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HomeMy WebLinkAbout98-01457h J s 9c 1 .? .? r '` ` ? a MAY 13 1998" ROBERT L. MATTESKY, Plaintiff V KIMBERLY A. MATTESKY, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO: 98-1457 CIVIL TERM :IN CUSTODY COURT ORDER AND NOW, this /I/ A\ day of May, 1998, 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 Courthouse on the /?- day of 0'uN , 1998, at -*00 m. at which time testimony will be taken in this case. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, each party's position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's Order of March 31, 1998, shall remain in effect. BY THE RT J. Edwa E. Guido cc: Daniel W. DeArment, Esquire Ce Robert L. O'Brien, Esquire 5_/09 Co,, / ?r ?. `' ? ?? ? ?- (! ,t? i., ?;r ('. .. y; '? :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V :CIVIL ACTION - LAW KIMBERLY A. MATTESKY, :NO: 98-1457 CIVIL TERM Defendant :IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT ROBERT L. MATTESKY, Plaintiff IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Zachary L. Mattesky, born August 19, 1994. 2. A Conciliation Conference was held on May 8, 1998, with the following individuals in attendance: The Mother, Kimberly A. Mattesky, with her counsel, Robert L. O'Brien, Esquire; and the Father, Robert L. Mattesky, with his counsel, Daniel W. DeArment, Esquire. 3. The parties separated in March of 1998. Father left the marital home and took the minor child. There is currently a temporary Order issued by stipulation that provides for sharing of physical custody on a week-on week-off basis. 4. Mother suggests that she should be primary custodian of the minor child. Father suggests the same with regard to him. Mother asserts that she has another child at home and that the siblings should be kept together. She also suggests that she has always been the primary caretaker in the household. 5. Father asserts that he has been the primary caretaker in the household and suggests that there may be other reasons why he should have primary custody. 6. The parties are unable to reach an agreement and a hearing should be scheduled. A hearing should take no more than one day. 7. The Conciliator recommends an Order in the form as attached. 4 Lo ? ft DATE V. Custody ROBERT L. MATTESKY, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KIMBERLY A. MATTESKY, No. 98-1457 CIVIL TERM Respondent IN CUSTODY PRE-HEARING STATEMENT AND NOW, comes the Petitioner, Robert L. Mattcsky, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, Esquires, and files the following Pre-Hearing Statement: 1. ISSUES TO BE ADDRESSED: Whether the best interests of the minor child are served by granting Petitioner primary physical custody of the parties' minor son. 11. ANTICIPATED EXHIBITS: None anticipated. However, ifit becomes necessary to support the Petitioner's case, the Petitioner reserves the right to use necessary exhibits. III. EXPERT WITNESSES: None. IV. ANTICIPATED FACTUAL WITNESSES: Petitioner intends to call the following factual witnesses: • Robert L. Mattcsky - All issucs`v • Randall Barrick - All issues `? • Donna Deatrick - All issues • Frederick House - All issucs? • Lucinda Parson - All issues (Plaintiiffreserres right to call an addilional or alternate witness from D-inily Da),cra•e) Respectfully Submitted, IRWIN, McKNI ll ' FIUGHES anicl . DcArmcnt, Esq riu 60 West Pomfret Street Carlisle, Pennsylvania 17013 Tel: 717-249-2353 Supreme Court ID 77946 Petitioner V. KIMBERLY A. MATTESKY, Respondent : IN THE COURT OF COMMON rLLAn ur CUMERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 98-1457 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE 1, Daniel W. DeArment, Esquire, hereby certify that on this date a true and correct copy of the Pre-Hearing Statement as captioned above was served via hand delivery and by first class United States mail, postage prepaid in Carlisle, Pennsylvania, 17013, upon the following: Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 1RWIN, McKNIGHT & HUGHES Dani eArment, squire 60 West Pomfret Street Carlisle, Pennsylvania 17013 Dated: June 8, 1998 ROBERT L. MATTE SKY, : IN'I'IIE COURT Oh COMMON PLEAS OF V. Petitioner KIMBERLY A. MATTESKY, Respondent CUMERLAND COUNTY, PENNSYLVANIA CIVIL AC'T'ION - LAW No. 98-1457 CIVIL TERM IN CUSTODY PRE-IIEARING STATEMENT AND NOW, comes the Petitioner, Robert L. Mattesky, by and through his attorneys, IRWIN, McKNIGHT & HUGI IES, Esquires, and files the tollowing Pre-Bearing Statement: 1. ISSUES TO BE ADDRESSED: Whether the best interests of the minor child are served by granting Petitioner primary physical custody of the parties' minor son. If. ANTICIPATED EXHIBITS: None anticipated. I however, if it becomes necessary to support the Petitioner's case, the Petitioner reserves the right to use necessary exhibits. 111. EXPERT WITNESSES: None. IV. ANTICIPATED FACTUAL WITNESSES: Petitioner intends to call the following lactual witnesses: • Robert L. Mattesky - All issues • Randall Bairick - All issues • Donna Deatrick - All issues • Frederick i louse - All issues • Lucinda Parson - All issues (111ainl ff reserver night to call an additional ar alternate witness from "1'rinitr 1)grCal-0 Respectfully Submitted, IRNIN, McKN kip HUGHES ? - amcl . DcArment, Gsquiic 60 West Pomfret Street Carlisle, Pennsylvania 17013 Tel: 717-249-2353 Supreme Court ID 77946 ROBERT L. MATPESKY, : IN'1'111s COUIt'1' Oh CONfiNION PI,lsAS OF PcUtioner : CU IERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KIMBERLY A. MATTESKV, No. 98-1457 CIVIL TERM Respondent IN CUSTODY CERTIFICATE OR SERVICE 1, Daniel W. DcArment, Esquire, hereby certify that on this date a true and correct copy ot'the Pre-Hearing Statement as captioned above was served via hand delivery and by first class United States mail, postage prepaid in Carlisle, Pennsylvania, 17013, upon the Hollowing: Robert L. O'Brien, Esquire O'Brien, Baric &, Scherer 17 West South Street Carlisle, Pennsylvania 17013 IRWIN, McKNIGHT & HUGHES ?.