd AlNnC(J C'f,'lH0I81'~nO fJZ:Z Wd BZ HdHDaz AW1Ot.....'OH.l.OOd 3H.I. :lO 3Ol:1.1<XEI11:J , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MATTHEW R. OLIVER, Defendant NO. 2003-630 CUSTODY AGREEMENT AND STIPULATION iii THIS AGREEMENT, made this / r day of April, 2004, by and between MATTHEW R. OLIVER, of 109 Garland Drive, Carlisle, Cumberland County, Pennsylvania, party ofthe first part, hereinafter referred to as "Father," and LORI S. OUVER, of926 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as ''Mother,'' orcollective1yreferred to as "the Parties." WHEREAS, Father and Mother desire to provide for the custody and support oftheirone child, KA YLA MARIE OLIVER, born on the26th day of March, 1997, hereinafter referred to as "Kayla"; NOW, THEREFORE, the Parties, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: 1. The Parties agree that Mother shall have sole legal custody ofKayla and physical custody ofKayla shall be shared. Except as provided hereinbelow, and unless otherwise agreed by the Parties, Mother shall have primary physical custody of Kayla, subject to Father's periods of visitation. F:\U.u Fol4<r\Finnl)oQlGmdoa2004\)Oll-lWl_IJl.2.. Page 1 of 5 , Neither Party shall move his or her residence fiom Cumberland Comty, Pennsylvania, without first giving sixty (60) days' notice to the other Party. At that time, either Party can petition the Court of Common Pleas of Cumberland County, Pennsylvania for modification of custody, if necessary. Each Party shall be responsible for the day-to-day decisions while he or she has custody ofKayla. It is agreed between the Parties that any decisions regarding medical treatment (other than emergency treatment) to be rendered to Kayla will be made by Mother. 2. Each party agrees to keep the other apprised of any and all matters relating to Kayla's health, education, welfare, and activities. 3. Unless otherwise agreed to by the Parties. the following custody/visitation schedule for Kayla shall apply: a. Weekdays. On each Tuesday and Thursday evening Father shall have visits with Kayla from 3:30 p.m. Wltil 7:00 p.m. b. Weekends. On each weekend Father shall have visits with Kayla fiom Saturday at 10:00 a.m. until at 7:00 p.m, and on SWlday from 10:00 a.m. until 5:00 p.m. c. Holidays. i. Thanksgiving-The Parties agree that each year Father shall have visits with Kayla beginning at 3:00 p.m. on the Wednesday before Thanksgiving Day through 7:00 p.m. ii. Christmas--TheParties agree that each year Father shall have visits with Kayla from 4:00 p.m. Christmas Eve through 10:00 p.m. on Christmas Eve and from 4:00 p.m. on Clrristmas Day (hereinafter "Christmas'') through 4:00 p.m. on the day after Christmas. Mother shall have custody of Kayla from 10:00 p.m. on Christmas Eve through 4:00 p.m. on Christmas Day. f"\LJHrFaIdco\PimI~2OO4\JO.ll-1Cllt.",,2.wpd Page 2 of 5 , 1Il. New Years Eve- The Parties agree that each year Father shall have visits with Kayla from 4:00 p.m. New Years Eve through 10:00p.m. Mother shall have custodyofKayla from 4:00 p.m. New Years Day through 4:00 p.m. on January 2. iv. Easter-- The Parties agree that each year Father shall have custody of Kayla from 4:00 p.m. the night before Easter through 9:00 p.m. v. Other holidays-- The Parties agree to alternate custody ofKayla on an annual basis for the following other holidays each year: Martin Luther King Day, Presidents' Day, Memorial Day, Kayla's birthday, IndependenceDay, Labor Day, Columbus Day and Veterans' Day; with respect to this clause, a "Monday holiday" (holiday "observed") if any, is referred to, ifit differs from the traditional date, and, in the case of a Friday or Monday holiday on which Kayla does not have school, and which immediately precedes or immediately follows a weekend on which saidParty has custody, then the Friday holiday shall include the night between Friday and the weekend, and the Monday holiday shall include the night between the weekend and Monday. Once a schedule is established for any particular holiday, custody ofKayla shall alternate between Father and Mother every year according to that same schedule. Father shall have no more than six hours of visitation on said holidays. vi. Miscellaneous holidays. a. The Parties hereto agree that they will cooperate and be as flexible as possible with regard to custody ofKayla for any holiday or extended vacation period. In the event that any holiday discussed in this section or these Agreement falls on a weekend or evening visitation of the Partynothavingprimaryphysical custodyofKayla, then the holiday schedule will take precedence over the normal custody schedule. f:IlJU" fokler\fi",,0aq~rolociI2O(I4\l02._I(II.I..2."'1llI Page 3 of 5 .- b. Mother shall have custodyofKaylaon every Mother's Dayfrom 8:00 p.m. the day before Mother's DayuntiI8:00p.m. Mother's Day. Father shall have custodyofKayla on every Father's Day from 10:00 a.m. until 8:00 p.m. c. Father and Mother shall discuss and agree on a custody schedule for Kayla at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement. Once a schedule is established for any particular holiday not specifically discussed in this agreement, custody of Kayla shall alternate between Father and Mother every year according to that same schedule. d. It is the intent of the Parties that transportation ofKayla between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. For these purposes, the Parties agree to meet as close to half way as possible to accommodate the custody schedule. It is recognized that transportation will obviously be dependent upon each party's personal circumstances and employment. e. The Parties may agree to modify this schedule without the necessity of a Court Order. It is specifically agreed between the Parties that visitation shall be as reasonable, liberal and frequent as possible. The periods outlined above are to take effect if the Parties cannot agree as to a particular custody schedule. 