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HomeMy WebLinkAbout03-1511MELISSA SUE MATHNA THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03- l?`( CIVIL TERM TODD EUGENE MATHNA Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Melissa Sue Mathna, whose current residence is 22 East Street, Apt. 5, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. The defendant is Todd Eugene Mathna, whose residence is unknown to plaintiff. To the best of the plaintiff's knowledge the defendant is residing in Pennsylvania. 3. The plaintiff seeks custody of the following children: Name Permanent Residence Date of Birth Caleb Lee Mathna 22 East Street, Apt. 5 Mt. Holly Springs, PA 17055 Brandon Richard Mathna 22 East Street, Apt. 5 Mt. Holly Springs, PA 17055 The children were born during wedlock. 6-28-93 2-26-95 The children are presently in the custody of the plaintiff whose current residence is 22 East Street, Apt. 5, Mount Holly Springs, Pennsylvania. During the children's lifetimes, they have resided with the following persons and at the following addresses: Name Address Date Caleb, Brandon, 2797 Sulpher Springs Rd. 1998-Aug 20,2000* Ashlee, half sister, Morristown TN orDecember9, 2000** Plaintiff, Defendant Defendant took 1556 Rachael Dr. Aug. 20, 2002-* Caleb Eufaula AL June 9, 2001 Brandon, Plaintiff, 330 Main St. Dec. 9, 2000-** and Ashlee Bernville PA June9,2001 Brandon, Caleb, Eufaula AL June 9, 2001- Defendant (above) July 7, 2001 Brandon, Caleb, 417 Mt. Zion Rd. July 2001- Ashlee, Plaintiff, Carlisle PA October 2001 Susan and Bill Stone, maternal grandparents Brandon, Caleb, 22 East St. Apt. 5 October 2001- Ashlee and Plaintiff Mt. Holly Springs PA June 2002 Brandon, Caleb, 42 Maple Lane June 2002- Defendant, Shermansdale PA August 2002 Joy Beitler, Defendant's fiance Brandon, Caleb, 22 East St., Apt. 5 August 2002- Ashlee, Plaintiff Mount Holly Springs present The mother of the children is Melissa Sue Mathna, whose current residence is 22 East St. Apt. 5, Mt. Holly Springs, Pennsylvania. 17065. The mother is single. The father of the children is Todd Eugene Mathna, whose current residence is not known to the plaintiff. On or about March 6, 2003, the father told the mother that he lived in the woods in a camper. To the best of the mother's knowledge, he is in Pennsylvania. The father is single. 4. The relationship of the plaintiff to the children is that of mother. The plaintiff currently resides with her three children: Ashlee, Brandon, and Caleb. 5. The relationship of the defendant to Brandon and Caleb is that of father. To the best of the mother's knowledge, the father currently resides with Joy Beitler, the father's fiance. 6. The plaintiff and the defendant participated as parties in a Divorce action that included Custody. The case was captioned Melissa Sue Mathna vs Todd Eugene Mathna, in the Chancery Court for Hamblen County, Tennessee, Case number: 2000-672. A copy of the Permanent Parenting Plan that was adopted and approved as a Court Order on August 28, 2001 is attached as exhibit A and incorporated herein by reference. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to, the following: a) The plaintiff/mother has been active in the care and nurturing of the children since their births, including providing for their physical, educational, medical, emotional, and spiritual well being. b) The father has not acted in the best interest of the children in ways including but not limited to the following: i) The father consistently refuses to authorize medically necessary treatment, including medication recommended for Brandon by his psychiatrist, Jose L. Montaner, M.D., who is part of the child's treatment team that includes therapists from Northwestern Human Services Stevens Center who come to the home for ten hours weekly to work with Brandon and the family, and the emotional support team who works with Brandon at school. The father tells the mother that she will "burn in hell" for getting the child psychiatric treatment including giving him any prescribed medication. The father refuses to accept the diagnoses of the psychiatrists who have treated Brandon. ii) The current custody order grants the father joint legal custody and the father's refusal to cooperate with the child's treatment team is adversely affecting the child's quality of life and putting the child at risk of harm. Specifically, in December 2002, in spite of being informed by Dr. Montaner that Brandon needed to take Lithium Carbonate and that any changes or discontinuation of medications needed to be addresses with his treating physician, the father refused to give the child the medication when he had the children over the Christmas holiday from school causing the child to regress. Plaintiff's copy of letter sent to both parents by Dr. Montaner is attached as Exhibit B and incorporated by reference. iii) In February 2003 Brandon was hospitalized voluntarily at Philhaven for approximately one week after exhibiting behavior that involved potential harm to himself or others. After a trial period without medications for Brandon, in March 2003 Doctor Montaner determined that it is medically necessary that medications trial be restarted to assist Brandon with attention span, impulsivity, and to diminish aggressive behavior. Letter to the mother from Dr. Martiner is attached as Exhibit C and incorporated by reference. Letter from school counselor to Dr. Montaner is attached as Exhibit D and incorporated by reference. iv) The father does not have accommodations to have the children in his custody. He told the mother in late December 2002 that he was being evicted from his residence in Shermansdale, Pennsylvania, and on or about March 6, 2003, told the mother that he had four days to leave his residence and that he was going to live in a camper in the woods, and that he could not afford housing. The father's phone number has been disconnected and he has not contacted the mother. V) In the past the father has kept the children away from the mother for several weeks at a time concealing their whereabouts from her and refusing to provide her any access to them including by phone. The mother does not know where the father currently resides which exacerbates her fear that if the children go with him pursuant to the Tennessee Order, she will lose contact with the children. Additionally, she fears that Brandon will be at risk of serious harm because of the father's consistent refusal to get him treatment including administering him prescribed medications. vi) Since the summer of 2002, after the father moved to Pennsylvania, he refused to agree to any deviation from the Tennessee Court Order that was entered when the parties lived too far apart to drive to see the children on a regular basis. He refused to let the mother see the children during the summer, and he did not ask to see the children during the school year. C) The mother has concerns regarding the father's treatment of the children when he has them with him; including, but not limited to, the following: i) Locking Brandon in his room at night, giving him nightly doses of Nyquil medication so that he sleeps, and force-feeding him. Controlling and threatening the children causing them to exhibit hostile and angry behavior when they return from any time with the father. d) The mother is the parent best able to facilitate contact with the other parent. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant primary physical and legal custody of the children to her and supervised visitation in the father at the YWCA or with a supervisor agreed to by the parties. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Joan Carey Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Plaintiff, Melissa Sue Mathna, verifies that the statements made in the above Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 3-3 -0 3 , Me 'ssa S Mathna, laintiff 3 COPY IN THE CHANCERY COURT FOR HAMBLEN COUNTY, TENNESSEE MELISSA SUE MATHNA, Case No. 2000-672 PARENT * Parenting Plan: VS. * Proposed Plan * Final Plan X * TODD EUGENE MATHNA, PARENT PERMANENT PARENTING PLAN This Plan is Ordered by the court on the day of , 20_. _X_ is a part of the Marital Dissolution Agreement modifies an existing Parenting Plan or prior Court Order, dated the day of , 20_. Children: Name: Birth Date: Caleb Lee Mathna 6-28-93 Brandon Richard Mathna 2-26-95 I. RESIDENTIAL SHARING SCHEDULE The schzdule below sets out which parent has responsibility for the child(ren) during the week, weekends, holidays and vacations. A. Day to Day Schedule: The _X_ Mother Father will have responsibility for the care of the child(ren) except the following times and days when the other parent shall have responsibility for the care of the child(ren): j8n3 Time) (Day/Time) Every Week Other Week en and from: Week Every Other Week Other: (1) any period the children are out of school for five (5) consecutive days; and (2) reasonable time with the children in the town of mother's residence upon prior reasonable notice. CA&f A B. SCHEDULE OF HOLIDAYS RELEVANT TO YOUR FAMILY, SCHOOL SCHEDULE OR SPECIAL OCCASIONS Indicate when child(ren) will be with each parent. (In ODD numbered years, EVEN numbered years or EVERY year.) Mother Father Martin Luther King Day President's Day Easter Passover Mother's Day Memorial Day (if no school) Father's Day July 4th Labor Day Thanksgiving Day & Friday Child(ren)'s Birthdays Other school-free days Mother's Birthday Father's Birthday Other: A holiday shall begin at 6:00 p.m. on the night preceding the holiday and end at 6:00 p.m. the night of the holiday unless otherwise noted: C. SCHEDULE FOR WINTER HOLIDAY VACATION. The _X_ Mother Father shall have the child(ren) in even years