__. Daniy?nncnt irc?G 60 West Pomfret Street Carlisle, Pennsylvania 17013 Dated: June 8, 1998 ROBERT L. MATTESKY, : IN TllE COURT OP CONINION PI,EAS Olr Petitioner : CUMERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KIMBERLY A. MATTESKV, No. 98-1457 CIVIL TERNI Respondent IN CUSTODY PRE-IIEARING STATEMENT AND NOW, comes the Petitioner, Robert L. Mnttesky, by and through his attorneys, IRWIN, McKNIGUIT & HUGHES, Esquires, and riles the 11ollowing Pre-Ulearing Statement: 1. ISSUES TO BE ADDRESSED: Whether the best interests of the minor child are served by granting Petitioner primary physical custody of the parties' minor son. IL ANTICIPATED EXIIIBITS: None anticipated. However, if it becomes necessary to support the Petitioner's ease, the Petitioner reserves the right to use necessary exhibits. Ill. EXPERT WITNESSES: None. IV. ANTICIPATED FACTUAL WITNESSES: Petitioner intends to call the following factual witnesses: • Robert L. Mnttesky - All issues • Randall Earrick - All issues • Donna Deatrick - All issues • Frederick I louse - All issues • Lucinda Parson - All issues (Plninti(/ reserves right to call as a(Milional or alternate witness front Trinity DaYe re) Rcspcctrully Submitted, IRWIN,111cKNIG11rtSc HUGH :S i amcl W. DcAnnent, Gsgmrc 00 West Ponirrct Street Carlisle, Pennsylvania 17013 Tel: 717-249-2353 Supreme Court ID 77946 ROBERT' L. MAT PESKY, : IN'1'IIE COURT OI? COMMON PLEAS Oh Petitioner : CIIMERI,AND COUN'rl', PENNSYLVANIA V. CIVIL ACTION - LAW KIMBERLY A. MATTESKY, No. 98-1457 CIVIL TERM Respondent IN CUSTODY CElrrn, ICATE Or SERVICE 1, Daniel W. DeArment, Esquire, hereby certify that on this date a true and correct copy of the Pre-Hearing Statement as captioned above was served via hand delivery and by first class United Stales mail, postage prepaid in Carlisle, Pennsylvania, 17013, upon the following: Robert L. O'Brien, Esquire O'Brien, Boric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 IRWIN, McKNIG1IT & HUGHES - - '-y, ?iq "6cAnnent, squire 60 West Pomfret Street Carlisle, Pennsylvania 17013 Dated: June 8, 1998 ROBERT L. MATTESKY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 98-1457 CIVIL TERM KIMBERLY A. MATTESKY, : CIVIL ACTION - CUSTODY DEFENDANT ORDER OF COURT AND NOW, this 3vp[ day of 1998, the attached Stipulation and Agreement is made an Order of Court. By the Court, J. X7114'Xr?S'i.:??".:......i..u__Sl:..w:?Y.A.w .. .. :.::. .. ... x1. ,_,.. .... .. i'- ..::. . ..,.:r.:?mrt;i•APWtlYiY-twvm.:w..a.n.,,?ti..ay.r+s.:,ua?.r?-..:._s ?y? r) b; u-s IO ?? J' CJ ( LL . G a. CU 97/26/98 It: 28 F.tX 717 249 9184 I9HIN MCKN & III'G ROBERT L. MATTESKY, PLAINTIFF V. KIMBERLY A. MATTESKY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1457 CIVIL TERM CIVIL, ACTION - CUSTODY STIPULATION AND AGREEMENT THIS STIPVLATIONAND AGREEMENT entered into this day of March, 1998, by and between ROBERT L. MATTESKY (hereinafter referred to as "Father") and KIMBERLY A. MATTESKY, (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT. WHEREAS, Mother and Father are the natural parents of ZACHERY L. MATTESKY, date of birth August 19, 1994; and WHEREAS, on March 17, 1998, Father filed a Petition for Custody, and subsequently, Mother filed a Petition for Special Relief on March 19, 1998; and WHEREAS, a brief conference was held before the Honorable Edward Guido, and a 0 002 hearing relative to custody of the parties' minor son was set for March 25, 1998; and 03/25/08 It: 28 rAX 717 Zan 0154 IK0't\ LICKS 6 IU G 200.1 WHEREAS, die parties have reached an interim custody agreement relative to custody of their minor son to be in effect between now and the conciliation currently set fur May 8, 1998; and WHEREAS, the parties desire to confirm their agreement relative to custody of their minor son and execute an Agreement and Stipulation to effect the same. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The Mother and Father shall have joint legal custody of the minor child. 2. The Mother and Father shall share physical custody of ;he minor child on an alternating weekly basis with the change in custody to occur on Sunday evenings at 7:00 p.m. Mother shall exercise her first weekly period of custody on Sunday, March 29, 1998 at 7:00 p.m. 3. The party receiving custody shall provide the transportation of the minor child, and the parties agree to cooperate in transferring the personal belongings necessary for the care of the minor child at the time of custody exchange. 0ai25i04 1 t : 28 raX 717 240 0354 110r15 MCKN k III G 4. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall fWlhcr take any necessary steps to ensure that the health, welfare and well being of the child is protected. 5. Both parties shall have reasonable telephone contact with the child during periods when the other parent is exercising physical custody. 6. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 7. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other, and all parties understand the terms of this agreement. 8. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the minor child and shall retain such jurisdiction should circumstances change and either party desire further or Z 004 require further modification of said Order. 01/25/08 11:28 FAX 717 240 0754 IRWIN W"KN & HUG fb00a 9. The parties hereby agree to cancel the pending custody hearing currently scheduled before Edward E. Guido, J., on March 25, 1998, and further agree that this arrangement shall continue pending the conciliation currently scheduled for May 8, 1998, or further Order of Court. 10. The parties hereby agree that in the event either party needs a child care provider during their period of custody (other than during the times the custodial parent is working wherein Paragraph 11, below, would apply), that the non custodial parent shall be given the first choice to care for the child during the custodial parent's absence. it. The parties hereby agree that the minor child shall continue to attend the Trinity Day Care facility in Walnut Bottom, Pennsylvania; it is further agreed that Father shall pay for said daycare provider. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: Dater (SEA?.) ROBERT L. O'BRIEN Counsel for Kimberly A. Mattesky Dat? (SEAL) REBECCA R. HUG S Counsel for Robert L. esky ROBERT L. MA'1"PESKY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.98- /N 7 CIVIL TERM KIMBERLY A. MATTESKV, : CIVIL ACTION -/CUSTODY DEFENDANT ORDER OF COURT AND NOW, this @C) day of MCl C h , 1998, upon consideration of the attached petition. it is hereby directed that the parties and their respective counsel appear before 1 x l Esquire, the conciliator, at' hYlc utt? L (Ct14?2:Y ?. ?r d , ?UMhef ?m C? (Cl rl , on the day of \ 1998, LILOCA M. for a Pre-Hearing Custody Conference. At such conference, an effort will a 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. OF •?.; FlLfq: -pj OT1JiY 98IIAR 2Q Pi's 3: CU?vlF;c?riL?:.i?iJ CQUPJI}, f'tNh?S'fl.l:bVl:1 3 -do ccc? U.MIAI IESKY, PLAINTIFF V. KIMBERLY A. MATTESKY, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- 1,11-6'7 CIVIL TERM CIVIL ACTION - CUSTODY PETITION FOR CUSTODY AND NOW, comes the plaintiff, Robert L. Mattesky, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, and files this Petition for Modification of Custody making the following statement: The plaintiff is Robert L. Mattesky, an adult individual previously residing at 315 Shed Road, Newville, Pennsylvania 17241. 