4. The Parties agree that they shall give the otherpartyno less than twenty-four (24) hours notice of a change in the scheduled custody periods. 5. The Parties agree that Kayla shall have telephone contact with the Party who is not exercising custody. Said telephone contact is to be no more than forty-five (45) minutes. 6. The Parties agree that they shall not make disparaging comments regarding each other in f,llli. PoJda\FimlOoa\Oftolo>Q1OQotU02l.1_.q'l2."'P\i Page 4 of 5 , the presence ofKayla. 7. The Parties agree to coordinate birthday, Christmas and other gifts and not buy her lavish gifts which the other Party would not approve. 8. The Parties agree that during their periods ofcustodyofKayla they shall not take Kayla where her personal safety and well-being are threatened. NeitherpartywiIl allow Kayla to be mistreated by friends or acquaintances. 9. The Parties hereto have retained or have had an opportunity to retain independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by theirrespective counsel ortheparties have waived their right to have legal advice regarding the meaning and implication of this Agreement. Hanft & Knight, P.c. represents Mother, and Father consents to same. The Parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. WITNESSED BY: ~ ~ M . Oliver '1/tffty (SEAL) , . o<:u S~ '1/11/''1 Lori S. Oliver (SEAL) F:\Uscr F<>ldcr\J'im1 DocI\GaxIoc.2004lJQ28'!c:wiI.1Il2,"'JId Page 5 of 5 ..~.; '" "'<, C) ~ .-> "-" c'~ s- ~ ~',;) ';0 "':':(,'} :v....-. "2 -- o -n ...... :;:t::-.-.. rnf~ _~,ra :B'~ :+14'l ~- ..,) \~~~~ -..,. ~~.~ .,"'~ .;> ." -:;;;: - (..!"\ N : j PLAINTIFF'S EXHIBIT f3 Court Case Commonwealth of Pennsylvania v. Matthew Robert Oliver Page 1 of 10 Judas Assianed: OTN: H9254582 Initiallssuina Authoritv: Case Local Number Tvpels) Date Filed: 04/19/2004 Lower Court Docket No: Finallssuina Authoritv: Case Local Numberlsl Initiation Date: 03/05/2004 CR-0000118-04 Calendar Entrv Tvoe Schedule Start Room Judae Name Schedule Start Date Time Status Blocked 03/05/2004 8:30 am Cancelled Blocked 05/18/2004 3:30 pm Courtroom 5 Judge Edward E. Guido Scheduled Blocked 05/18/2004 9:00 am Jury Assembly Judge Edward E. Guido Moved Room Blocked OS/25/2004 9:30 am Courtroom 5 Judge Edward E. Guido Scheduled Blocked 06/22/2004 9:00 am 4th Floor Scheduled Blocked 07/06/2004 9:00 am 4th Floor Scheduied Blocked 10/12/2004 1:30 pm Courtroom 4 Judge Kevin A. Hess Scheduled Blocked 12/13/2004 9:15 am Courtroom 4 Judge Kevin A. Hess Scheduled Oliver, Matthew Robert Bail Action Date Bail Tvoe Percentaae Amount Bail Postina Status Postina Date Set 03/05/2004 Unsecured $10,000.00 . " Printed: 06117/2005 Recent entries made In the court filing offices may not be immediately reflected on web generated docket sheets. Neither the CO\.lrt of Common Pleas nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheels. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0000931-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Matthew Robert Oliver Page 2 0110 Seauence Sectionl Descriotion Plea DisDosition OTN Grade Statute Descriotion Offense Date 1 1853124.1 Guilty H9254582 F2 Sexual Assault 02/19/2004 ~"'.""-""~'~'-'-~--~-"--~-- 2 185312555A1 Guilty H9254582 F2 Ind. Assault WID Consent 02/19/2004 3 185312655A1 Guilty H9254582 M2 Indec Asslt-W/O Cons 01 Other 02/19/2004 ...._._--_.~-"~-~ 4 1856301 55A Guilty H9254582 M1 Corruption Of Minors 02/19/2004 "",_,',"'M,'_~"~'_'M'"__,,,,_ ..-,."-....... ------ --._-- 5 1853123 55A1 Dismissed by H9254582 F1 IDSI Forcible 02/19/2004 Information . " Printed: 06/1712005 Recent entries made in the court filing offices may nol be immediately re1Iected on web generated docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assumes any liability for Inaccurate or delayed data, errors or omissions on these clockel sheets. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0000931-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Matthew Robert Oliver Page 3 of 10 DiSDosition Case Event Secuence/Descriotion Sentence Tvoe Sentencina Judae Soacial Conditions Sentence Conditions DiSDosition Date Offense DisDosition Sentence Date Incarceration/Diversionarv Period Final DisDosition Section Start Date Lower Court Proceeding (generic) Original Papers Filed by Lower Court 3 Ilndec Asslt-W/O Cons Of Other 4/ Corruption Of Minors 04/1 9/2004 Held for Court (Lower Court) Heid for Court (Lower Court) Held for Court (Lower Court) Not Final 18 li 3126 liliA1 18 li 6301 liliA 5 11051 Forcible Compulsion 18 li 3123 liliA1 Proceed to Court Original Papers Filed by Lower Court 3 Ilndec Assit-W/O Cons Of Other 4/ Corruption Of Minors 05/20/2004 Held for Court (Lower Court) Held for Court (Lower Court) Dismissed by Information Not Final 18 li 3126 liliA1 18 li 6301 !iliA 5/1051 Forcible Compulsion Guilty Trial Scheduled 1 / Sexual Assault Confinement Hess, Kevin A. 18 li 3123 liliA1 07108/2004 Guilty 10/12/2004 Min of 11.50 Months Max of 23.00 Months Other Final Disposition 18 li3124.1 10/12/2004 2/ Agg. Ind. Assault W/O Consent Confinement Hess, Kevin A. Guilty 10/12/2004 Min of 11.50 Months Max of 23.00 Months Other Guilty 10/12/2004 Min of 22.00 Months Max of 22.00 Months Other 18 li 3125 liliA1 10/12/2004 3 Ilndec Asslt-W/O Cons Of Other Probation Hess, Kevin A. 18 li 3126 liliA1 10/12/2004 . ., Printed: 06/17/2005 Recenl entries made in the court filing offices may not be immediately reflecled on web generated docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0000931-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Matthew