from the day school is dismissed at _.m. until December 25 at 2:00 p.m. The other parent will have the child(ren) from December 25 at _2.00 p.m. until 6:00 p.m. on the evening before school resumes. OR as agreed upon by the parents as follows: D. SCHEDULE FOR SPRING VACATION. The Mother and Father shall share or alternate Spring Break as follows: Father shall have the children during Spring Break if they are out of school for at least 5 days. BEGINNING: E. SUMMER SCHEDULE: during the sum t for the following days and tij :1116 a other parent will be responsible for the care o as school year schedule Z?wo Other: Father shall have the children each year from 48 hours after school is dismissed for summer until 48 hours before school resumes in the fall. F. TRANSPORTATION ARRANGEMENTS: Transportation arrangements for the child(ren), between parents shall be as follows: Long distance transportation costs [If applicable]: The parties shall meet in Morristown, TN to exchange the children. G. OTHER: The following special provisions apply to the schedules or residential considerations of the child(ren): II. DECISION MAKING A. DAY TO DAY DECISIONS: Each parent shall make decisions regarding the day-to-day care and control of each child while the child is residing with that parent. Regardless of the allocation of decision making in this parenting plan, either parent may make emergency decisions affecting the health or safety of the children. B. CHILD NUTURE: Mother and Father will behave with respect to each other and the child(ren) so as to provide a loving, stable, consistent and nurturing relationship with the child(ren) even though they, themselves, are being divorced. Mother and Father agree they will not speak badly of each other or the members of the family of the other parent. They will encourage the child to continue to love the other parent and be comfortable in both new families. C. MAJOR DECISIONS Major decisions regarding each child shall be mad e as follows: Education decisions Mother Father _X Joint Non-emergency health care Mother Father -X _ Joint Religious upbringing Mother Father Joint Extracurricular activities Mother Father Joint Mother Father Joint Mother Father Joint D. PRIVATE SCHOOL AND COLLEGE [Optional]: The parties agree as follows regarding private school [elementary and high school] and college or vocational training after high school: N/A [If parents wish to include a detailed list of the plans for special or private schooling, they may attach a separate sheet.] II. FINANCIAL SUPPORT FOR CHILD(REN) A. CHILD SUPPORT PER TENNESSEE GUIDELINES OR DEVIATIONS* The Mother _X_ Father will pay child support, in accordance with the Tennessee Child Support Guidelines, in the amount of $10.00 per _X_ week month, twice per month (semi-monthly), or every two weeks (bi- weekly), plus $ as 5% Clerks fee [if applicable] for a total amount of $ beginning Deviations: This support shall be paid: Directly to the other parent. To the Central Child Support Receipting Unit, P. O. Box 305200, Nashville TN, 37229, and sent to the other parent. Address: Direct Deposit to the other Parent at Bank By Wage Assignment The parties affirmatively acknowledge that Court approval must be obtained before child support can be reduced or modified, unless such payments are automatically reduced or terminated under the terms of the Parenting Plan. *Attach sworn statement of income if this is a Proposed Plan. B. TAX DEDUCTION The Mother _X Father shall receive the tax deduction for the Caleb Lee, [so long as the child support is current on the 151h day of January of each year] in alternate years starting _X each year Other: Mother shall receive the tax deduction for Brandon. When only one child can be claimed as a dependent, they shall alternate claiming such child. C. TAX RETURN NOTICE The parent(s) paying child support shall send to the other parent by or before April 15 of every year [or August 15, if an extension is sought], a copy of their respective W-2(s), 1099(s) and first two pages of their tax return. D. HEALTH INSURANCE The Mother Father will maintain medical/ hospital insurance on the minor child(ren) and he/she shall provide proof of continuing coverage annually. Uncovered medical expenses, which include deductibles or copayments, eyeglasses, prescriptions, contact lenses, routine annual physicals, will be paid by Mother or Father _X Divided equally by the parties. Other: If the children become ineligible for Pennsylvania Medical Assistance, Mother shall provide: insurance if available through her employer; and Father shall reimburse her one-half of the cost of such insurance for the children. (This may also include a provision for counseling.) After insurance has paid its portion, the parent receiving the bill will send the bill to the other parent within 10 days. The other parent will pay his/her share within 30 days of receipt of the bill. E. LIFE INSURANCE [OPTIONAL FOR PARENT NOT PAYING CHILD SUPPORT] N/A Father shall insure his own life in the minimum amount of $ , whole or term. Mother shall insure her own life in the minimum amount of $ , whole or term. The policy(ies) shall name the other parent OR other parent as TRUSTEE of the funds to serve without bond or accounting, as beneficiary for the support of the child(ren) OR Other: F. DENTAL/ ORTHODONTIC CARE If available to either parent through their work, the Mother Father will maintain dental/ orthodontic care on the minor child(ren). Uncovered dental/ orthodontic expenses will be paid by: Mother - Father OR _X Divided equally by the parties. IV. DESIGNATION SOLELY FOR STATE AND FEDERt'.L STATUTES: The child(ren) named in this Parenting Plan are scheduled to reside the majority of the time with the _X_ Mother Father. SOLELY for the purposes of any other state and federal statutes which require a designation or determination of parental responsibility, this parent is designed the "Custodian of the Child". If the parents are joint decision makers as listed in Section II, for purposes of obtaining health or other insurance, they shall be considered "joint custodians". THIS DESIGNATION SHALL NOT AFFECT EITHER PARENT'S RIGHTS AND RESPONSIBILITIES UNDER THIS PARENTING PLAN. V. DISAGREEMENTS ABOUT JOINT DECISIONS OR MODIFICATIONS OF PLAN Should a disagreement arise about the Parenting Plan or the parties wish to modify the plan, the parties shall make a good faith effort to resolve the issue through the dispute resolution process, before returning to court. Unless a limiting factor listed in T.C.A. 36-6-406 precludes a dispute resolution process prior to court action, or an emergency court action is necessary to protect the welfare of the child or a party, the parties agree to the follo:ving dispute resolution method: Disputes between the parties, other than the child support disputes, shall be submitted to: _X_ Mediation by Rule 31 Mediator Arbitration by arbitrator selected by parties or the court Settlement Conference with Judge not presiding in parents' case. Court process DUE TO ORDER OF PROTECTION OR RESTRICTIONS The cost of this process shall be assessed to the parties by the Court based upon their incomes. The out-of-court process shall be commenced by notifying the other party and the Court by: _X_ Written request Certified Mail Other In the dispute resolution process: (a) Preference shall be given to carrying out this Parenting Plan. (b) The parents shall use the designated process to resolve disputes relating to implementation of the plan. (c) A written record shall be prepared of any agreement reached in the mediation, arbitration or settlement conference and shall be provided to each party to be drafted into a consent order of modification. (d) If the court finds that a parent willfully failed to appear at a scheduled dispute resolution process without good reason, the court, upon motion, may award attorney fees and financial sanctions to the prevailing parent. VI. STANDARD PARENTING ORDERS PURSUANT TO TENNESSEE CODE ANNOTATED 36-6-101(a) BOTH PARENTS ARE ENTITLED TO THE FOLLOWING RIGHTS: 1. To unimpeded telephone conversations with the child at least twice each week at reasonable times and for a reasonable duration; 2. To send mail to the child which the other parent shall not open and will not censor; 3. To receive notice and relevant information as soon as practical (but within 24 hours) in the event of hospitalization, major illness, or death of the child. 4. To receive directly from the school, upon written request, which includes a current mailing address and upon payment of reasonable costs of duplicating, copies of the child's report cards, attendance records, names of teachers, class schedules, standardized test scores, and any other records customarily made available to parents. 5. Unless otherwise provided by law, the right to receive copies of the child's medical, health or other treatment records directly from the physician or health care provider who provided such treatment or health care upon written request which contains a current mailing address and upon payment of reasonable costs of duplication; provided, that no person who receives the mailing address of a parent as a result of this requirement shall provide such address to the other parent or a third person. 6. To be free of derogatory remarks made about such parent or such parent's family by the other parent or a third person. 7. To be given at least forty-eight (48) hours notice, whenever possible, of all extra curricular activities, and the opportunity to participate or observe, including, but not limited to, the following: (i) School activities; (ii) Athletic activities; (iii) Church activities; and (iv) Other activities as to which parental participation or observation would be appropriate. 