2. The defendant is Kimberly A. Mattesky, an adult individual residing at 315 Shed Road, Newville, Pennsylvania 17241. 3. The parties are the natural parents of one (1) minor child, namely Zachery L. Mattesky, born August 19, 1994. 4. The parties were married on January 22, 1994, and separated on March 14, 1998. 5. The parties separated and the request of the defendant, and the plaintiff moved out of the marital residence, taking the minor child with him. 6. The petitioner has had several concerns regarding the care of the minor child while he is in the physical custody of the defendant, including the limited time the defendant has spent with the minor child, and the lack of control the defendant has over the minor child. 7. The plaintiff believes and therefore avers that it is within the best interest of the minor child that he have primary physical custody of him, with periods of partial physical custody to the defendant. WHEREFORE, the plaintiff, Robert L. Mattesky, respectfully requests that he be granted primary physical custody of the minor child. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By. 641 "nZ Rebecca R. Hughes, Esq ' 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 67212 Attorney for the Plaintiff Robert L. Mattesky Dated: March 13, 1998 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ROB RT . MATTES Date: 3-12 , 1998 w.. LQ v MAR 1 9 1998be) KIMBERLY A. MATTESKY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW NO, 98- 1?1?7 CIVIL TERM ROBERT L. MATTESKY Defendant IN CUSTODY ORDER OF COURT AND NOW THIS /-&ay of March, 1998, upon review of the attached Petition for ?Speeciiaal Relief, this Court sets a hearing in this matter for MOAdAV , the .s3="'day of , 1998, at /--.jJ A.M . . in Courtroom # _J00 - of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. ., J7jL CJ•. ??? e KIMBERLY A. MATTESKY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION -LAW NO. 98- /r'57 CIVIL TERM ROBERT L. MATTESKY Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF 1) Petitioner is Kimberly A. Mattesky, Plaintiff in the above-captioned action. 2) Respondent is Robert L. Mattesky, Defendant in the above-captioned action. 3) Petitioner incorporates the pleadings as set forth in her Complaint for Custody herein. 4) Petitioner has been denied reasonable access to and custody of her child and requests that the Court set an emergency hearing so as to set the parties' rights herein in regard to custody of Zachary Lee Mattesky, age 3 years, born 8/19/94. WHEREFORE, Petitioner respectfully requests that Your Honorable Court set an • emergency hearing so as to set the parties' rights herein in regard to custody of the parties' child, Zachary Lee Mattesky. Respectfully submitted, Date: _a S Robert L, O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 I verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. i Kimberly A. Matlesky DATE: dS e KIMBERLY A. MATTESKY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY ROBERT L. MATTESKY NO. 98 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW THIS _ day of , 1998, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the - day of 1998 at _ A.M./P.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 may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 KIMBERLY A. MATTESKY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 98- CIVIL TERM ROBERT L. MATTESKY Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Kimberly A. Mattesky, an adult individual, currently residing at 315 Shed Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Robert L. Mattesky, an adult individual, currently residing at (unknown), Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks custody of the following child : Zachery Lee Maltesky, age 3, born 8/19/94. The child was not born out of wedlock. The child is presently in the custody of Robert L. Mattesky, who resides at (unknown), Carlisle, Cumberland County, Pennsylvania. The defendant father recently removed the child from the home he has been raised since birth without discussing this with the plaintiff mother. During the past five years, or since the child's birth, he has resided with the following persons at the following addresses: (a) from birth to March 14, 1998 with the parties at 315 Shed Road, Newville, PA. ......_."?. L" _:... (b) from March 14, 1998 to present with defendant at an unknown location. The natural mother of the child is Kimberly A. Mattesky, currently residing 315 Shed Road, Newville, PA 17241. She is married. The natural father of the child is Robert L, Mattesky, currently residing at unknown. He is married. 4. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Amanda Lynn Morrison age 7 and born 7/10/90. She is Zachery's sister. 5. The relationship of the Defendant to child is that of natural father. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 interest and permanent welfare of the child will be served by granting the relief requested because: (a) The mother has been the primary caretaker of the child since his birth. Prior to the parties seperation on March 14, 1998 the father on numerous occasions declined the opportunity to spend time with the child and left him with the mother or his baby sitter for care. The father has been verbally and physically abusive to the child as well as to his seven year old sister. (b) The father has removed the young child from the only home he has known since birth and the company of his sister and his mother. This move was made suddenly and without any notice to the mother. The father has refused to return the child to his home or to make reasonable accomodations for a shared custody arrangement pending court resolution of the case. Accordingly, the father has shown that he will not be accomodating to permit " frequent and continuing contact and physical contact" between Zachery and his mother and sister. 23 PACSA 5303(a) The father has also changed the day care provider without consulting the mother. Zachary's day care for approximately past year and a half had been with Deb Ickes. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests your Honorable Court to: A) grant custody of the child to the plaintiff; B) set an emergency hearing in order to set the parties rights until such time as there can be a full hearing in this matter; C) grant such other relief as is just and in the best interest of the child including the award of attorney's fees against the father. Respectfully submitted, Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 Date: 3 tT 4T (717) 249-6873 I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ? l Kimber y A. Mattesky DATE: 3lr' 1 v co ti PN ?y )t- 4. R i U ? y q4 U C? Q [ Lzj U .a a- n i n 5 ?i °?b tl pg?] O KIMBERLY A. MATTESKY Plaintiff Vs. ROBERT L. MATTESKY Defendant 1. HISTORY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98- 1457 CIVIL TERM IN CUSTODY PRE-CUSTODY TRIAL MEMORANDUM This case involves the custody of Zachary Lee Mattesky, age 3 years, born 8/19/94. The child was born to the parties to this action, Kimberly A. Mattesky and Robert L. Mattesky. The parties resided at 315 Shed Road, Newville, PA., which was a home that the mother had purchased prior to the parties' marriage. Mother has a child from a different relationship, Amanda Lynn Morrison, born 7/10/90 age 7 years, who also resided with the parties at this location.. From Zachary's birth until the parties' separation on 3/14/98, the primary care taker for both Zachary and Amanda was the mother, Kimberly. The father, Robert, had very little interest in the young children and would often times refuse to care for his son and step daughter on Saturdays when the mother had to work at her job as a bank employee, as well as other occassions. On those occasions, the mother would have to make arrangements for a babysitter to watch the children or arrange to drop the children off at a friend or relatives home. As the marital difficulties increased between the parties, there were discussions about the father moving from the home. At that point in time, the mother was under the Impression from comments made by the father, that he anticipated spending alternate weekends with his son, as well as other times during week days and after his working hours. Father never once discussed with the mother, his intention to remove his son from the home that he had been raised in with his mother and sister. On the date of the separation, the mother came home from work to find that father had removed the son's clothing and furnishings, as well as the child. Prior to this point, the parties had extensive discussions about the furnishings and other belongings that the father was taking from the home, but he never disclosed his intention to take the parties' son. Il. WITNESSES: Kimberly Mattesky: Kimberly will testify as to her being the primary care taker for both Zachary and his sister, Amanda. She will testify as to the activities that she undertook in reference to cooking, cleaning, washing, feeding, diapering, et cetera. She will testify as to the father's lack of participation in these activities. She will testify as to the father's temper and his inability to deal with young children. She will state that the father belittled and humiliated the daughter Amanda on many occasions. In addition to verbally abusing Amanda, he also, on occasion, would strike her. She will testify that the father, in addition to showing lack of interest in caring for Zachary's needs, would verbally abuse the child and strike him on occasions. Finally, she will testify to the father's lack of interest in the welfare of the child by his decision to remove the child from the home and from the day care setting where he was safe and secure and had a playmate that he was close to. Laura Messner: Laura was a friend to both parties and visited on many occasions at the parties' home. She will testify that she personally observed the interaction and care provided by the mother and the lack of same by the father. She will testify to incidents when she saw the father become verbally abusive, as well as physically abusive, to his son. She will testify as to her observations that the children appeared to be in fear of the father. Laura has scheduled a vacation for the time that the custody hearing is set and her testimony will be taken at a later hearing or via deposition. Shirley Pokrowka: Shirley is the maternal grandparent of Zachary and Amanda. She also on numerous occasions spent time at the home and observed both parents with the children. Her testimony will be similar to that of the mother and Laura Messner. Deb Ickes: Mrs. Ickes was the day care provider. She will testify as to which parent she had contact with in reference to Zachary's care as well as to his relationship with her son. Respectfully Submitted, O'BRIEN, BARIC & SCHERER BY: ;??OS _ Robert L. O'Brien, Esquire I. D. #28351 17 West South Street Carlisle, Pennsylvania 17013 717-249-6873 KIMBERLY A. MATTESKY Plaintiff Vs. ROBERT L. MATTESKY Defendant 1. HISTORY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 98- 1457 CIVIL TERM IN CUSTODY PRE-CUSTODY TRIAL MEMORANDUM This case involves the custody of Zachary Lee Mattesky, age 3 years, born 8/19/94. The child was born to the parties to this action, Kimberly A. Mattesky and Robert L. Mattesky. The parties resided at 315 Shed Road, Newville, PA., which was a home that the mother had purchased prior to the parties' marriage. Mother has a child from a different relationship, Amanda Lynn Morrison, born 7/10/90 age 7 years, who also resided with the parties at this location.. From Zachary's birth until the parties' separation on 3/14/98, the primary care taker for both Zachary and Amanda was the mother, Kimberly. The father, Robert, had very little interest in the young children and would often times refuse to care for his son and step daughter on Saturdays when the mother had to work at her job as a bank employee, as well as other occassions. On those occasions, the mother would have to make arrangements for a babysitter to watch the children or arrange to drop the children off at a friend or relatives home. As the marital difficulties increased between the parties, there were discussions about the father moving from the home. At that point in time, the mother was under the impression from comments made by the father, that he anticipated spending alternate weekends with his son, as well as other times during week days and after his working hours. Father never once discussed with the mother, his intention to remove his son from the home that he had been raised in with his mother and sister. On the date of the separation, the mother came home from work to find that father had removed the son's clothing and furnishings, as well as the child. Prior to this point, the parties had extensive discussions about the furnishings and other belongings that the father was taking from the home, but he never disclosed his intention to take the parties' son. II. WITNESSES: Kimberly Mattesky: Kimberly will testify as to her being the primary care taker for both Zachary and his sister, Amanda. She will testify as to the activities that she undertook in reference to cooking, cleaning, washing, feeding, diapering, et cetera. She will testify as to the father's lack of participation in these activities. She will testify as to the father's temper and his inability to deal with young children. She will state that the father belittled and humiliated the daughter Amanda on many occasions. In addition to verbally abusing Amanda, he also, on occasion, would strike her.' She will testify that the father, in addition to showing lack of interest in caring for Zachary's needs, would verbally abuse the child and strike him on occasions. Finally, she will testify to the father's lack of interest in the welfare of the child by his decision to remove the child from the home and from the day care setting where he was safe and _ i- secure and had a playmate that he was close to. Laura Messner: Laura was a friend to both parties and visited on many occasions at the parties' home. She will testify that she personally observed the interaction and care provided by the mother and the lack of same by the father. She will testify to incidents when she saw the father become verbally abusive, as well as physically abusive, to his son. She will testify as to her observations that the children appeared to be in fear of the father. Laura has scheduled a vacation for the time that the custody hearing is set and her testimony will be taken at a later hearing or via deposition. Shirley Pokrowka: Shirley is the maternal grandparent of Zachary and Amanda. She also on numerous occasions spent time at the home and observed both parents with the children. Her testimony will be similar to that of the mother and Laura Messner. Deb Ickes: Mrs. Ickes was the day care provider. She will testify as to which parent she had contact with in reference to Zachary's care as well as to his relationship with her son. Respectfully Submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire I. D. #28351 17 West South Street Carlisle, Pennsylvania 17013 717-249-6873 DEAR KIM, MARCH 149 1998 AFTER YOUR CONTINUOUS REQUESTS FOR ME TO MOVE OUT OF OUR HOME, I HAVE DONE AS YOU ASKED ME TO DO. I HAVE TRIED TO WORK THINGS OUT WITH YOU, BUT YOU HAVE MADE IT VERY CLEAR TO ME THE ONLY THING THAT WILL MAKE YOU HAPPY IS ME MOVING, SO THIS IS WHAT I RAVE DONE. AFTER FILING FOR LEGAL CUSTODY I HAVE TAKEN ZACHERY WITH ME. I HAVE MADE THIS MOVE AT THE ADVICE OF MY LAWYER, REBECCA HUGHES, WHO RAS INFORMED ME I AM WELL WITHIN MY LEGAL RIGHTS AS ZACHERY'S FATHER TO DO 30. I ARRIVED AT THIS DECISION AFTER CONCLUDING THAT OUR MARRIAGE IS A FAILURE AND IS IRREPAIRABLE. I WILL CONTACT YOU IN A FEW DAYS ABOUT VISITATION. ANY QUESTIONS YOU MIGHT HAVE WILL BE ANSWERED BY REBECCA HUGHES. SINCERELY, REBECCA HUGHES ESQ. 2492353 CCt REBECCA HUGHES ROB MATTESKY KIM MATTESKY n ? 4L /rz ALSOt 1. I CANCELLED PRIME STAR. THEY ARE PAID IN FULL. THEY WILL BE COMING TO THE HOUSE TO PICK UP NUIPMENT ON MARCH 21, 1998. 2. 360 COMMUNICATION-PAID IN FULL P ROBERT L. MATTESKY, Plaintiff V. KIMBERLY A. MATTESKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY., PENNSYLVANIA NO. 98-1457 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 15th day of June, 1998, after hearing, the Court enters the following order with regard to the custody of Zachary L. Mattesky, age 3, born 8/19/94: 1. Mother and father shall have joint legal custody of the minor child. 2. Mother and father shall share physical custody of the minor child on an alternating weekly basis with the change in custody to occur on Sunday evening at 7:00 p.m. Provided, however, that if father does not have normal custody on Father's Day, the change of custody shall occur at noon on that day. Likewise, if Mother does not have custody on Mother's Day, the change in custody shall occur at noon on that date. Other holidays are to be worked out between the parties. 3. The party receiving custody shall provide the transportation of the child, and the parties agree to cooperate in transferring the personal belongings necessary for the care of the child at the time of the custody exchange. 4. The parties will keep each other advised immediately with regard to any emergency concerning the child and shall further take any necessary steps to ensure that the health and welfare and well-being of the child is protected. 5. Both parties shall have reasonable telephone contact with the child during periods when the other parent is v exercising physical custody. 6. The parties agree that in the event that either party needs a child care provider during their period of custody other than work hours, that the non-custodial parent shall be given the first opportunity to care for the child during the custodial parent's absence. 7. The child shall continue to attend the Trinity day care facility in Walnut Bottom, Pennsylvania. Father shall pay for said day care provider. By the Court, 0,04 Edward E. Guido, J. Daniel W. DeArment, Esquire For the Plaintiff Robert L. O'Brien, Esquire ?6•a'. For the Defendant : lfh rlLF.D-orr;,F 0;' ?l;" i' "?rl r Tiay cuv, COMMONWEALTH OF PENNSYLVANIA NINTH JUDICIAL DISTRICT CUMSERLANO COUNTY EDWARD E. GUIDO JUDGE April 3, 2002 Shirley A. Pokrowka 306 Old Stonehouse Road Carlisle, Pa. 17013 Dear Mrs. Pokrowka: copy COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013.3387 (717) 240.6290 FAX (717) 240.6462 I am writing to advise, because I was the Judge involved in this civil case I am unable to communicate with any parties. Any communication will have to be done through the attorneys. Therefore, I am returning your letter. EEG/sld Sincere I Ed Guido BROUJOS,I& GILROY, P. C. APR1 A Y' R • ?4 NORTH HANOV" BT0 i < A, ?. CARLISLV, PmmyLV 17018 l , 'ts'?r , • ., •?,, ', 717.24"74'" 7t11?1tNib L.:r. Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY A. MATTESKY, : NO. 98-1457 CIVIL TERM Defendant 0It DEIt AND NOW, this 10 day ol'April, 2002, it is ordered and directed that Father deliver Child to attend the picture-taking event at or about 1:15 pm on Saturday, April 20, 2002 at the Little League field in Newvi RY 16 ti, 3r{ `wa(Z Z 6U ? OS 13Y THE COURT: J. v1? c:. gyp, 9 ?? t.A .