Robert Oliver Page 4 01 10 Case Event Seauence/Descriotion Sentence Tvoe Sentencina Judae Soecial Conditions Sentence Conditions DiSDosition Date Offense DiSDosition Sentence Date IncarcerationlDiversionarv Period Final DisDosition Section Start Date 4 I Corruption Of Minors Probation Hess, Kevin A. Guilty 10/12/2004 Min 0122.00 Months Max 0122.00 Months Other 18 ~ 6301 ~~A 10/12/2004 5 /IDSI Forcible Compulsion '~'--------------"'~._-'-'--' Dismissed by Inlonnation 18 ~ 3123 ~~A1 10/12/2004 Hess, Kevin A. Name: Jaime M. Keating, Esq. District Attorney Suoreme Court No: 066726 Address: Cumberland County District Attorney's Office One Courthouse Square Carlisle PA 17103 Name: Karl E Rominger, Esq. Private SUDreme Court No: Counsel Status: Active Address: 155 S.HANOVER ST. Carlisle PA 17013 Other: (717)258-8558 Representing: Oliver, Matthew Robert - " Printed: 06/1712005 Recenl entries made in the court filing offices may not be immediately reftected on web generated docket sheets. Neither the Court of Common Pleas nor the Administrative Offlce of Pennsylvania Courts assumes any liability for (naccurate or delayed data, errors or omissions on these docket sheets. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0000931-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Matthew Robert Oliver Page 5 of 10 Document Number Issue Date CP Filed Date Filed Bv 03/05/2004 Correal, Paula P. 04/19/2004 Title/Entrv/Comments Service Tvee Service To Bail Set - Oliver, Matthew Robert Original Papers Received from Lower Court Court of Common Pleas - Cumberland County 04/20/2004 Rominger, Karl E. 05/07/2004 Peitition for Writ of Habeas Corpus Filed. Order of Court, filed 05/06/04. In Re: Writ of Habeas Corpus Hearing to be held 05/18/04 at 3:30 p.m. in Courtroom #5. Copies delivered on 5/7/04 at 4pm. Guido, Edward E. OS/20/2004 Information Filed. Ct 1,2,3,4 Cumberland County District Attorney's Office Order of Court, filed 05/18/04. By agreement of the parties, it is ordered as follows: 1) Petition for Habeas Corpus is granted as to the IDSI charge which is dismissed; 2) Commonwealth is granted leave to add to the information counts of Sexual Assault under Section 3124.1 and Aggravated Assault under Section 3125(a)(1) of the Crimes Code based upon the facts as related at the preliminary hearing (Joint Exhibit No.1); 3) Defendant is to appear for formal arraignment on OS/25/04 at 9:30 a.m. unless previously arraigned in Clerk of Court office. OS/25/04 copies delivered at 4 pm Guido, Edward E. OS/25/2004 2 OS/25/2004 Appearance Praecipe, Filed 5/25/04. Rominger, Karl E. 3 OS/25/2004 Acknowledgment of Arraignment, Filed 5/25/04. Def. is to appear for PTC 6/22/04 at 8:30am and Trial 7/6/04 at 9:00am. Rominger, Karl E. . " Printed: 06/1712005 Recent entries made in the court filing offices may not be Immediately renected on web generated docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assumes any liability fO( Inaccurate O(delayed data, errors or omissions on these docket sheets. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 06/23/2004 Docket Number: CP-21-CR-0000931-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Matthew Robert Oliver Page 6 of 10 Penalty Assessed Court of Common Pleas - Cumbertand County 06/29/2004 Pre-Trial Conference Order of Court, Filed 6/22/04. In Re: For Trial. Def. is to appear for Trial on 7/6/04, at g:OOam. 6/29/04 - Copies delivered at 4pm. Oler, J. Wesiey Jr. 07/02/2004 Motion to Continue Trial Terms to the August Term of Court, filed. Rominger, Karl E. 2 07/02/2004 Rominger, Karl E. 3 07/02/2004 Rominger, Karl E. 07/06/2004 Motion to Continue Trial, filed. Motion for Recusal, Filed. Order of Court, filed 7/2/04. IN RE: Motion to Continue Trial Terms to the August Term of Court The Motion to Continue Trial Terms is refused. 7/6/04 - copies delivered by 4pm. Hoffer, George E. 2 07/06/2004 Rominger, Karl E. 07/08/2004 Hess, Kevin A. 2 07/08/2004 Hess, Kevin A 07/12/2004 Hess, Kevin A. Motion in Limine, Filed. Verdict Slips, filed. 7/6/04 - 7/8/04. 14 jurors. Def found guiity on all counts. Ctnn #4. J. Kevin A. Hess. Guilty Order of Court, filed 7/8/04. IN RE: Defendant Ordered to Appear for Sentence. After trtal by jury, the def has been found guilty on all charges. PSI report directed. Def to appear for sentence on 8/10104 at 1 :30pm. Copies delivered on 7/12/04 at4pm. 07/14/2004 Commonwealth's Points for Charge, filed. Keating, Jaime M. - " PTinted: 0611712005 Recent entries made in the court filing offices may not be Immediately reflected on web generated docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assumes any liability tot inaccurate or delayed data, errors or omissions on ltIese docket sheets. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0000931-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Matthew Robert Oliver Page 7 of 10 07/16/2004 Opening address of Mr. Keating Proceedings, filed. Held before the Honorable Kevin A. Hess, J. on 7/6/04 in Ctrm #4. Hess, Kevin A. 2 07/16/2004 Order, filed 7/16/04. Our order of 7/8/04 is amended to reflect that an assessment by the PA Sexual Offende~s Assessment Board is directed. Copies delivered and mailed on 7/16/04 at 4pm. Hess, Kevin A. 07/26/2004 Order, filed 7/26/04. Sentencing set for 8/10/04 is continued to 10/12/04 at 1:30pm in order for the Sexual Offenders Assessment Board to complete their assessment. Copies delivered on 7/26/04 at 4pm. Hess, Kevin A. 10/14/2004 IN RE: Sentencing Memorandum, filed 10/14/04. Hess, Kevin A. 10/18/2004 Sentencing Order of Court, filed 10/12/04. On Ct 3 Indecent Assault and Ct 4 Corruption of Minors def is to pay costs of pros, on each count, jointly and severally and to run concurrently with each other, supervised