8. To receive from the other parent, in the event the other parent leaves the state with the minor child or children for more than two (2) days, an itinerary including telephone numbers for use in the event of an emergency. 9. Access and participation in education, including the right of access to the minor child or children for lunch and other activities, on the same basis that is provided to all parents, provided the participation or access is reasonable and does not interfere with day-to-day operations or with the child's educational performance. SIGNATURE OF PARTY(IES) FOR PROPOSED PARENTING PLAN OR FOR FINAL PARENTING PLAN: I hereby make oath that this Plan has been proposed in good faith and that it is in the best interests of the children. Mot er Date and Place of Signature Sworn to and subscribed before me, this the r' day of 2001. My commission expires: 4oWtary Public EJVsIkRD C. CHAec?T?iN Np' TA;PLI Bt}C Boro Of Carlisle Cumb CoA k0-v C ommission Expires Aug. , M I hereby make oath that this Plan has been proposed in good faith and that it is in the best interests of the children. 0? 0a v a Go/ ts:l & 4 Father Date and Place of Signature Sworn to and subscribed before me, this the A Tay of u ' 001, Notary Public Myt lAU6sai!iab3t ?t Large pny Commission Expires p em er 3, 2002 ORDER OF THE COURT It is ORDERED, ADJ DDGED AND DECREED THAT the adopted and approv d as a order of this cou . Dated: 2 D J GE Presented by Counsel: f Signature PR# 943 Name: Edward R. Sempkowski Address P. O. Box 791 Morristown, TN 37815-0791 Phone: (423) 587-1141 Address of Mother: Date attending Parenting Seminar Plan set forth above is Signature BPR# 4701 Name: C. Dwaine Evans Address P. O. Box 1754 Morristown, TN 37816-1754 Phone: (423) 5187-2800 Address of Father: 1556 Rachael Drive Eufaula, AL 36027 Date attending Parenting Seminar (If applicable) Mediation Services provided by: / Mailing Address: P0. Box 8700 Harrisburg, PA 17105-8700 Location: 307 South Front Street Harrisburg, PA 17104-1624 717 221-6200 717 221-6213 Fax PINNACLEHEALTH Behavioral Services November 22, 2002 Melissa Mathna 22 East Street Apt 5 Mt. Holly Springs, PA 17605 RE: Brandon Mathna Brandon Mathna was recently admitted to the Child Partial Hospitaliz tion Program. He was discharged on 10/25/02. He has the following diagnosis: Axis I Post Traumatic Stress Disorder Psychotic Disorder, NOS Adjustment Disorder with Mixed Disturbance of Mood Conduct Attention Deficit Hyperactivity Disorder by history Axis II None Axis III None Axis IV Psychosocial Stressors - problems with primary support syst m; academic problems Axis V GAF = 55-60 Patient was discharged on the following medications: Risperdal 0.5 g twice a day; Lithium Carbonate 300mg Y2 tablet twice a day. A Lithium level was ordered and the lev Is were pending. It is medically necessary that the patient remain on the current medic tion regimen to assure adequate response and improvement of previously described symptoms. Any changes or discontinuation of medications need to be addressed with his treating physician. Sincerely yours, /bsl?'v Montaner, M.D. Board Certified Child/Adolescent Psychiatrist Exlnib; v o 3-27-03; 2:46PM;BEHAVORIAL SERVICES Mailing Address: PO. Box 8700 Harrisburg, PA 17105-8700 Location: 307 South Front Street Harrisburg, PA 17104-1624 717 221.6200 717 221-6213 Fax March 26, 2003 Melissa Mathna 22 East Street Apt. 5 Mt. Holly Springs, PA 17605 RE: Brandon Mathna 717 221 6208 # 2/ 3 d? PI N NAC LE H EALTH Behavioral Services Brandon Mathna is an active patient at Pinnacle Health Behavioral Services Outpatient Medication Clinic. He has the following Diagnosis: Axis I R/O Post Traumatic Stress Disorder Mood Disorder, NOS Adjustment Disorder with Mixed Disturbance of Mood Conduct Attention Deficit Hyperactivity Disorder by history Axis II None Axis III None Axis IV Psychosocial Stressors- problems with primary support system; academic problems Axis V GAF= 55-60 Patient is not on medication due to fathers objection to trial of medication. Patients father, according to mother is not currently involved in his care and appears not to be invested in patients treatment. Patients father is not accessible and has not had visitation recently. Patients behavior has continued to deteriorate at home and at school. He often is disruptive, intrusive, and easily distracted in the classroom. Patient has not had severe behavior outbursts but often becomes silly and irritable when redirected. Patient is in constant motion often spends his day at school monopolizing teachers time as they attempt to redirect him. Patient has had behavioral outbursts at home when frustrated and often hits himself. 3-27-03; 2:46PM;BEHAVORIAL SERVICES ;717 221 6208 # 3/ 3 Since medications was discontinued, he appears incapable of completing academic work consistently. Patient is not learning at school, as expected for a child his age. It is medically necessary that medications trial be restarted to assist patient with attention span, impulsivity, and diminish aggressive behavior. Sincerely, Jose L. Montaner, M.D. Board Certified Child/Adolescent Psychiatrist CARLISLE AREA SCHOOL DISTRICT 623 West Penn Street Carlisle, Pennsylvania 17013-2298 Gerald L. Fowler, Ph.D., Superintendent Central Adminlstratton Fax 717-240-6800 717-240-6898 Jose Montaner, M.D. Pinnacle Health Services 307 South Front St. Harrisburg, PA March 17, 2003 RE: Brandon Mathna Dear Dr. Montaner, I am writing in regard to Brandon Mathna, a first grade student at Mt. Holly Springs Elementary School in the Carlisle Area School District. The purpose of my letter is to provide you with information related to Brandon at school during the period of time from February 24, 2003 to March 14, 2003. Since Brandon has returned to school following in-patient hospitalization at Philhaven, the following observations have been noted by school personnel: Initially, upon return to school. Brandon had difficulty separating from his mother in the morning. At his point, he comes into school without incident. a Lethargic during the morning with increasing periods of activity during the day. Brandon becomes very fidgety as the day progresses. During these times, he is in constant motion characterized by tapping on the desk top, hitting his head with rolled up paper, hand fluttering, rolling on floor, and chattering. ° Has a great deal of difficulty staying focused and on-task. Requires repeated teacher direction to get any work done. ° One episode of smearing feces on the restroom wall. Increasingly obstinate, uncooperative, defiant. Often refuses to complete work. Has lost privileges at school due to this behavior. Seems to be especially non-compliant with male teacher's aide. ° Behavior seems to be deteriorating as time goes by. Irritable I have included a Conners' Abbreviated Teacher Rating Scale (.ATRS) for your review. The ATRS is routinely sent to physicians as a means of providing follow-up information for students who have been diagnosed with Attention Deficit Hyperactivity Disorder. Although Brandon's diagnostic profile appears quite complex, I hope the information generated by this checklist will be of some benefit to you. Please feel free to contact me should you require additional information. Sincerely, Kim Truckenmiiler M. Ed., N.C.C. School Counselor Mt. Holly Springs Elementary School Carlisle Area`3chool District (717) 485-3293 7:3'Ili: lien k;.[.'ci%?41e?l: it L}()11.i_ii E? Trish Niemitz. School Nurse, Carol Elkington, Steven's Center; Karen Lehman. C?_SSP C? t° C _° . _[: -`7 ["'t ? i F :.? G' ? r '_ - r= ?? --, ?- r? ( .. . ? C T+ -?. MELISSA SUE MATHNA THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03- ) j CIVIL TERM TODD EUGENE MATHNA Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Melissa Sue Mathna, Plaintiff, to proceed in forma au eris. I, Joan Carey, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. 'y ter riauitui MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 n ? r, -?i '? ?? _; -c?,` _? < - - - . ; , _ , _ , _, , _ ? c, f _ -?--, ?«.+ ) T.? C -'. ?. ? r y r ? KOz ME LISSA SUE MATHNA AP THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03- 5 CIVIL TERM TODD EUGENE MATHNA Defendant CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 2°d day of April 2003, upon consideration of the attached Petition For Special Relief, the following order is entered: 1. Melissa Sue Mathna shall have sole physical and legal custody of the childre -/a r4k't/- or.[.--r 2. The physical and legal custody rights granted to Todd Eugene Mathna pursuant to the Order of August 28, 2001 docketed at the Chancery Court for Hamblen County, Tennessee, at Case number: 2000-672 are suspended pending further Order of Court. Joan Carey, Attorney at Law MidPenn Legal Services ??UPr ?,,? 8 Irvine Row Carlisle, PA 17013 Todd Eugene Mathna (last known address) 42 Maple Lane cof ? mad4 I/` -? -03 Shermansdale, PA 17090 n_. aL_ r____. V,N;VAI),SiNN3d €u .c t-lj ?-- ?. d co MELISSA SUE MATHNA : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03- CIVIL TERM TODD EUGENE MATHNA Defendant CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Melissa Sue Mathna, by and through her attorney, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, Melissa Sue Mathna, herein referred to as mother, who currently resides at 22 East Street, Apt. 5, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Respondent is the above-named Defendant, Todd Eugene Mathna, hereinafter referred to as the father, whose residence is not known by the mother. To the best of the mother's knowledge the father is in a camper in the woods somewhere in Pennsylvania. 