- y A Q_ I n'uD-:,p I G' p? D,f'R l tl Ao 111 z?? ;;' G? UPS CUAi1P`iliJ ROBERT L. MAT'1'ESKV, Plaintiff V. KIMBERLY A. MAT PESKY, Defendant : IN'I'IIF. COURTOF COMMON PLEAS OF : CUNIDULAND COUNTY, PENNSYLVANIA NO, 98.1457 CIVIL TERM CUSTODY PETITION FOR SPECIAL ItEL1EF TO CIIILD TO ATTEND LITTLE LEAGUE BASEIIALL TEAM PICTURE-TAKING Petitioner Kimberly A. Anderson, through her attorney John 11. Broujos of Broujos & Gilroy, P.C. sets forth the following: Mother and Father altemate shared weekly physical custody from Sunday 7 pm to Sunday 7 pin. 2. Child is seven years ofage. In Minch of 2002 he became enrolled in a sanctioned Newville Little League program limr children 6 to 15. 3. Since March he has participated in the baseball program twice a week every other week at the field in the Little League complex, generally in the outfield, during his shared custody period with Mother. 4. He enjoys the program and has struck up friendships with the other players. He has a sister playing in the same program, whom Child admires very much. 5. He has missed no practices during custody periods with Mother. 6. The first game is Saturday, April 20, at which time a team picture will be taken at 1:15 pm, with an opening ceremony at 9:30 am at the field next to the American Legion. Father has refused to permit the child to participate in the program during Father's periods of custody. Little League officials have kindly accommodated this arrangement with the I.eaguc playing schedule, without prejudicing Child in his PT (playing time). 8. Child would like very much to have his picture taken with the team, which Father has refused. Mother has been unsuccessful in her appeal to Father to permit the picture. 9. Attorney for Mother has consulted with attorney for Father, Mark Schwartz (who is in the process of leaving today his firm for a private position), who knows the circumstances and who will be available at his office with Irwin, McKnight, & Hughes to advise the position of his client, who will not be present because of his employment. 10. Mother submits this petition to the Court, requesting that Father be directed to permit Child to attend the picture-taking ceremony at 1:15 pm. hn H. Broujos, EsquRc #6268 B S & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574; FAX 717/243-8227 April 19, 2002 I verify that the statements made in this pleading are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: 4.19.2002 ?? APA14 6. Name c•i uJn c. ': :r , : Ui;` OI "iq J cl? (.: c C:.. :L1iL U C U Grr%vO qn? i cAppy, refill r.?al? r?Gll, Y'c G?l ('c:c?l?y? r I1? retell ? r?a?ly? ?eall,rl really, r??l/y? ??? ,y? Iy) V-? Gl rya ?1y coU?d SPA" ?? ? rn -I S. ? y ©v, , wr-{ PLAINTIFF'S j I EXHIBIT 1 ? '?? ?r 1YF l? }tr ? r ? ? L??B.iwn 6..4,(r,._..??^,y.._ '. '' ?'yu t •}?• .-?i ? ( ? ?: ?kt 1Y{ r ? l! HIV lhrr eli?. 5 +1 N 1?? i 'iM ,.1.1 1 F.r? rw .:pl •ii Y?1 n i It j 1 - i ti3 r r ?y.? hl ` ? ` t i ti?,d 13 • L I • ?'-',t, _ "fit I P. .f , 1 }YL ? ;? Y 1 I +hk1¢ 1 1 l 4 1 r AtY` I V,°?- 1 < , +1 v 4 ..aM1V-In ?ar t?l?.+?rl r?. ??'S" i, j u .l? ?''?t• + ? ': .s lE,??,?? ? ? ti.i??? /w „r.. M' ? Min ? -1 41 '?r - ? 1 1 DD 1 r FT l ` ?. • ? ,(L? 1r ?tYj.??F,?? M -T?°vY ?M?ti l` u . ? d v 'w "y,???°,, ? ? ,Y i Ate `3 dy t Y gyp( i •e1n° 1 , I i Jam' ?' I 4 v + , i i k i1 •-' f f 1ii? I Fjfr. C f 1 rf ;Y'' j 1 3 tI ?_ I r, i ffY ? T r j7 4AU i I t 1 . 1 i 1 i 4t?;r :i awl ` INK, ROBERT L. MATTESKY, Plaintiff V. KIMBERLY A. MATTESKY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 98 - 1457 CIVIL. TERM IN CUSTODY PETITION FOR SPECIAL RELIEF 1. Plaintiff/Petitioner is Robert L. Mattesky, (hereinafter referred to as "Father") who currently resides at 3 Antler Court, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant/Respondent is Kimberly A. Anderson, formerly known as Kimberly A. Mattesky, (hereinafter referred to as "Mother"). who currently resides at 24 North High St., Newville, Cumberland County, Pennsylvania, 17241. ?. Mother and Father are natural parents of the following child: Zachary Lee Matesky, born August 19, 1994. 4. A custody Order regarding the child was entered on June 15, 1998 before this I lonorable Court. A copy of the custody Order is attached as Exhibit A. 5. The June 15, 1998 custody Order provides that Mother and Father shall have shared legal custody and equally shared physical custody, on a week on, week off basis. 6. The parties have maintained equally shared physical custody on a week on, week off basis, from 1998 through September 2008. 7. The week of September 28, 2008 was the last time that Father had the child for a full week. 8. On October 3, 2008, Father was contacted by Children and Youth Services. They indicated that an investigation was opened regarding an incident which allegedly occurred between Father and son in May 2008. 9. After Father was notified of the investigation, he voluntarily agreed to forego his week long periods of physical custody on a temporary basis. 10. On or about October 10, 2008, Father was notified by Children and Youth that the allegations of abuse were unfounded. The Children and Youth case was closed. 11. On October 28, Father received a letter from Children and Youth confirming the allegations of abuse were unfounded. 12. On November 2, 2008, at 7:00 p.m. Father went to Mother's house to pick up the child and resume his regular week long period of physical custody. Father knocked on the door of Mother's house and indicated he was there to pick up the child. Mother responded, "he doesn't want to go with you." 13. November 2, 2008, after Father indicated to Mother that she could be found in contempt of the court Order, Mother said, "do what you have to do." 14. On November 2, 2008, Father contacted the State Police and asked for their assistance. They appeared at Mother's residence. After a discussion, the parties agreed that the child would go with Father on November 9, 2008. 15. Father did have a period of partial custody with the child on November 9, 2008, which lasted approximately six (6) hours. 16. Father has not had any overnights with the child since September 28, 2008. 17. Mother has filed a petition for modification of child support and requested an increase of support based on the change in custody arrangements. 18. To Father's knowledge, Mother has not tiled a petition to modify custody, from the equally shared physical custody designated in the June 15, 1998 Order. Mother has unilaterally changed the custody arrangements. Father does not agree with these changes. 19. Since November 2, 2008, Father has repeatedly requested that Mother return the child to him, for his period of physical custody, in accordance with the current custody Order. 20. Since November 2, 2008, Mother has repeatedly indicated to Father that she does not intend on abiding by the current court order, which was entered on June 15, 1998, and which was observed by the parties for a period often years. 