probation for 22 mos. On Ct 1 Sexual Assault and Ct 2 Aggravated Indecent Assault def is to pay costs of pros, submit to DNA testing and lifetime Megan's Law registration, make rest, and on each count, jointly and severally and to run concurrently with each, CCP for 11 1/2 to 23 mos. Hess, Kevin A. 10/1 9/2004 Guideline Sentence Form Hess, Kevin A 2 10/19/2004 Notice of Appeal to the Superior Court, filed Proof of Service, Affidavit, Jurisdictional Statement and Certified Docket Entries filed Keating, Jaime M. 10/21/2004 Sentencing Proceedings, filed 10/21/04. Held before the Honorable Kevin A. Hess, J. on 10/12/04 in Ctrm #4. Hess, Kevin A 2 10/21/2004 Post Sentencing Motion, filed. Rominger, Karl E. . " Printed: 06'1712005 Recent entries made in the court filing offices may not be immediately reflected on web generated docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0000931-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Matthew Robert Oliver Page 8 of 10 3 10/21/2004 Order, filed 10/21/04. IN RE: Appeal of Commonwealth. In accordance with Rule 1925 of the Rules of Appellate Procedure, the Commonwealth having filed a Notice of Appeal, the Appellant is directed to file of record, within 14 days & serve upon the Judge a concise statement of matters complained of on appeal. Copies delivered on 10/21/04 at 4pm. Hess, Kevin A Appeal Docket Sheet from Superior Court of PA 1638 M DA 2004 Superior Court of Pennsylvania - Middle District 1 0/25/2004 10/27/2004 Commonwealth's Motion to Quash Defendant's Post -Sentence Motion, Filed. Keating, Jaime M. 2 10/27/2004 Order, fiied 10/27/04. IN RE: Motion to Quash Defendant's Post-Sentence Motion A brief argument is set for 11/1/04 at 9:00am. At said argument, the Commonwealth is asked to enlighten the court as to why the next to the last paragraph of the comment to Pa.R.rim.P. 721 does not have application this case. Copies delivered on 10/28/04 at 4pm. Hess, Kevin A. 10/28/2004 Motion for Reinstatement of Bail and Release, Filed. Rominger, Karl E. 11/03/2004 Commonwealth's Concise Statement of Matters Complained of on Appeal, filed. Keating, Jaime M. 11/04/2004 Order, filed 11/4/04. IN RE: Defendant's Post-Sentence Motion. Argument on the Defs Post-Sentence Motion is set for 12/13/04 at 9:15am in Ctrm #4. A brief for the defendant shall be filed 3 days prior to argument. A brief for the Commonwealth shall be filed one day prior to the argument. The appeal of the Commonwealth is rendered premature as a matter of law. Copies delivered on 11/4/04 at 4pm. Hess, Kevin A 11/09/2004 Jury Trial Proceedings, filed 11/9/04. Held before the Honorable Kevin A. Hess, J. on 7/6/04, 7nt04 and 7/8/04 in Ctrm #4. Hess, Kevin A. 11/19/2004 Order, filed 11/18/04. IN RE: Motion for Reinstatement of Bail & Release. Argument on the defendant's motion is set for 12/13/04 at 9:15am in Ctrm #4. Copies delivered on 11/19/04 at 4pm. . " Printed: 06/17/2005 Recent entries made in the court filing olTices may not be immediately renecte<l on web generated docket sheets. Neither the Court of Common Pleas nOf the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0000931-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania v. Matthew Robert Oliver Page 9 of 10 Hess, Kevin A 12/16/2004 Order, filed 12/16/04. IN RE: Motion for Reinstatement of Bail & Release. Defs hearing on the above motion set for 12/14/04 is continued to 12/17/04 at 1:30pm In Ctrm#4. Copies delivered on 12/16/04 at4pm. Hess, Kevin A 12/21/2004 Order, filed 12/21/04. IN RE: Motion for Reinstatement of Bail & Reiease. Motion is denied. Copies delivered on 12/22/04 at 4pm. Hess, Kevin A. 02/17/2005 Opinion and Order, filed 2/16/05. IN RE: Defendant's Post Sentence Motion. Oafs motion is denied. Before Hess, J. Copies delivered on 2/18/05 at4pm. Hess, Kevin A. 04/19/2005 Transcript of Proceedings, filed. Held before the Honorable Edward E. Guido, J. on 5/18/04 in Ctrm #5. Guido, Edward E. "Iifr' " "1"..triIIi' ""', < ',re, ,: ,;c,(~ .'c,. ;;j!.~..~ ::'i." ". '.~b last Payment Date: 06/10/2005 Total of last Payment: ($78.46) Oliver, Matthew Robert Defendant Assessment Payments Adjustments Non Monetarv Payments Total Costs/Fees Sheriff Costs (Cumberland) Sheriff Costs (Cumberland) Witness Fee (Cumberland) State Court Cost (Act 204 of 1976) . " $18.00 ($18.00) $0.00 $0.00 $0.00 $6.90 ($6.90) $0.00 $0.00 $0.00 $62.99 ($62.99) $0.00 $0.00 $0.00 $10.56 ($2.53) $0.00 $0.00 $8.03 Prinled; 0611712005 Recent entries made in the court filing offices may not be immediately reflected on web generated docket sheets. Neither the Court of Common Pleas nOf the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omisslons on these docket sheets. , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-OOOO931-2004 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 10 of 10 v. Matthew Robert Oliver Oliver, Matthew Robert Assessment Payments Adjustments Non Monetarv Total Defendant Payments Commonwealth Cost - HB627 (Act 167 $15.84 ($3.80) $0.00 $0.00 $12.04 of 1992) County Court Costs (Act 204 of 1976) $23.10 ($5.54) $0.00 $0.00 $17.56 Crime Victims Compensation (Act 96 $35.00 ($35.00) $0.00 $0.00 $0.00 of 1984) Domestic Violence Compensation (Act $10.00 ($2.40) $0.00 $0.00 $7.60 44 of 1988) Victim Witness Services (Act 111 of $25.00 ($25.00) $0.00 $0.00 $0.00 1998) Firearm Education and Training Fund $5.00 ($1.20) $0.00 $0.00 $3.80 (158 of 1994) JCP $8.50 ($8.50) $0.00 $0.00 $0.00 ATJ $1.50 ($1.50) $0.00 $0.00 $0.00 DNA Detection Fund (Act 57 of 2002) $250.00 ($59.86) $0.00 $0.00 $190.14 District Attorney (Cumberland) $17.00 ($17.00) $0.00 $0.00 $0.00 Administrative Fee (Cumberland) $45.00 ($45.00) $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $1.50 ($1.50) $0.00 $0.00 $0.00 Automation Fee (Cumberland) $5.00 ($5.00) $0.00 $0.00 $0.00 JurylNon-Jury Fee (Cumberland) $165.00 ($175.00) $10.00 $0.00 $0.00 Non DUI Central Processing Cost $200.00 ($200.00) $0.00 $0.00 $0.00 (Cumberland) Court Costs - Other (Cumberland) $60.90 ($60.90) $0.00 $0.00 $0.00 Costs/Fees Totals: $966.79 ($737.62) $10.00 $0.00 $239.17 Restitution Restitution $150.00 ($18.30) ($131.70) $0.00 $0.00 Crime Victim Compensation Board $131.70 ($131.70) $0.00 $0.00 $0.00 Costs.