3. The mother and the father are the natural parents of Caleb Lee Mathna, DOB 6-28-93 and Brandon Richard Mathna, DOB 2-26-95. 4. A Complaint for Custody was filed in this court contemporaneously with this Petition for Special Relief requesting modification of the Order of August 28, 2001 docketed in the Chancery Court for Hamblen County, Tennessee, Case number: 2000- 672. Acopy of this Order is attached as Exhibit A. 5. The mother requests suspension of any legal or physical custody rights granted to the father in the 2001 Tennessee Order because the father is not acting in the children's best interests for reasons including, but not limited to, the following: a) The father consistently refuses to authorize medically necessary treatment, including medication recommended for Brandon by his psychiatrist, Jose L. Montaner, M.D., who is part of the child's treatment team that includes therapists from Northwestern Human Services Stevens Center who come to the home for ten hours weekly to work with Brandon and the family, and the emotional support team who works with Brandon at school. The father tells the mother that she will "burn in hell" for getting the child psychiatric treatment including giving him any prescribed medication. The father refuses to accept the diagnoses of the psychiatrists who have treated Brandon. b) The current custody order grants the father joint legal custody and the father's refusal to cooperate with the child's treatment team is adversely affecting the child's quality of life and putting the child at risk of harm. Specifically, in December 2002, in spite of being informed by Dr. Montaner that Brandon needed to take Lithium Carbonate and that any changes or discontinuation of medications needed to be addresses with his treating physician, the father refused to give the child the medication when he had the children over the Christmas holiday from school causing the child to regress. Plaintiff's copy of letter sent to both parents by Dr. Montaner is attached as Exhibit B and incorporated by reference. C) In February 2003 Brandon was hospitalized voluntarily at Philhaven for approximately one week after exhibiting behavior that involved potential harm to himself or others. After a trial period without medications for Brandon, in March 2003 Doctor Montaner determined that it is medically necessary that medications trial be restarted to assist Brandon with attention span, impulsivity, and to diminish aggressive behavior. Letter to the mother from Dr. Martiner is attached as Exhibit C and incorporated by reference. Letter from school counselor to Dr. Mon.taner is attached as Exhibit D and incorporated by reference. d) The father does not have accommodations to have the children in his custody. He told the mother in late December 2002 that he was being evicted from his residence in Shermansdale, Pennsylvania, and on or about March 6, 2003, told the mother that he had four days to leave his residence and that he was going to live in a camper in the woods, and that he could not afford housing. The father's phone number has been disconnected and he has not contacted the mother. e) In the past the father has kept the children away from the mother for several weeks at a time concealing their whereabouts from her and refusing to provide her any access to them including by phone. The mother does not know where the father currently resides which exacerbates her fear that if the children go with him pursuant to the Tennessee Order, she will lose contact with the children. Additionally, she fears that Brandon will be at risk of serious harm because of the father's consistent refusal to get him treatment including administering him prescribed medications. 0 Since the summer of 2002, after the father moved to Pennsylvania, he refused to agree to any deviation from the Tennessee Court Order that was entered when the parties lived too far apart to drive to see the children on a regular basis. He refused to let the mother see the children during the summer, and he did not ask to see the children during the school year. The mother fears that without the suspension of the father's partial custody rights the children will be cut off from her and their half sister and that they will be at risk of harm by the mother. 6. The mother has concerns regarding the father's treatment of the children when he has them with him; including, but not limited to, the following: a) Locking Brandon in his room at night, giving him nightly doses of Nyquil medication so that he sleeps, and force-feeding him. b) Controlling and threatening the children causing them to exhibit hostile and angry behavior when they return from any time with the father. C) Inappropriate language around the children including foul and sexually explicit language. d) Inadequate supervision of the children including allowing them to watch adult horror movies that adversely affect the children. 7. The mother has consistently provided for the children's emotional, medical, education, and spiritual needs and she is the parent who is best able to facilitate contact with the other parent. 8. Without this court's intervention, the children will be at risk of physical and psychological harm. 9. The mother requests that the father's custody rights be suspended and that she be granted primary physical and legal custody pending further order after conciliation. WHEREFORE, Petitioner respectfully requests the following: a Temporary Custody Order suspending the father's physical and legal custody rights under the 2001 Tennessee Order and confirming sole physical and legal custody of the children in the mother. Petitioner further requests any other relief this court deems just and proper. Respectfully submitted, an Carey Attorney for Plaintiff/ Petitioner MIDPENN LEGAL SERVICES 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Melissa Sue Mathna, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ? -3 / - 0 3 IM issa eeMt , Plaintiff C? aOp IN THE CHANCERY COURT FOR HAMBLEN COUNTY, TENNESSEE MELISSA SUE MATHNA, * Case No. 2000-672 PARENT * Parenting Plan: VS. * Proposed Plan * Final Plan X * TODD EUGENE MATHNA, PARENT PERMANENT PARENTING PLAN This Plan is Ordered by the court on the day of - 20- is a part of the Marital Dissolution Agreement modifies an existing Parenting Plan or prior Court Order, dated the day of 20-. Children: Name: Birth Date: Caleb Lee Mathna 6-28-93 Brandon Richard Mathna 2-26-95 1. RESIDENTIAL SHARING SCHEDULE The schedule below sets out which parent has responsibility for the child(ren) during the week, weekends, holidays and vacations. A. Day to Day Schedule: The _X_ Mother Father will have responsibility for the care of the child(ren) except the following times and days when the other parent shall have responsibility for the care of the child(ren): Time) (Day/Time) Every Week Other Week er: and from: ry Week Every Other Week Other: (1) any period the children are out of school for five (5) consecutive days; and (2) reasonable time with the children in the town of mother's residence upon prior reasonable notice. Exk &f A B. SCHEDULE OF HOLIDAYS RELEVANT TO YOUR FAMILY, SCHOOL SCHEDULE OR SPECIAL OCCASIONS Indicate when child(ren) will be with each parent. (In ODD numbered years, EVEN numbered years or EVERY year.) Mother Father Martin Luther King Day President's Day Easter Passover Mother's Day Memorial Day (if no school) Father's Day July 4th Labor Day Thanksgiving Day & Friday Child(ren)'s Birthdays Other school-free days Mother's Birthday Father?s Birthday Other: A holiday shall begin at 6:00 p.m. on the night preceding the holiday and end at 6:00 p.m. the night of the holiday unless otherwise noted: C. SCHEDULE FOR WINTER HOLIDAY VACATION. The _X_ Mother Father shall have the child(ren) in even years from the day school is dismissed at _.m. until December 25 at 2:00 p.m. The other parent will have the child(ren) from December 25 at 2.00 p.m. until 6:00 p.m. on the evening before school resumes. OR as agreed upon by the parents as follows: D. SCHEDULE FOR SPRING VACATION. The Mother and Father shall share or alternate Spring Break as follows: Father shall have the children during Spring Break if they are out of school for at least 5 days. BEGINNING: E. SUMMER SCHEDULE: during the sum t for the following days and be responsible for the care o 'ld as school year schedule Two other parent will Other: Father shall have the children each year from 48 hours after school is dismissed for summer until 48 hours before school resumes in the fall. F. TRANSPORTATION ARRANGEMENTS: Transportation arrangements for the child(ren), between parents shall be as follows: Long distance transportation costs [If applicable]: The parties shall meet in Morristown, TN to exchange the children. G. OTHER: The following special provisions apply to the schedules or residential considerations of the child(ren): II. DECISION MAKING A. DAY TO DAY DECISIONS: Each parent shall make decisions regarding the day-to-day care and control of each child while the child is residing with that parent. Regardless of the allocation of decision making in this parenting plan, either parent may make emergency decisions affecting the health or safety of the children. B. CHILD NUTURE: Mother and Father will behave with respect to each other and the child(ren) so as to provide a loving, stable, consistent and nurturing relationship with the child(ren) even though they, themselves, are being divorced. Mother and Father agree they will not speak badly of each other or the members of the family of the other parent. They will encourage the child to continue to love the other parent and be comfortable in both new families. C. MAJOR DECISIONS Major decisions regarding each