21. Father is requesting the following: a. An Order directing that Mother shall obey the current custody Order and that she shall provide Father with his week long periods of physical custody with the child, Zachary Lee Mattesky, as provided by the June 15, 1998 court Order. b. An Order directing that Mother should reimburse Father for additional costs and legal expenses which he has incurred due to Mother's direct repeated and intentional violation of the custody Order. c. Provision for substantial make-up periods of physical custody with the child, as Father has not had an overnight with the child for a period of over one month due primarily to Mother's refusal to abide by the custody Order. d. Any other relief that this Honorable Court may deem appropriate, including a finding of Contempt. 22. The prior Order was signed by Judge Guido. 23. It is assumed that Mother does not agree with the relief requested. WHEREFORE, Plaintiff requests this Honorable Court enter an Order directly that the child shall be immediately returned to Father in accordance with the current custody Order as well as provide any other such relief as this Court may deem appropriate. Respectfully submitted, Date: rWSouth s, Esquire 9465 St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER ROBERT MATTESKY ROBERT L. MATTESKY, Plaintiff V. KIMBERLY A. MATTESKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1457 CIVIL TERM IN RE: CUSTODY ORDER..-OF COURT AND NOW, this 15th day of June, 1998, after hearing, the Court enters the following order with regard to the custody -of Zachary L. Mattesky, age-3, . born 8/19/94* 1. Mother and father shall have joint legal custody of the minor child. 2. Mother and father shall share physical custody of the minor child on an alternating weekly basis with the change in custody to occur on Sunday evening at 7:00 p.m. Provided, however, that if father does not have normal custody on Father's Day, the change of custody shall occur at noon on that day. Likewise, if Mother does not have custody on Mother's Day, the change in custody shall occur at noon on that date. Other holidays are to be worked out between the parties. r 3. The party receiving custody shall provide the transportation of the child, and the parties agree to cooperate in transferring the personal belongings necessary for the care of the child at the time of the custody exchange. 4. The parties will keep each other advised immediately with regard to any emergency concerning the child and shall further take any necessary steps to ensure that the health and welfare and well-being of the child is protected. 5. Both parties shall have reasonable telephone contact with the child during periods when the other parent is CSC kA ? ?T PF exercising physical custody. 6. The parties agree that in the event that either party needs a child care provider during their period of custody other than work hours, that the non-custodial parent shall be given the first opportunity to care for the child during the custodial parent's absence. 7. The child shall continue to attend the Trinity day care facility in Walnut Bottom, Pennsylvania. Father shall pay for said day care provider. By the Court, Edward E. Guido, J. Daniel W. DeArment, Esquire For the Plaintiff Robert L. O'Brien, Esquire For. the Defendant : lfh TRUE C"F-Y FROM RECORD In Testirn .. ' hi !.-Io set my hand and the sal, el tlz 'J at Car lisle, Pa. This ...al.^ day of ... !.., 19.l. ...................?c??? ??cK ..!!:?.....,F i.Ci :.......? Prothonotary 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. §4904 relating to unsworn falsification to authorities. Date: ( 1 ! Robert L. Mattesky, Petition 4 -- s t.?1 w. J r . ROBERT L. MATTESKY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY MATTESKY NO. 1998 -1457 CIVIL TERM ORDER OF COURT AND NOW, this 17TH day of NOVEMBER, 2008, the attached "Petition for Special Relief' is in fact a contempt petition and shall be referred to conciliation pursuant to local rule. Jane Adams, Esquire /mberly A. Mattesky :sld co M t L-EcL Edward E. Guido, J. !` Y." •E IN L I AON 8001 ViGNO"AOIL"d 3HI J4 30,1A40-33JI3 ROBERT L. MATTESKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1998-1457 CIVIL ACTION LAW KIMBERLY MATTESKY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, November 21, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 12, 2008 at 9:30 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gyro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 O?M' /,?-= '46/7 ,o4w r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ROBERT L. MATTESKY , Civil Action At Law-Custody Plaintiff/Respondent, Case No. 98-1487 VS. KIMBERLY A. ANDERSON fk.a. KIMBERLY A. MATTESKY, Defendant/Petition PETITION TO MODIFY CHILD CUSTODY ORDER 1. Petitioner, is Kimberly A. Anderson, formerly known as Kimberly A. Mattesky, who currently resides at 24 North High Street, Newville, 17241, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Respondent is Robert L. Mattesky, who currently resides at 3 Antler Court, Shippensburg, 17257 in the County of Cumberland, Commonwealth of Pennsylvania. 3. On the 15th day of June 1998 a Court Order for custody was entered which granted Shared Physical Custody of the child, Zachery L. Mattesky, to the Plaintiff and Defendant respectively. 4. Since the entry of said Order, there has been a significant change in circumstances for the following reasons as hereinafter outlined. (a) Petitioner mother since on or around October 5th, 2008 has had Primary Physical Custody of the minor child. (b) The minor child has intimated to the mother that the father has physically struck the child on two separate occasions the consequence of which has instilled in the child a sense of fear and apprehension relative to his interactions with his father. (c) The child is fearful that continued custody on a Joint Physical arrangement may increase the likelihood of his exposure to continued physical abuse. (d) The child no longer wishes to continue the Joint Custodial custody exchanges for the reasons in the aforementioned. 5. The best interest of the child will be served by the Court in modifying said Order for the aforementioned reasons. WHEREFORE, Petitioner prays this Court to allow the modification of the partial custody Order to grant petitioner mother Primary Physical Custody of the child. VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. 