* Restitution Totals: $281.70 ($150.00) ($131.70) $0.00 $0.00 Grand Totals: $1,248.49 ($887.62) ($121.70) $0.00 $239.17 ** - Indicates assessment is subrogated AOPC 2220 - Rev 0611712005 Recent entries made in the court filing offices may not be immediately reftecled on web generated docket sheets. Neither the Court of Common Pleas nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Printed: 015/1712005 ~ PLA1NTIFF'S I EX~IT , . .1tI/ ~ , . J tv~ ~.~ )"">'0 ~,"0 >'-I'd yl A(Jd .". ~C7 ~E..-d~ ~-e-. ~ /"'"''--' J' 0 i /f1j1-7Ulf "v ~~-"J.- ~ ~/ r~ ..5-- (u..u...eA ;eu tV ~<4~", -../7<.4 C-K~ cdc2 V ~ \ Cd'~ ~~'L- /.n,) C~, u~ d f0 ; .o~. th ?'7v ~~.v <~ /""U :7) a(,> .xI'~-I' J ~ ~d. ~/< c~-'f /YlIi--nvl"--"~l l' (u"-'K., pY;o7' ja-<e L~J J. ~ --tf~. 7 eM #-t J. e0vc c~J~oL ~ C~..4v A.hU ~~":J /. /J ,.:/ /. 'd ~,L_,t",-d. ,-,,7:" M ~~ ~x CU'/L) ~f r~1. ~r.~Az:)d- //~~L ~.. &~~', c.."-n-.;;~-<-- /r.../. ~~- /- ~,rz'rz:u~ -r~4t-d'~~..J-.{~'~ :~.J.. i~ C?___~ J2--)C ('"t"6 ~'-1 '/ C) (W""..j :~7" /,a-C , ?!i,L )/""'1. ~"e.,r ri2~~ ~ / /--4-/ .l>4.-.<A'L ] e;:f rf~'1. ~' i4 ~",fiy hrfh J7z:Jzv~~ Ii d~ a.-.-.d L~. c;~~ 2f cv ,eLCke ~y .4...,,", Ii ~" J ~--? y~+<u 4J,x,) Y-tJ J ~ ,4~? I; ~~- ,6 r?U tt.i--'&...v J k..#, J a-,,,t..c/" ~ ~d.. ! Ar..M ,H-J y~ ~.. "vy _.~- 6."2fw ('anv iLAe.- d. :r -4.~ r ~!" " .' , U .A~#4 h ~4'-.-n<-. 4~r :,r/4 h,._-61lf,...~A_~C~ ~7' vi C:&, ~J M '<-Id4f., <'-" tJ....ti-u.<...... /~~ ...v~ .4~, ~v /l-~-N<;/' .. ' :, ~ .'=.- ~ N 6Aoc:.<k ? (:v .-tZ<' cL&.vJ ,Y/q,,,v)'-k M'-""-<'.. ~ .44......~ /~&..MC/ ~~ /? . t/R.....d'J' / dc, LJ.z.d ~ 0 2<'-;u:J-F~~-7' a~ V1t-A4>.....d ~/ c#/"''L&Y 0.~ ~ ?-'-"<'~ .?"Y/ /~.-4'~ ,;:..i-/,{~ <; tJ~44. 00 ft, <V~"'~) (J v"ul4.-{ vi c~ ,,~ cd~~f de tf /-'-0 4i~ v' ~ ~o ~.. ~- .7"l>/:!dt. " h..,,L; y~<{ IVAA.....e ;......J~ r1"~..M."'L. ,-,'><-I . r-k c~,.:&) ?t.4 -../ '-/'~'/' ~ v,.........z.f /:;y ~/ ~ 7dM'~~ r /'?;'/Y r;;?' 'vr; ry-.. ,~1ry ~/.,y;;r r'",/ /\ r>~'dr:- ~"^4 r>~/ f"".:yV'4 ~r-'~t7 /'--"fP-"'TP><-"J 7''''''''7 ~r"-(? ~~~7d~1Jh<"r'?"'Y~? -:? p-7 r )'r'j7 r/>?/Vt>'JY ~ I '7Y'''''l H7 I r-y '4A~"7' ?r';.,L ,z/ Id'''71A/ ~'7 -r==y ~ L7/....'...,,/7r t-t7 )'-7u/--Y7~;/"vVn~7~ 4,/1 ,'77fP -Y~rY ,I'?~ ~0~' 'n->r:Y" ?,7Tl..fY v /' , (/r..?' /T '/' // / A /~"!? rv-z.? ~ (77/ v'-.-\),r" hr/~/ PC>' -r>y a/ / ..;? / I --J,''Vr>7/'1 (;""7-/ ),;,ryyTZ'l;? ,,~. /~ ) '-'r:3. 'hL 7V ?'''''''l'?/V'7J/ r.,-.,v7~ ;>~'?y(7 rr~,/ ~1.h77 .^' I _~l' /J' I P r it / iJ 7"""7 Z P- Y'}5lJ 'hP<'P;;' "Of' v-:l7 r ~rr' 'V"Y v7-'d/ ~-::<,\{, 3?:;' -Y;;C?-r? 4 h~ 0/ ...."'?..-.? /'>';;./ or ,1)i:J l"/J CP7 ;.y_"M"'....,.~4?/ /<;' /' / Y7 vP'ntn--1 r7<7ty y-"'?f>// p1 P7.P',rf-,?V' (>'1.!"/' "0'7 7,r f'J'r...>-y, (Y/-"rt)1 "V 77 hy 7'PW! -yq;>j ;-. ~/)~'uL., ,--,;~>,/);TrYVvf "' ~() ,'j>-' ,,,,) 'v;x" \,~ V?"?j_/ "",' y-..-; 1~1/"'rr0t"-:,_/ - ,>//'r'~ /'"7' ,,/q r /7"~,,: ;'.7 ,t;'r~)/p,.z' ,~n;;<-np::?T 'l/~ 6rpQ rrt ~7,,/~7 '7'7';7 1n.7/~? 7""'ty 7"'" ~;r-Y?)' "17 ;rd' 0/ ~ ~I' v'" /I/\' '7~ p-m'i"rI Tvl?j P 0/ 7"-""""'''P' ~ f'rv ,?? ,:d!7~ W~#, ~/'W '''r''''''/'jl7 j..<-vJ' t?;dh7jJJ 'rp ""~ /:7 '41 r'~?7 /r'7"~0 '~07 /. ><rr /,~;> /']! ~":,/!~ (7/1 1:?J"'L""1 f" (>v(";Y ,-: ~.7-4' -/~ r . {/S' ;;:'7''''''>( :f?-n-;~ i;#P?1Yz.r/[ pu-;?7 rp:;r'>-""" '~""'-rn-I ~7'7 " ',' J'^"7~'i,,;Zi i!Vt:? mvr (>t."'i ''fPl.7 ~ ~ }"tr7;rr I' r'f;n"7TJ 04"4 7m77' 'Y r7'7~-.-v '72{~ qL h1r ~7 /" ".-:n-";P '-rr4l p~ /;/"-'(">'J ("'7"'1 ~ ~, ,?]./ .Y"-yv, ~,1,nl 0/ """/' I 'l',1, rr7 /f,(1',~0. . .,!'7:J -r'I'~J 'U ~ Y7 rrv 'pt'?? p---i;J ~7,~<)- " _ /~;J ~ 7.>:>:q (U.I? 7~ N /-/" . ?vL/ ;;: 7~p"~r C0' ~ '(7' vv-.) /' ~"" "I ",;;:-if r ./ ~j /"PV"":'Pn-l.;,' ~ IY:J '7'" 0/ r~ ~ /' . J;:?'Y>1r>1 "'7;? ~p' 'Y r/.-, ~7 7""J'-v,if , l' a~,J.. )i~ ~-<-:}~ V ;".~ .;!i t-U~,~ i .h~<, .64.- hnJ. J/ .-h P' ~- tL-,I'l/(.,{,nU..J,~-p jJ ~ ii ?~~ ~flU~- ~d/ IldA~/; ~L r ~ CLd:.<-.J c"j1?- c4,/;'4 0l~U4'/~ ~:; Ii / V ~ a-", /-i,-<- hffi-<--,.- .../ p~t'&L/ ~ ,GO' 11 LJ.u-y ~'1'/~ 1.:-./ /J ,,"-Le~~L~Z< ~ / 1! C"1V I t/Z<.<.L~,/D {'~ '/ ~.A. " ~V' I,i /~II $: .../ x~ ~-<-' -;"' ~L , iLkd c4 , j, ~~~,~ ~ ;::;~17:t;;;::Jt i: &0, :bt/r // /u r~,/-v 0Y1k ~ ~ AJ4'<.<'<!, I, -/c;,':'1-:__-./ cL- ~~ t<<-~~v ~ /U4~ ~..~~ ,i 1\7<'1<--- 4k (~?~ 0-dL ~_ . pi, /~~ L C,i.. tf..f~ ' !; /.71) f~ ~ ~/c~/d?~4- chd-, I, ~iU, :7l:Ji Ct.-U. /V<'~ .6td./U~, J W'?....f/'Z) j; ~7 C0 i'YlW-"- c:'0 J {lc-,...J .~-I- j.~ L,.<. ;L.&.~...a:z' ,i/<~ ~/ ~ ~~-t.> J"'-<!.eAuj' ~,~ ~, , ;, . (. 0./ FM ~ cd-la4-, :V~. .~ ~~..t 11 .h v.-feh r kPbU~..::.;t J-J..-. QPo (' l~f-, V 6~i Ii ~.&..d ~~ J ~o L~ TO .~~ j, ,.ve.f-~ C~ ?rd~?0J 0/ ~,.6<~ C~.c ,i ~ ~4-L-- ~/ n<-e.- Ic~.c0 ah~ d~ 'i Zl{!d; E/c 7 J ?u<~~ O/.I/U-<!_L-4_;dL d"(~/ :i ~..L. t26c/ I..v.~l~'W! rb..~<)'t ,.GrLUjd"zU ~,. :: ~/~44 ~-,~<~4,~ ~~;j:~ ;, c:Lc,z W'& />1'K/V7 k~.ur ~, ," l./p) /-~jt. r...'./ 1/'; /--.-.-..-" ~/ 0vt ~.~/ A }, J .... Nul' /-! U "-_-1.' // - pLA'N,.'FF'S l EXtUSl-r it J--- . .~,4, r" r "" "f~ , I""~ ~ ~~ J~cf': \..<'...~.\..( Ff -''''''''. . W,HI<-.. 7:t; v~ '. ..~ J /4"-1 _~,J I'FJI_ ~ "rF;:J~C p~Z:;:ff~ 'f ~ i/ p J7' . (/Y~' ;-;2., ;4r ~~ "" A''"j' ~~,;L . _."",Is dbr:' 77~' J z.r. .<- ,fl ":7: '. IO~ ~'l'adL;tff;. ~. . jI..-, J~C~ h o /..-" .J-d ./ ~",-- ~ .?Y~ I ~ a/J< T?' ~ ~"f /.4; r ~ ~, I't ~d"'-':' ",.J -:-"~ .