child shall be made as follows: Education decisions Mother Father Joint Non-emergency health care Mother _ Father Joint Religious upbringing Mother Father _X _ Joint Extracurricular activities Mother _ Father -X- , Joint Mother Father Joint Mother _ Father Joint D. PRIVATE SCHOOL AND COLLEGE [Optional]: The parties agree as follows regarding private school [elementary and high school] and college or vocational training after high school: N/A [If parents wish to include a detailed list of the plans for special or private schooling, they may attach a separate sheet.] II. FINANCIAL SUPPORT FOR CHILD(REN) A. CHILD SUPPORT PER TENNESSEE GUIDELINES OR DEVIATIONS* The Mother ._X_ Father will pay child support, in accordance with the Tennessee Child Support Guidelines, in the amount of $10.00 month, _ twice per month (semi-monthl per _X_ week weekly), plus $ as 5% Clerk's fee [if applicable] for _ every two or a total amount of weeks (bi- $ beginning : Deviations: This support shall be paid: _X Directly to the other parent. To the Central Child Support Receipting Unit, P. 0. Box 305200, Nashville TN, 37229, and sent to the other parent. Address: Direct Deposit to the other Parent at Bank By Wage Assignment The parties affirmatively acknowledge that Court approval must be obtained before child support can be reduced or modified, unless such payments are automatically reduced or terminated under the terms of the Parenting Plan. *Attach sworn statement of income if this is a Proposed Plan. B. TAX DEDUCTION The Mother _X Father shall receive the tax deduction for the Caleb Lee, [so long as the child support is current on the 151h day of January of each year in alternate years starting _X_ each year Other: Mother shall receive the tax deduction for Brandon. When only one child can be claimed as a dependent, they shall alternate claiming such child. C. TAX RETURN NOTICE The parent(s) paying child support shall send to the other parent by or before April 15 of every year for August 15, if an extension is sought], a copy of their respective W-2(s), 1099(s) and first two pages of their tax return. D. HEALTH INSURANCE The Mother Father will maintain medical/ hospital insurance on the minor child(ren) and he/she shall provide proof of continuing coverage annually. Uncovered medical expenses, which include deductibles or copayments, eyeglasses, prescriptions, contact lenses, routine annual physicals, will be paid by Mother or Father _X Divided equally by the parties. _X_ Other: If the children become ineligible for Pennsylvania Medical Assistance, Mother shall provide insurance if available through her employer; and Father shall reimburse her one-half of the cost of such insurance for the children. (This may also include a provision for counseling.) After insurance has paid its portion, the parent receiving the bill will send the bill to the other parent within 10 days. The other parent will pay his/her share within 30 days of receipt of the bill. E. LIFE INSURANCE [OPTIONAL FOR PARENT NOT PAYING CHILI) SUPPORT] N/A Father shall insure his own life in the minimum amount of $ whole or term. Mother shall insure her own life in the minimum amount of $ , whole or term. The policy(ies) shall name the other parent OR other parent as TRUSTEE of the funds to serve without bond or accounting, as beneficiary for the support of the child(ren) OR Other: F. DENTAL/ ORTHODONTIC CARE If available to either parent through their work, the maintain dental/ orthodontic care on the minor child(ren), Mother Father will Uncovered dental/ orthodontic expenses will be paid by: Mother _ _ Father OR _X Divided equally by the parties. IV. DESIGNATION SOLELY FOR STATE AND FEDERAL STATUTES: The child(ren) named in this Parenting Plan are scheduled to reside the majority of the time with the _X Mother Father. SOLELY for the purposes of any other state and federal statutes which require a designation or determination of parental responsibility, this parent is designed the "Custodian of the Child". If the parents are joint decision makers as listed in Section II, for purposes of obtaining health or other insurance, they shall be considered "joint custodians". THIS DESIGNATION SHALL NOT AFFECT EITHER PARENT'S RIGHTS AND RESPONSIBILITIES UNDER THIS PARENTING PLAN. V. DISAGREEMENTS ABOUT JOINT DECISIONS OR MODIFICATIONS OF PLAN Should a disagreement arise about the Parenting Plan or the parties wish to modify the plan, the parties shall make a good faith effort to resolve the issue through the dispute resolution process, before returning to court. Unless a limiting factor listed in T.C.A. 36-6-406 precludes a dispute resolution process prior to court action, or an emergency court action is necessary to protect the welfare of the child or a party, the parties agree to the following dispute resolution method: Disputes between the parties, other than the child support disputes, shall be submitted to: Mediation by Rule 31. Mediator Arbitration by arbitrator selected by parties or the court Settlement Conference with Judge not presiding in parents' case. Court process DUE TO ORDER OF PROTECTION OR RESTRICTIONS The cost of this process shall be assessed to the parties by the Court based upon their incomes. The out-of-court process shall be commenced by notifying the other party and the Court by: _X_ Written request Certified Mail Other In the dispute resolution process: (a) Preference shall be given to carrying out this Parenting Plan. (b) The parents shall use the designated process to resolve disputes relating to implementation of the plan. (c) A written record shall be prepared of any agreement reached in the mediation, arbitration or settlement conference and shall be provided to each party to be drafted into a consent order of modification. (d) If the court finds that a parent willfully failed to appear at a scheduled dispute resolution process without good reason, the court, upon motion, may award attorney fees and financial sanctions to the prevailing parent. VI. STANDARD PARENTING ORDERS PURSUANT TO TENNESSEE CODE ANNOTATED 36-6-101(a) BOTH PARENTS ARE ENTITLED TO THE FOLLOWING RIGHTS: 1. To unimpeded telephone conversations with the child at least twice each week at reasonable times and for a reasonable duration; 2. To send mail to the child which the other parent shall not open and will not censor; 3. To receive notice and relevant information as soon as practical (but within 24 hours) in the event of hospitalization, major illness, or death of the child. 4. To receive directly from the school, upon written request, which includes a current mailing address and upon payment of reasonable costs of duplicating, copies of the child's report cards, attendance records, names of teachers, class schedules, standardized test scores, and any other records customarily made available to parents. 5. Unless otherwise provided by law, the right to receive copies of the child's medical, health or other treatment records directly from the physician or health care provider who provided such treatment or health care upon written request which contains a current mailing address and upon payment of reasonable costs of duplication; provided, that no person who receives the mailing address of a parent as a result of this requirement shall provide such address to the other parent or a third person. 6. To be free of derogatory remarks made about such parent or such parent's family by the other parent or a third person. 7. To be given at least forty-eight (48) hours notice, whenever possible, of all extra curricular activities, and the opportunity to participate or observe, including, but not limited to, the following: (i) School activities; (ii) Athletic activities; Church activities; and (iv) Other activities as to which parental participation or observation would be appropriate. 8. To receive from the other parent, in the event the other parent leaves the state with the minor child or children for more than two (2) days, an itinerary including telephone numbers for use in the event of an emergency. 9. Access and participation in education, including the right of access to the minor child or children for lunch and other activities, on the same basis that is provided to all parents, provided the participation or access is reasonable and does not interfere with day-to-day operations or with the child's educational performance. SIGNATURE OF PARTY(IES) FOR PROPOSED PARENTING PLAN OR FOR FINAL PARENTING PLAN: I hereby make oath that this Plan has been proposed in good faith and that it is in the best interests of the children. 1 Mot err U'A?c'12 0 Date and Place of Signature Sworn to and subscribed before me, this the t?Z.dgy of 2001. My commission expires: ?1?-{?.; 3 ,,-yam r- Notary Public `-? EOWAnD C. CNoo Seal 7AIN JVOTA jy PUSUC Born of Carlisle Cumb Co, PA l•1? Ccmrnission Expires Aug. , :''Grn, 21705 I hereby make oath that this Plan has been proposed in good faith and that it is in the best interests of the children. Father so / Date and Place of Signature Sworn to and subscribed before me, this the - y of - -- r.? 'b, X 001. Notary Public MyNW*MQ1Wrklat?a at Large My Commission Expires p em er 3, 2002 ORDER OF THE COURT It is ORDERED, ADJ DDGED AND DECREED THAT the adopted and approv d as a order of this cour . Dated: 2 of JT rF Plan set forth above is l? ? 