4904 relating to unsworn falsification to authorities. Date la hk Kimberly A. Anderson, Petitioner ROBERT L. MATTESKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1998-1457 CIVIL ACTION LAW KIMBERLY A. ANDERSON F/K/A KIMBERLY A. MATTESKY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, December 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 12, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4v ?;v VWAW4N3d ??I t, -1 zI :1 Nd S- 330 Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ROBERT L. MATTESKY, Plaintiff/Respondent, VS. KIMBERLY A. ANDERSON f.k.a. KIMBERLY A. MATTESKY, Defendant/Petition Civil Action At Law-Custody Case No. 98-44W A/l _7 STIPIII,ATION FOR F.NTRY OF AN AGRFFn ORnFR OF C1jSTOT)Y THIS STIPU ATION AND AGREEMENT entered into this _ _ day of 2008, by and between KIMBERLY A. ANDERSON, (hereinafter referred to as ("Mother") and ROBERT L. MATTESKY, (hereinafter refereed to as " Father") relating to the custody ofZACHERY L. MATTESKY, hereinafter referred to as "Child". NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following child, known by ZACHERY L. MATTESKY (hereinafter referred to as"Child"), and WHEREAS, the parties wish to enter into an agreement, relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set t6rth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. 1. The Mother, shall have SOLE PHYSICAL CUSTODY of the child. 2. The Mother shall have SOLE LEGAL CUSTODY of the child. 3. Father shall have periods of Custody as the parties may agree. 4. Mother shall have custody at all other days and times that the child is not in the custody of father as enumerated above. 5. All holidays including but not by way of limitation, Christmas, Easter, Thanksgiving, Fourth of July, Labor Day, Memorial Day shall be determined as the parties may agree. 6. Mother shall be entitled to take the dependency exemption every year until the child reaches the age of majority. 7. Mother shall file a petition to terminate child support as it relates to the defendant father and shall waive any ft?ture claims for child support until the child reaches the age of majority. 8. The party receiving custody of the child shall provide transportation relative to the custody exchanges. (a) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terns, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (b) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time after consent has been given and insist that the teens, conditions, and restrictions contained within this agreement as to periods of custody be enforced as they are presented within the agreement. (c) 'The parties memorialize their acceptance of this agreement, and intending to be legally bound by the terms of this agreement affix their signatures hereunder. Dated:Yr GREGORY S. HAZLETT ATTORAI:EY AT LAW 7c fy Esquire t Mai Street anicsburg, PA. 17055 Phone: (717) 790-550 " I? IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth -heir hands and seals the day and year herein set forth. r Kimberly A. Anderson COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : s.s BE IT REMEMBERED, that on this j-P day of, bQCQylkjQ r , 2008 personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Kimberly A. Anderson, party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid COMMONWEALTH OF PENNSYLVANIA Notarial Seal Judie M. Good, Notary Public Carlisle Boro, C4AT&rland ei, 1 My CommissionE?i Notary Public Member, Pennsylvania Asseciation of Notaries IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set tort ieir hands and se Is the day and year herein set forth. Robert L. Mattes y COMMONWEALTH OF PENNSYLVANIA : S.S. COUNTY OF CUMBERLAND BE IT REMEMBERED, that on this day of, 2008, personally appeared oj'?7- before me the Subscriber, a Notary Public for the State and County aforesaid, Robert L. Mattesky, party to this Agreement, known to me personally to be such, and he acknowledged the act of signing this Agreement Sworn to and subscribed before me the day, month and year aforesaid n av?4? NOTARIAL SEAL qotar?y Public JANE ADAMS Notary Public CARLISLE BORO., CUMBERLAND COUNTY My Conpnission Expiraa Sap 6.2012 r„ z r b ? ?wwwwMe»+?a.rw.+o-n ,.e*-.?w-'s: ?+?+aw,..o-ww+? '? ic° .kiF+1 I'. $ ti 3 DEC 2 3 rwdC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ROBERT L. MATTESKY, Civil Action At Law-Custody Plaintiff/Respondent, Case No. 98-448q- 9?IS'7 VS. KIMBERLY A. ANDERSON f.k.a. KIMBERLY A. MATTESKY, Defendant/Petition ORDER OF COURT AND NOW, this day of bwceo? , 2008, upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, executed by and between Kimberly A. Anderson (F.K.A. Kimberly A. Mattesky,) (hereinafter referred to as Mother) and Robert L. Mattesky, (hereinafter referred to as Father) relative to the custody of the children: ZACHERY L. MATTESKY, (hereinafter referred to as child) IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Orders 1. The Mother, shall have SOLE PHYSICAL CUSTODY of the child. 2. The Mother shall have SOLE LEGAL CUSTODY of the child. 3. Father shall have periods of Custody as the parties may agree. 4. Mother shall have custody at all other days and times that the child is not in the custody of father as enumerated above. 5. All holidays including but not by way of limitation, Christmas, Easter, Thanksgiving, Fourth of July, Labor Day, Memorial Day shall be determined as the parties may agree. 6. Mother shall be entitled to take the dependency exemption every year until the child reaches the age of majority. 7. Mother shall file a petition to terminate child support as it relates to the defendant father and shall waive any future claims for child support until the child reaches the age of majority. 8. The party receiving custody of the child shall provide transportation relative to the custody exchanges. (a) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (b) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time after consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be enforced as they are presented within the agreement. (c) The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written is executed by and between the parties. (d) The parties accept this agreement in lieu of their appearance before the court for the presentation of this stipulation and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and should either party desire further or require further modification of said Order. T i n \\ 00D? 7??z LT' (N i S L W C '+ v CC"i JAN 0'8 2009 4 ROBERT L. MATTESKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KIMBERLY A. ANDERSON F/K/A KIMBERLY A. MATTESKY, NO. 1998-1457 Defendant IN CUSTODY ORDER AND NOW, this ` day of January, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. ??4:1 Hubert X. G' oy, Esquire Custody C ciliator NJ co