\\.,? if<-. ".J' a;{ P'-4' .J~... ,P r/~ ~, f-IA' ~ 'J <h^ {!iJ /" ~. d~ :,A..",,j~ ,w a~ k 1'1 .l1v0 /I"" \I~' J "'~ YJ'-.;0 ~ A"~ ,4 \\ I'J6b''1L #,11" 2q>/ ..?r: ,4<P~ ~ \\ "/...0-" ./ .~/r :,w;...-'" /4- ~:"/ .a.d \\~ P J'..k-""y p'; /4- "'7 ~. 'fY1/-; \.0' h, _-" pY. ~ ,p/r tV../ ~ ~ /-1 L..I @'"k ,. ,J. M ....,p. /..... '"' -< ~ ~. 'jhJ oJ (l-.N'- uJAcJ. ~r1 r. I.-~..~.~. ~.... . \,Jt,04l. cfJ> ~. thU jjvd /,r 'If 'i~ IV,,//.A1' ;../I.i--j 4'~ .,(J~ ~ d .4 . 'v ';0' J.-< ~/ if, <I',d y Jbl ;;...L. (4- . . 3",},A 15 ,-" ft.w -/r, ~ A,..,t-,4 \ 1'0."" tlVft#-,M~/:~ .... ,j],,, (w.1I. A'~ ~ J f:fi. .h.. ~. ..J/~ I-M" '#, v'~n ""r t~A Jd. ~~~;.J) oJ pd f4~ fi ~c; (?7 ~;:Y (7Z'7r'7 ?vzl ,.-?P, ,V ';" n?r~ ~t!frw k fr? r~~0- ". .~ .no/ ~ ~ ;nn ~/;>.;..,/ ,?/'\ \ (Y~;7/~/~7 ~7 n-v ,l?y. / ) 2:~. . '-.1'..."- C' '"-, /_'- / ~ /' rh7"'7"'/'~/ n> 7"7 ,,' 1rf~{,., rw ~ -'if: ~ ',. ',' / / ~ " -7"'0 C>'~i'>1,/ ~ ~ -?'r>4' p;;;< / ~- Z::- 7 . ~, ~ /Y',!....",/ -r,..,,""~~ --';r>'-ry..c 0/ ?">~ )'", ry /.7' / /7',./ - V::o;/ .J? .~ '~~-::J -;r:7/,-7\, ;p 0/ ?=P ~r -ne-7:')?? t~T,mo/, ~ 'h;p k ~ ~ny-v7 /iky ~ ~:7 - ~ ''v!A-p /' ~ ~I'" '?< ./-trnP--.-,/ ".A\ ;..p 'r{7 ~ ./~.Y 0/ ~ T' ' /' 0;:: .. . - -4 7;:;~cr 7I'ey-;rvw 77A- .~y r p~ /f""in-;Ptl'rJ '~pv-v ""7""-' 'tn'Y'7t!{~ >PPM/ ;r-d' ": "77"" T~;"-? P'-'? 0~ '- ~ /7~ h.rcr- ~ ~ /lr" . .;f/rrS ~?" ~ ~ ~ ry~ 7'lr; p--o ~/?>''/ ~ ?r? ~ trP-t:? 0PA' ~ ~/ ~~.7 7';0}? ~ j6 7~ /'V /4--4~- "9-" /'0 V , )7< ~"(/r.r"'7Y r'p"4"?'- ,L~~;:r 77 ?~'r;~, ~r7, y.r Jif7P''-!J pt.y ,~:L7="/- 7"'.,'7;1.'~ / {"<:>vl ~ ,:,;/,/fr ?j:nrr2;'.7 -4""->>-0 A-'./h"C'7;rj I~ /" /-rrvjPV AJ "r,7v 7~ :>J 'Y' ;;!T:v-(J-v ?-rvw ro . '?7< ><<7J-t/ /",.. L rv--z:r/!"'?'7: ~ 1~/'-1">'Y'r7 J,.~~ry:nvr- <?VA' fl. ?/';P jZ tr~ c-y '^"-V /" .~ ~ ~ vV-p /' ~ 4iPr~ 7~ ~-/\ ~/!' ~ 'tJ P1//, -~~ c4;~ * ~ /~cy ~~/' ~ '.~~ ~y> ~ k .f''Y~ -pn .~ Yr~ 7:7 1T~ ~ /"" ~ ?P/r<--? FM jP'47ycnu-r (?G;Y ~~ r; "'VJ PjPhf"7 ./ J:.,r?7Pgr k cy: ~/J ~~7 W P2/ --'-;;;_. - - --;N/ o4nv >-0./ -<Jr~,. ~ ~ '-Y//, 7~' // (/ " . ........iii. "".olfo': ".."..,..~"_ // ,- ",~ ,~~ ft+ wA, , V""A::-rt,L :If ~, ~~ . i4 ;r../"ru.) , 1: en&?.., v ~~ '</~.d~ c7-? !:: M- Au-";c t/d ~ 1Y~~/ac':/ ~~ II Juri .J 4;-~' w~ cJ2.vo/ .~~. . . \~ ddJ! ~~ k ~,,/~ i~ ~au" 6~ ~~, h~i~ "{1r.?L, ~~L... C!~'&u.o4 4'~4-4- '-<-J~ '~ ~a4:-el4 ~ ~~, " JL ~ c?~~ 11/ 419 ~.L I ~/":~>J:&~~7:' \~~~~ Z-?.r i~~;,k . ;....u;t;:"r / /, ~ />L4- L~~ ~A, ~.,u i phJ wMY'ld /d~ ft~ ~~ ~ Ii ~ vi v'~':~~ d ~ -JY ~ ~6"~~ :i, cv ~r~4P><-' V4-<-<-d-, ?6 ,47 ~ I .', ;0UkU~~~-"--~?5~ /de.- <44~ :'~ te/dzL~. /:Z.-t' .~p.;.>{h<d/ad c4 i,:,,~~ ~o/~, ,/~.~ ~.~4- ':'i (~ ,/ Tt-o/::~ ~~ ~~y \V,1:; ~, w ~'l'/" ,..?u..~, r ,<1J ffft~ I'i/I-?~' ~L a ~~~.~~ i\~ /r<u ?<~L vC' JA ~-.e ~ ~ ;;)::~_~~~~;r:;=- I ['rlC;(-; .4';01 ~4f' tU!~ /h<_ J (~ ;/ ~ ;c~, . .. J ~Vl. ~. .~/~y~ ~ i7J~~"~~;: ~:~~Z ..t2,.,d ~~.J ~\/ hJ~ ~.6, ~ ?6 /?~ ~ ,/U- ~#,A-).~ 4P5~j..../:'..~ ~ ,--- -- .~. PLAINTIFF'S EXHIBIT E. I I, l-lt.lLo R>""'fl<'IU , ;. Yt:, Auo,I-(f.,<- A-."....,r+,,,,- l:>:I'r' I 1+ I':> J: t.{o~t:::A'I f-\,-,w I'-<-- 5"..- ,." 5t,"""'~"Vj 5o~'Jt-..T, : I-t O.J '':> /loA '-I 5~_ -r-L.,A-'<-", T"" DA ';/ ?' X- I l l.LJe--r Our T!-l ~- C'o.~,..r- yA.e{) -Foe >4 L I ,7(,<<- n ;: uJ."Ce., . TI..e.. 50,..- .(e..LT 50 q""ao i V " 100<0 f:AyLA f.-{A-UL. -L ~ Ie..., '5 H-e- ,; ';]'00 +,'e.,;,> r 5eT of' 3 E:y~ r>A(.L.." Yo<..c> t..P'J.<-e..- " F...efi- Se€J-J u..-, r t.... )A.:>w,L 0""-,,,-, .F' 'rE ,.3..-;t&:s ? :;~Se_ ~t..40L L~7'~ /// ~ ji ;, 1 ~t " ~~;l li,\.\. ,y\/~- t {tt:, ,\~ ,? y~. ,I" ..- " ','" /' ..... .' ,," \,." }, ..If '\" ' .'~ , , " ?k - c;::K - JU.5T A,vcXT~ .l)/1-LJo/ +J:.,<--'<,J,Q 6"""D .z:ec,CJeL) You, /-ls U.x>L /eh L~. ~ X ~ :-k.-!. 74. 5v/I't//.1t?-s, ...L. .C9AJ /mr/~E )'0J /'1-e? ,J2e,/h'J" ;/e~, CKC[E/-? m /,?T ai//' ;#-u.o .J?'A-</- J5Jnz~L aCJ4f1qA,) / d~p..a ~,. /,vt/o.o~ C/~ .. ~ -X/>1,,4,,<?,L /..5 44~ .2/rJa;;y Wr cr:: -.f~ ~,..--e- '! /No Loo/L 01/" T. . " ...th, .0,.0 e7.Y' ,4<<0 4, s .6 /~ './/.-ec LJ,t:/' .6e- Ov .~ d",,u - 72> ...,.cZ,,<J / d/c.. C'4AJ ,-....s:v,~, JO ft, /4" t!A.L'e/ h!vL) 0{; ~T /)/CA:- goof -fed:> ,(,fe. d>~, /:2/ LJat.>KSe, I ~. c C .. ;veep /0y&, ,/I/ffiVc. /~ ,.0.4.09-" ';::rUv /'f "fi.//ce, /'~ rV 0"'~ -h:t- ~,u Y,o~ v's/ r /'l-.vo &&07 /3c.A.J..u:.. 70 -5e<./D /6 ----<---- ~ c7Clr;(! <7000 -;<pX " '" }//O<u ,4<.Jr . )j;!I7-I"r/ 0('/ /I / /l'Jo V/~ '77 ',-"'J .f ;' ~ ~P' , ~,f.;/ d"''' <",../ .9 o al:;>r""7 J '0 / ,_' ~'7d"'<;/ (' '^ ", JP ,,,~l (''''' d,,;r J / \' ~ ":. tI c~ ~'\~ />,'T'J. dj? J " C ';C, ",:0 " / Id ~ ry 7">,y J ~ '-'-'/\ .' 1:17 jCl ;/<" IVJ- ;0 - > " "h "",-1cY'''' <'1'-;; "11 ' , '.' '1;f )vP 1"" ~.f <tI ';', '<& , fl''''i f ~" ~ ~ ~ M? "n'f/- tr'aqt/ d! ,A --n"YrT'f ....., ",/ ?J~itf .-.,.f 71t! ./,,,,'Pj:'; -Vr/ , /,yp (?'1Jt1 (;I ~7f (YeJ J '1j,vo- Of"f7.~ ('r>F -?J-I. j c; ,...1 -vrU- .J.1,iJ,?jC) , I . ..,#~d< 'rr 'J j) 1("<7('1 '7<1)' <;tf /. J. ni' " ,V'fI' <,"'Ii f, C,,,d'?I'~1 )<ff """ .'..,-"'// --r/ J.{; ,^,"'- {I "..,.> ,,"'" 7/iI (I d>j'<?l'f 'n,tJ?J 1/,' / I "'"'iT?""''' II <, _"7 <,-K ''1'' "",'C) ('On 77"'" #,p".v - fi~ if ~I pj y: , "" '/ ", '.,.c/"tf ,. "q" '; , ' ' ,.,,,,< "-:0 -r / <",O/. f r;,r.vJ ; )1 ~ t7' cPC/('1-pr>' / P .6"' /7/ ZT' __",., .'/ q /.4 J~!/ ' ! ".v 7;# ~ ':,~"., ~"'f "''!J'''' -/ I \'., ?I v / __ ,/7 e,rlt/ (l r;) f'<?o,{:' 7?'r7 j1C/ot/1.;. c/:?/ /~"P -t(; ,~ 7'j;: """,,"'J.!- I oT' ,~/''''I''' ," ~"O r;;"lwi/l" ",,,d -y/ ,. t;J,,<7'u,I 0"'1>" , f? r1C?