1 Presented by Counsel: 41 70 Signature PR ## 943 Signature t BPR# 4701 Name: Edward R. Sempkowski Name: C. Dwaine Evans Address P. O. Box 791 Morristown, TN 37815-0791 Phone: (423) 587-1141 Address P. O. Box 1754 Morristown, TN 37816-1754 Phone: (423) 5187-2800 Address of Mother: Date attending Parenting Seminar Address of Father: 1556 Rachael Drive Eufaula, AL 36027 Date attending Parenting Seminar (If applic able) Mediation Services provided by: / A'I Mailing Address: P0. Box 8700 Harrisburg, PA 17105-8700 Location: 307 South Front Street Harrisburg, PA 17104-1624 717 221-6200 717 221-6213 Fax PI NNACLEHEALTH Behavioral Services November 22, 2002 Melissa Mathna 22 East Street Apt 5 Mt. Holly Springs, PA 17605 RE: Brandon Mathna Brandon Mathna was recently admitted to the Child Partial Hospitaliz tion Program. He was discharged on 10/25/02. He has the following diagnosis: Axis I Post Traumatic Stress Disorder Psychotic Disorder, NOS Adjustment Disorder with Mixed Disturbance of Mood Condu 't Attention Deficit Hyperactivity Disorder by history Axis II None Axis III None Axis IV Psychosocial Stressors - problems with primary support syst m; academic problems Axis V GAF = 55-60 Patient was discharged on the following medications: Risperdal 0.5 g twice a day; Lithium Carbonate 300mg Y2 tablet twice a day. A Lithium level was ordered and the lev Is were pending. It is medically necessary that the patient remain on the current medic tion regimen to assure adequate response and improvement of previously described symptoms. Any hanges or discontinuation of medications need to be addressed with his treating physician. Sincerely yours, Jose Montaner, M.D. Board Certified Child/Adolescent Psychiatrist EK Yl ?6c ? G 2217 bL 7 ?-7 i l 117 1 M a 2.46PM BEHAV?RIA7- 3-27-03; B? pp 17106-8700 locelVM' Fron&Guee1 17104-1624 717 221 6200 F 717 221 62 March 2g, 2003 1 i, RE. active patient at Brandon Mathna is an outpatient Medication Clinic• He has t Ou sEF\/ 7 GES Melissa Mathna 22 East SSpengStPA 17605 Mt. Hol y Brandon Mathna P1NNP`C?Ei-1EAI-TH Behavioral Services innacle Health Beh vioral Services following Diagnosis', Axis 1 RRio Post Traumatic Stress Mood Disorder, NOS th Mixed Disturbanc storMood Conduct Adjustment Disorder wi eractivity Disorder by h Attention Deficit Hyp support system; Axis 11 None Axis III None problems with primary Axis IV Psychosocial Stressors- academic problems Axis v GAF= 55-60 fath Irs objection to trial of medication. of on medication due to of currently involve a{hhis oot and patient is n according to mother is n patients f has ontinue patients father, patients treatment. appears not to be invested in p on recently Patients beantrus ve,ca d easily accessible and has not hadvisits He often is disruptive, constant motion as' not had severe behavior outbursts but e at home and at school. in to deteriorate patient h patient is attempt to distracted in the classroom. iz teachers time as the frustrated and omes silly and irritable when redir rected . a when often bec at school monopol g Patient has had behavioral outbursts at home often spends his day redirect him. often hits himself. 3_27_09; 2:46PM;BEHAVORIAL SERVICES ;717 221 6208 # 3/ 3 Since medications was discontinued, he appears incapable of completing academic work consistently. Patient islnot learning at school, as expected for a child his age. It is medically necessary that me, attention span, impulsivity, and d s trial be restarted to assist patient with aggressive behavior. Sincerely, Jose L. Montaner, M.D. Board Certified Child/Adolescent CARLISLE AREA SCHOOL DISTRICT 623 West Penn Street Carlisle, Pennsylvania 17013-2298 Gerald L. Fowler, Ph.D., Superintendent Central Administration Fax 717-240-6800 717-240-6898 Jose Montaner, M.D. Pinnacle Health Services 307 South Front St. Harrisburg, PA March 17, 2003 RE: Brandon Mathna Dear Dr. Montaner, I am writing in regard to Brandon Mathna, a first grade student at Mt. Holly Springs Elementary School in the Carlisle Area School District. The purpose of my letter is to provide you with information related to Brandon at school during the period of time from February 24, 2003 to March 14, 2003. Since Brandon has returned to school following in-patient hospitalization at Philhaven, the following observations have been noted by school personnel: Initially, upon return to school, Brandon had difficulty separating from his mother in the morning. At his point, he comes into school without incident. Lethargic during the morning with increasing periods of activity during the becomes very fidgety as the day progresses. During these times, he is inconstantBmotioon characterized by tapping on the desk top, hitting his head with rolled up paper, hand fluttering, rolling on floor, and chattering. ' Has a great deal of difficulty staying focused and on-task. Requires repeated teacher direction to get any work done. One episode of smearing feces on the restroom wall. ' Increasingly obstinate, uncooperative, defiant. Often refuses to complete work. Has lost privileges at school due to this behavior. Seems to be especially non-compliant with male teacher's aide. Behavior seems to be deteriorating as time goes by. L-Htable I have included a Conners' Abbreviated Teacher Rating Scale (ATRS) for dour review. The ATR4 is routinely sent to physicians as a means of providing follow-up information for students who nave been diagnosed with Attention Deficit Hyperactivity Disorder. Although Brandon's diagnostic profile appears quite complex, I hope the information generated by this checklist will be of some benefit to you. Please feel free to contact me should you require additional information. Sincerely, . Kim Truckenmiller M. Ed., N.C.C. School Counselor Mt. Holly Springs Elementary School Carlisle Area School District .717;1486-3299 }_]'[.?lte3"1 ]t (ui C C', 1>;1c.5?i1 f_'ftl>._t} CC: Trish Niemitz. fchcc>I , -Ise: Caroi Elkington. Steven's Center, Iraren Lehman. CASSP 'II 7-= C°J i? 1 C; ? K un K92 M ELISSA SUE MATHNA THE COURT OF COMMON PLEAS OF AP Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03- P5 CIVIL TERM TODD EUGENE MATHNA Defendant CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 2nd day of April 2003, upon consideration of the attached Petition For Special Relief, the following order is entered: 1. Melissa Sue Mathna shall have sole physical and legal custody of the childre 5 -A b, &Y-Vte?r 2. The physical and legal custody rights granted to Todd Eugene Mathna pursuant to the Order of August 28, 2001 docketed at the Chancery Court for Hamblen County, Tennessee, at Case number: 2000-672 are suspended pending further Order of Court. Joan Carey, Attorney at Law MidPenn Legal Services CUpv ??,,? 8 Irvine Row lI l Carlisle, PA 17013 Todd Eugene Mathna (last known address) 42 Maple Lane (7p?I -03 Shermansdale, PA 17090 / l 1-11\'?'r.?? l 3?f???? ? ;???? ? ?.n??:? ?. V ? ? ??.?..? ? !. i Eti r' i ? i-, tti i,l .'? G 4i _.. N+ ? -. MELISSA SUE MATHNA : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. TODD EUGENE MATHNA NO. 03- CIVIL TERM Defendant CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Melissa Sue Mathna, by and through her attorney, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, Melissa Sue Mathna, herein referred to as mother, who currently resides at 22 East Street, Apt. 5, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Respondent is the above-named Defendant, Todd Eugene Mathna, hereinafter referred to as the father, whose residence is not known by the mother. To the best of the mother's knowledge the father is in a camper in the woods somewhere in Pennsylvania. 3. The mother and the father are the natural parents of Caleb Lee Mathna, DOB 6-28-93 and Brandon Richard Mathna, DOB 2-26-95. 4. A Complaint for Custody was filed in this court contemporaneously with this Petition for Special Relief requesting modification of the Order of August 28, 2001 docketed in the Chancery Court for Hamblen County, Tennessee, Case number: 2000- 672. Acopy of this Order is attached as Exhibit A. 5. The mother requests suspension of any legal or physical custody rights granted to the father in the 2001 Tennessee Order because the father is not acting in the children's best interests for reasons including, but not limited to, the following: a) The father consistently refuses to authorize medically necessary treatment, including medication recommended for Brandon by his psychiatrist, Jose L. Montaner, M.D., who is part of the child's treatment team that includes therapists from Northwestern Human Services Stevens Center who come to the home for ten hours weekly to work with Brandon and the family, and the emotional support team who works with Brandon at school. The father tells the mother that she will "burn in hell" for getting the child psychiatric treatment including giving him any prescribed medication. The father refuses to accept the diagnoses of the psychiatrists who have treated Brandon. b) The current custody order grants the father joint legal custody and the father's refusal to cooperate with the child's treatment team is adversely affecting the child's quality of life and putting the child at risk of harm. Specifically, in December 2002, in spite of being informed by Dr. Montaner that Brandon needed to take Lithium Carbonate and that any changes or discontinuation of medications needed to be addresses with his treating physician, the father refused to give the child the medication when he had the children over the Christmas holiday from school causing the child to regress. Plaintiff's copy of letter sent to both parents by Dr. Montaner is attached as Exhibit B and incorporated by reference. C) In February 2003 Brandon was hospitalized voluntarily at Philhaven for approximately one week after exhibiting behavior that involved potential harm to himself or others. After a trial period without medications for Brandon, in March 2003 Doctor Montaner determined that it is medically necessary that medications trial be restarted to assist Brandon with attention span, impulsivity, and to diminish aggressive behavior. Letter to the mother from Dr. Martiner is attached as Exhibit C and incorporated by reference. Letter from school counselor to Dr. Montaner is attached as Exhibit D and incorporated by reference. d) The father does not have accommodations to have the children in his custody. He told the mother in late December 2002 that he was being evicted from his residence in Shermansdale, Pennsylvania, and on or about March 6, 2003, told the mother that he had four days to leave his residence and that he was going to live in a camper in the woods, and that he could not afford housing. The father's phone number has been disconnected and he has not contacted the mother. e) In the past the father has kept the children away from the mother for several weeks at a time concealing their whereabouts from her and refusing to provide her any access to them including by phone. The mother does not know where the father currently resides which exacerbates her fear that if the children go with him pursuant to the Tennessee Order, she will lose contact with the children. Additionally, she fears that Brandon will be at risk of serious harm because of the father's consistent refusal to get him treatment including administering him prescribed medications. f) Since the summer of 2002, after the father moved to Pennsylvania, he refused to agree to any deviation from the Tennessee Court Order that was entered when the parties lived too far apart to drive to see the children on a regular basis. He refused to let the mother see the children during the summer, and he did not ask to see the children during the school year. The mother fears that without the suspension of the father's partial custody rights the children will be cut off from her and their half sister and that they will be at risk of harm by the mother. 6. The mother has concerns regarding the father's treatment of the children when he has them with him; including, but not limited to, the following: a) Locking Brandon in his room at night, giving him nightly doses of Nyquil medication so that he sleeps, and force-feeding him. b) Controlling and threatening the children causing them to exhibit hostile and angry behavior when they return from any time with the father. C) Inappropriate language around the children including foul and sexually explicit language. d) Inadequate supervision of the children including allowing them to watch adult horror movies that adversely affect the children. 7. The mother has consistently provided for the children's emotional, medical, education, and spiritual needs and she is the parent who is best able to facilitate contact with the other parent. 8. Without this court's intervention, the children will be at risk of physical and psychological harm. 9. The mother requests that the father's custody rights be suspended and that she be granted primary physical and legal custody pending further order after conciliation. WHEREFORE, Petitioner respectfully requests the following: a Temporary Custody Order suspending the father's physical and legal custody rights under the 2001 Tennessee Order and confirming sole physical and legal custody of the children in the mother. Petitioner further requests any other relief this court deems just and proper. Res pectfully submitted, el - man Carey Attorney for Plaintiff/ Petitioner MIDPENN LEGAL SERVICES 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Melissa Sue Mathna, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: -3 - 0 3 IM Jssss a Mat , Plaintiff MELISSA SUE MATHNA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TODD EUGENE MATHNA • 03-1511 CIVIL ACTION LAVA DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, April 04, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Varney, Esq, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 09, 2023 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 tom Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Taca dine M V rnn ,, 9?-6f Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to co ply with the Americans with Disabilites Act of 1990. For information about accessible facilities an reasonable accommodations available to disabled individuals having business before the court, ple se 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. IMF 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 MW, Al kSNN3d Lwln, - J I f ?? MAY 1 2 2003 V MELISSA SUE MATHNA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1511 CIVIL TERM TODD EUGENE MATHNA, : CIVIL ACTION - LAW Defendant . IN CUSTODY ORDER OF COURT AND NOW, this 2"- day of t" O Y , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Melissa Sue Mathna, shall have sole legal custody of Caleb Lee Mathna, born June 28, 1993 and Brandon Richard Mathna, born February 26, 1995. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody as follows: A. Beginning May 10, 2003 alternating Saturdays from 8:00 a.m. to 4:00 p.m. B. Such other times as the parties agree. 4. Mother shall transport the Children to Father with the exchange point being Mountain Auto Sales, near the Cumberland/Perry County line on Route 34. 5. Neither party will relocate the Children out of the jurisdiction without prior Order of Court. 6. 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. Another Conciliation Conference is scheduled for July 21 2003 at 11:30 a.m., at the same location. BY THE COURT, ViNWV 1iiS)N! i P r•? '' i rT ij cc: Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Mother Todd Eugene Mathna, pro se P.O. Box 392 "e 4c Shermansdale, PA 17090 MELISSA SUE MATHNA, Plaintiff V. TODD EUGENE MATHNA, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-1511 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caleb Lee Mathna June 28, 1993 Mother Brandon Richard Mathna February 26, 1995 Mother 2. A Conciliation Conference was held in this matter on May 9, 2003, with the following individuals in attendance: The Mother, Melissa Sue Mathna, with her counsel, Joan Carey, Esquire, Mid Penn Legal Services and the Father, Todd Eugene Mathna, pro se. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated April 2, 2003 granting sole legal and physical custody to Mother and suspending the custody order dated August 28, 2001 from the Chancery Court of Hamblen County, Tennessee. 4. The parties agreed to the entry of an Order in the form as attached. Date J que ' e M. Verney, Esquire Custody Conciliator ? ? 2003 MELISSA SUE MATHNA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1511 CIVIL TERM TODD EUGENE MATHNA, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 3'! day of , 2003, upon consideration of the attached Custody Conciliatio Re ort, it is ordered and directed as follows: 1. The prior Order of Court dated May 20, 2003 shall remain in full force and effect with the following modification: 2. Paragraph 5 of the prior Order of Court shall be deleted and replaced with the following: Mother may relocate the Children outside of the jurisdiction so long as it does not interfere with Father's periods of custody. 3. This Order is entered pursuant to 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. Either party may file a Petition to Modify Custody and proceed through the Conciliation process. BY THE COURT, 1/ J. cc:-Koan Carey, Esquire, Mid Penn Legal Servic s, Counsel for Mother ,,Wdd Eugene Mathna, pro se P.O. Box 392 Shermansdale, PA 17090 RKg I? VINVnk ASNNad iu:3 6!7 Z 111i'c? JUL 2 2 2003 MELISSA SUE MATHNA, Plaintiff V. TODD EUGENE MATHNA, Defendant PRIOR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :2003-1511 CIVIL TERM : IN CUSTODY : CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caleb Lee Mathna June 28, 1993 Mother Brandon Richard Mathna February 26, 1995 Mother 2. A Conciliation Conference was held in this matter on July 21, 2003, with the following individuals in attendance: Mother's counsel, Joan Carey, Esquire, Mid Penn Legal Services. Father, Todd Eugene Mathna, did not appear. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated May 20, 2003 granting sole legal and physical custody to Mother and granting Father partial physical custody alternating Saturdays from 8:00 a.m. to 4:00 p.m. 4. Mother requested, through counsel, a modification to the custody order that did not impact Father's periods of physical custody. - -o Date cq ine M. Verney, Esquire Custody Conciliator Todd Eugene Mathna, Plaintiff / Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - CUSTODY Melissa Sue Mathna, Defendant / Respondent : NO. 2003-1511 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Todd E. Mathna, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, DateLA9,0-1 -- 6 2 Soyoung Chung Certified Legal Intern ROBE> tT E. RAINS r/ THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Todd Eugene Mathna, Plaintiff / Petitioner V. Melissa Sue Mathna, Defendant / Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-CUSTODY NO. 2003-1511 CIVIL TERM PETITION FOR CIVIL CONTEMPT AND FOR MODIFICATION OF CUSTODY ORDER The Plaintiff/Petitioner, Mr. Todd E. Mathna, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find Defendant/Respondent, Ms. Melissa Mathna, in contempt of the July 23, 2003 Court Order. In support of his Petition, Petitioner states as follows: 1. The Petitioner is Todd E. Mathna, an individual whose mailing address is P.O. Box 392, Shermansdale, Pennsylvania, 17090. 2. The Respondent is Melissa S. Mathna, an individual who is believed to be residing at 1707 English Drive, Mechanicsburg, Pennsylvania, 17055. 