/ LORI S. OLIVER, Plaintiff /Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MATTHEW R. OLIVER, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY NO.: 2003 - 630 PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Lori S. Oliver, Plaintiff, to proceed in forma pauperis, Date: b/l1/oS- I I Douglas 1. Boorstein Certified Legal Intern The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certify that we believe the party is unable to pay the costs and that we are providing free legal service to the party. IArJ ~("~G<J& THOMAS M, PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Phone: (717)243-2968 Fax: (717) 243-3639 -;.~. -" ~ ::C-<> 1"\1"": -o'.:JJ, ~~J '--' (~2\q, ..<_....r' ."j(1 bf0 ._,? ,,,-, -.::L v" cP ~ <fJ, (~ ~. .- --:> -- C \._~. ......'. 2. '-P. LORI S. OLIVER, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MATTHEW R. OLIVER, DefendantlRespondent CIVIL ACTION - LAW IN CUSTODY NO.: 2003 - 630 AFFIDAVIT OF SERVICE I, Douglas James Boorstein, hereby certify that I am a competent adult and that I personally served a true and correct copy ofthe Petition to Modify Custody on the Defendant, Matthew R. Oliver, at the Cumberland County Prison in Carlisle, Pennsylvania at 10:33 a,m. on the 21st day of June 2005. I verify that the statements made in this certificate are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: ~Jtll 2 f, lDO) ~ ' lJ~t~ Sign e Douglas James Boorstein Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Phone: (717)243-2968 Fax: (717) 243-3639 0 ,...., 0 = c; (:;:;.:I -" GJ' ,- -l :r:: c'::; rn:D ~ .--. ('" -Of"" :..,0 :?/) \. -C ;~.~'~ ?~ -.:"" 0) '(SF; " ':> f') :n 0:> .< LORI S. OLIVER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V, 03-630 CIVIL ACTION LAW MATTHEW R. OLIVER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 23, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthonse, Carlisle on Tuesday, July 12, 2005 at 2:30 PM 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. 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. 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 hearin\(. FOR THE COURT. By: Isl facquelineM. Vem,~ Custody Conciliator - f' 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 th,: court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 7:'.f ~ ~...". ~ P.ip 5~IIM .#p t ~ ~ >>-Jr.'1 '7 y ~~4"P{J .5'~"hr~ " I~~'I! (:::'!\',!"{,:';d \fi>._q'i\ 11'_)' '~;"'M"":8 A1Nr'(~<:'~ r'~;, .,..J!; .,:: j I'" +jZ t,iOf SUOZ 9'1 :OI1~ , ''',,, I :JHl :lO 'tJIj'O't"'ii\jCCl ~ ^ J. 3:)Y.~~Q-a:nl:l - LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - ]l,A W MATTHEW R. OLIVER, Defendant : NO. 2003-630 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ ~cJ"'" >~ ,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. _ / ,of the Cumberland County Court House, on the J,d, day of A/a..-o&'....r1 ';;~005, at <1 :3 () o'clock, .4, M., at which time testimony will be taken, For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initial]y with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the lmticipated testimony of each witness. These Memoranda shal] be filed at least ten days prior to the Hearing date, 2. Pending further Order of Court or agreement of the parties, the following shal] remain in effect: 3. The prior Order of Court dated April 27, 2004 is hereby vacated. 4. Mother shall have sole legal and sole physical custody of Kayla Marie Oliver, bom March 26, ]997, 5. Thomas James, MS, a qualified professionall, is already conducting a sexual offenders' evaluation of Father for probation and parole purposes. Mr, James is directed to provide a copy of the report to the Court and counsel for the parties, Mr. James shal] further recommend treatment of Father if necessary and provide an opinion as to whether Father should have unsupervised contact with the child. In the event that Mr. James is needed to testify at the hearing, the Court authorizes payment in the amount of $75,00 per hour for a minimum of one hour. 6, The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. ,,;\~,\y) ~~ ... ((,'\01 .,iv' ?,\ '>'i\ -\0 "\ ::,;:~-- ------- BY THE COURT, l "~~Ia~q cc~uglas J. Boorstein, certified legal intern Thomas M, Place, Esquire, Family Law Clinic, Counsel for Mother 45 North Pitt Street ./ Carlisle, P A 17013 .;Karl Rominger, Esquire, counsel for Father > 155 South Hanover Street Carlisle, P A 17013 .Jfiomas James, MS C/O Cumberland County Prison 1101 Claremont Road Carlisle, P A 17013 ~~ 'llt/o:) ~ LORI S. OLIVER, Plaintiff : IN THE COURT O]~ COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MATTHEW R. OLIVER, Defendant : NO. 2003-630 CIVIL TERM : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE ]9]5.3-8, the undersigned Custody Conciliator submits the following report: ]. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Marie Oliver March 26, ] 997 Mother 2. A Conciliation Conference was held July 12, 2005 with the following individuals in attendance: The Mother, Lori S. Oliver, with her counsel, Douglas J. Boorstein, certified legal intern, and Thomas M. Place, Esquire, Family Law Clinic and counsel for Father, Karl Rominger, Esquire. Father is incar'~erated and did not attend. 3, The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated April 27, 2004 providing for sole legal and primary physical custody in Mother with Father having periods of partial physical custody. 4. Mother's position on custody is as follows: Mother seeks sole legal and sole physical custody of the child, She maintains that Father was convicted of sexual assault (18 Pa.C,S,A. ~3124.l) and aggravated indecent assault (18 Pa.C.S.A. ~3]25). In light of his convictions, the court, pursuant to 23 Pa,c'S.A. ~5303, is required to determine whether he poses a treat to the child and in making that determination, the Court must appoint a qualified professional to provide counseling to the offending parent and the Court is to hear testimony from the professional cOlillselor before issuing an order of custody. 5. Father's position on custody is as follows: Father seeks periods of partial physical custody once he is released from prison. 6. The Conciliator recommends an Order in the form as attached, vacating the prior Order of Court dated April 27, 2004, granting Mother sole legal and physical custody ofthe child, appointing a qualified professional to conduct an evaluation and treatment, if necessary, and testify concerning his evaluation of Father. It is expected that the Hearing will require one half day. 1-/L{-DS' Date 1. ~_IJL tt.(~ ~ Verney, Esquire Custody Conciliator LORI S. OLIVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 2003-630 MATTHEW R. OLIVER, Defendant TO THE PROTHONOTARY CUMBERLAND COUNTY: ENTRY OF APPEARANCE AND NOW, this 6th day of September, 2005, comes the undersigned, Joseph L. Hitchings, Esquire and respectfully requests that his appearance be entered on the above- captioned dockets. Respectfully submitted, vt\-~ seph L. itchings, EsqUire Attorney for Defendant 4811 Jonestown Road Suite 125 Harrisburg, Pennsylvania 17109 (717) 657-3900 Attorney Identification No.: 65551 '-\ ~s , c-: .-;.., f'-; . LORI S. OLIVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MATTHEW R. OLIVER, Defendant NO. 03-630 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of November, 2005, upon consideration of the attached letter from Angel Revelant, Certified Legal Intern with Family Law Clinic of The Dickinson School of Law of The Pennsylvania State University, the hearing previously scheduled for December 7, 2005, is cancelled. BY THE COURT, Angel Revelant Certified Legal Intern Thomas M. Place, Esq. Supervising Attorney ftmily Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Plaintiff \ rP ,~\) "\ ~rl Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc r. ,'--: (, 'I .r' ! J ":,1 .-7 Q~. :JU PENN STATE ~ The Dickinson . School of Law Family Law Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Date F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013 Office: 717 -243~2968 or 717-243,8034 Fax: 717-243-3639 November 28, 2005 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Lori Oliver v. Matthew Oliver No. 2003-630, In Custody Dear Judge Oler: Please allow this letter to confirm my conversation with your secretary that the parties in the above-referenced matter have reached an agreement and the Custody Hearing scheduled for December 7,2005 at 9:30 a.m. is no longer necessary. As soon as the Custody Agreement is signed by all parties, I will forward it to you along with a proposed Order of Court Thank you for your attention to this matter. Respectfully, arqy- klul~I--f Angel Revelant Certified Legal Intern cc: Lori Oliver Joseph Hitchings, Esquire /, /j1/) 'V// .., <' .., .7 " <D...,.. V...,-'J The Dickinson School of Law of The Pennsylvania State University An Equal Opportunity University , LOR! S. OUYER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. No. 630-2003 MATTHEW R. OLIVER, Defendant. CIVIL ACTION - LA W IN CUSTODY CUSTODY AGREEMENT THIS AGREEMENT, made this __ day of ~~~' 2005, between Lori S. Oli',-cr, hcn"::lnd.i-lcT ~~1otbcr, and I\1,lithc\\ R. Oliver, h.:fcinaCtcj" F~lthcr. conc:crns the custody of their child: Kayla Marie Oliver, born on Mar'ch 26, 1997. Motber and Father desire to enter into an agreement as to the custody of the child, Mother and Father agree to the following, l, Mother shall have sole legal custody ofthe child, Mother shall share all medical and education records with Father, 2, Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody ofthe child as follows: a. Beginning December 31,2005, every Saturday fr0111 1 :00 p.111, to 5:00 p.m, at the residence of Dennis and Pat Gotthard, 254 Stuart Road, Carlisle, b, Father' agrees to notify Mother' in advance if the visit will be conducted anywhere other than at the residence of Dennis and Pat Gottbard, 4. Fatber's periods of partial physical custody shall be supervised at all times by Dennis or Pat Gotthard. Mr. and Mrs. Gotthard arc expected to c0111municate with both Father and Mother with respect to the supervised visits. f . 5. Mother is responsible for transporting the child to the Gotthard's residence fix Father's custodial periods. 6. The minor child may have reasonable telephone contact with Father and all phone calls are to be initiated by the minor ehild to Father. Mother is penllitted to supervise the telephone calls, Father is not to pressure the minor child to make phone calls. 7. f'dthcr \viJ] notify !V1uthcr iillillcdiatcly elf mc,-iica] cmcrgcncic:.. \vhich arise while the child is in Father's care, 8. Neither parent will do anything which may estrange the child tl'om the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect Illr the other parent. 9. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. ~,)~ Lori S. Oliver, Plaintiff , 1/' ,{;1/ (./ <~~ Matthew R. Oliver, Defendant Q /1/)../i) lCe!ela'/l-:t An~ant Cenitied Legal Intern Counsel for PlaintitT / .'" II 1 ." L_ _) '_~'(l./_~'L_ :eplM'f;(;;jJl1lgs, ESqUlfe:::;if Counsel Cor Defendant ," /UJilL- /zac UJC~ Counsel I' Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Phone (717)243-2968 Fax (717)243-3639 1"\~~.(,;lT:" Jl,'~"Jf ~lWIP . " .... ,'. . ,..1 DE:L :<,~ lU05 'U ~,J-, BY: _____..Ll""':__.u_. i~~ :--::! -.'.--- (JI -..; (~; Tj in -.,,'. ;:'J::J " , ;,"" LORI S. OLIVER, PlaintiIT, Ill~J 0 4 LUU6 IN THE COURT OF COMMON PLEAS My CUMBERLAND COUNTY, PENNSYL VANIA v, No. 630-2003 MATTHEW R. OLIVER, Defendant. CIVfL ACTION - LA W IN CUSTODY ORDER OF COURT AND NOW, this the -ili. day or ]' c't> 21--.0h , :IBt15, the dttachcd ( L1stody Agreement is approved and entered as an Order of COLlrt. BY THE COURT: J i &-O~ ~ ~ ]115- I" 'II fJ:' ...~. '" J r"\ ~.l.'ctl~ Ginn7 ~~- 11;;- .,IjJiJ(.. :10