3. On July 23, 2003, The Honorable J. Kevin A. Hess entered an Order awarding Melissa S. Mathna (Mother) sole legal and primary physical custody of Caleb Lee Mathna and Brandon Mathna. Todd E. Mathna (Father) was awarded periods of partial physical custody, "every other Saturday from 8:00 a.m. to 4:00 p.m.." A copy of the Order is attached to this Petition as Exhibit "A". Contempt 4. Mother has willfully failed to abide by the July 23, 2003 Order in that: a. Mother has repeatedly refused to allow Father to exercise his periods of temporary physical custody. b. Specifically: i) From February, 2006 until April 05, 2007, Mother has repeatedly refused to allow Father to exercise his custodial time without giving any compelling reasons for the refusals. Father repeatedly tried to contact Mother to see the children. ii) Since February, 2006, Father has only seen the children on two occasions. In October, 2006, Father saw the children for 8 hours when the children were at paternal Grandfather's house. From April 06, 2007 at 7:30 p.m. to April 08, 2007 at 6:00 p.m., Father was able to spend the weekend with the children. 5. The Petitioner also desires to maintain a relationship with his children and the respondent's refusal to comply with the Custody Order has interfered with the Petitioner's ability to maintain a relationship. 6. The Petitioner has a strong desire to modify the July 23, 2003 Order, specifically: a. Mother and Father shall have shared legal custody of the children. b. Father shall have partial physical custody of the children every other weekend from Saturday at 8:00 a.m. to Sunday at 6:00 p.m.. C. Pick up and drop off of the children shall be at Youngs United Methodist Church on Wertzsville Road. Mother has previously agreed to this exchange point. d. Father shall have custody of the children for Thanksgiving in 2007 and in all subsequent odd years. Mother shall have custody of the children for Thanksgiving in 2008 and all subsequent even years. e. Father shall have custody of the children for the Fourth of July and Christmas for 2008 and in all subsequent even years. Mother shall have custody of children for the Fourth of July and Christmas for 2007 and in all subsequent odd years. 7. The Petitioner requests that Mother does not relocate the children out of the State of Pennsylvania or any to place that might interfere with Father's custodial rights. 8. The best interests of the children require that the Court grants the Petitioner's requests. WHEREFORE, Petitioner requests that: a. Mother be held in contempt of this Court's July 23, 2003 Order of Custody; b. Father be awarded additional custody time to compensate for the wrongful deprivation of custodial time; C. The custody order be modified to reflect the above custody schedule. d. Father be awarded such other relief as the Court deems appropriate, specifically modification of the existing Court Order. Date: bId 0 Respectfully submitted, Soyoung Chung Certified Legal Intern &Z?& 4 ;A)&)Jt?4 Meganiesmeyer 6 Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 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. , Mr. Todd E. Mathna Plaintiff/Petitioner JUL 2 2 2003 MELISSA SUE MATHNA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1511 CIVIL TERM TODD EUGENE MATHNA, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT (*A AND NOW, this A,3 ' day of , 2003, upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: 1. The prior Order of Court dated May 20, 2003 shall remain in full force and effect with the following modification: 2. Paragraph 5 of the prior Order of Court shall be deleted and replaced with the following: Mother may relocate the Children outside of the jurisdiction so long as it does not interfere with Father's periods of custody. 3. This Order is entered pursuant to 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. Either party may file a Petition to Modify Custody and proceed through the Conciliation process. BY T COURT, J. cc: Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Mother Todd Eugene Mathna, pro se P.O. Box 392 Shermansdale, PA 17090 Etd11bR A TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand an the seal of aid Court at arli le, Pa. T .?'1 of.... thonotary MAY 1 2 2003 MELISSA SUE MATHNA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1511 CIVIL TERM TODD EUGENE MATHNA, : CIVIL ACTION - LAW' Defendant IN CUSTODY ORDER OF COURT V AND NOW, this day of , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Melissa Sue Mathna, shall have sole legal custody of Caleb Lee Mathna, born June 28, 1993 and Brandon Richard Mathna, born February 26, 1995. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody as follows: A. Beginning May 10, 2003 alternating Saturdays from 8:00 a.m. to 4:00 p.m. B. Such other times as the parties agree. 4. Mother shall transport the Children to Father with the exchange point being Mountain Auto Sales, near the Cumberland/Perry County line on Route 34. 5. Neither party will relocate the Children out of the jurisdiction without prior Order of Court. 6. 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. Another Conciliation Conference is scheduled for July 21, 2003 at 11:30 a.m., at the same location. BY THE COURT, J. cc: Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Mother Todd Eugene Mathna, pro se P.O. Box 392 Shermansdale, PA 17090 V TODD EUGENE MATHNA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA SUE MATHNA DEFENDANT • 03-1511 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 12, 2007 _, 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 Tuesday, May 08, 2007 at 9:30 AM for a Pre-i-learinu 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 hearing. FOR THE COURT. By; ls/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with tike 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 FORTII 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 l?U x/17 l y nrl Todd Eugene Mathna, : IN THE COURT OF COMMON PLEAS OF Plaintiff / Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-CUSTODY Melissa Sue Mathna, Defendant / Respondent : NO. 2003-1511 CIVIL TERM CERTIFICATE OF SERVICE I, Soyoung Chung, hereby certify that I am serving a true and correct copy of the petition for Civil Contempt for Disobedience and for modification of Custody Order on Jessica Holst, Esquire of MidPenn Legal Services, at 401 East Louther Street, Suite 103, Carlisle, PA, 17013 by postage pre-paid first class United States Mail. Date: G 7 Soyoung Chung Certified Legal Intern - fit4b A A??zjt? a,,. 01- Meg iesmeyer Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 C r.s a "'' w U JUN 20 2007 TODD EUGENE MATHNA, Plaintiff VI. MELISSA SUE MATHNA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1511 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this L- " day of 41 , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated July 23, 2003 is hereby vacated. 2. Father's Petition for Contempt is held in abeyance. 2 The Father, Todd Eugene Mathna and the Mother, Melissa Sue Mantha, shall have shared legal custody of Caleb Lee Mathna, born June 28, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have sole legal custody of Brandon Mathna, born February 26, 1995. 3. Mother shall have primary physical custody of the children. VINVAWNtOd C 0= I Wd I Z Nnr LOOZ AMONOHiWd 3HI J© 3 0t. 4Cr-0A1H 4. Father shall have periods of partial physical custody of the children alternating weekends from Friday at 9:00 p.m. until Sunday at 6:00 p.m. beginning Friday June 29, 2007. 5. Each party may have two weeks of consecutive physical custody in the summer provided they give the other party 2 weeks prior notice. 6. All custody exchanges shall occur at the church on Route 114 near the Kentucky Fried Chicken in Mechanicsburg. At exchanges only the children may get out of the car. 7. Father shall ensure that Caleb Lee does not miss any Saturday football games. 8. Mother shall provide Father with Caleb Lee's football practice and game schedule as soon as they become available. 9. Mother shall provide Father's contact information to Brandon's doctors. 10. Mother shall provide Father with Brandon's medical information, including copies of Brandon's prescriptions and any treatment information. Mother shall also give Brandon's medication directly to Father. 11. Father shall cooperate with Brandon's doctors and shall abide by any and all prescriptions and medical treatments. 12. Mother and Father shall notify each other of all medical care the children receive while in the custodial parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 13. Mother and Father shall cooperate with Brandon's Probation Officer, Preventative Care Case manager, family based team, and Pa Counseling service providers. 14. Neither parent will do or say anything, nor permit a third party from doing or saying anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 15. All communication regarding the children shall be between Mother and Father only, except in Father's absence, information may be provided to Father's wife. 16. 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, provided they are in writing. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for July 30, 2007 at 9:30 a.m. can Plano, certified legal intern; fZ?y Law Clinic Megan Riesmeyer, Esquire, Counsel ,, Tessica Holst, Esquire, Mid-Penn Legal Services, Counsel for Mother e\,A? o? 2 BY THE COURT, JUN 2 0 2007 TODD EUGENE MATHNA, Plaintiff V. MELISSA SUE MATHNA, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1511 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caleb Lee Mathna June 28, 1993 Mother Brandon Mathna February 26, 1995 Mother 2. A Conciliation Conference was held in this matter on June 19, 2007, with the following in attendance: The Father, Todd Eugene Mathna, with his counsel, Susan C. Plano, certified legal intern, Megan Riesmeyer, Esquire, Family Law Clinic and the Mother, Melissa Sue Mathna, with her counsel, Jessica Holst, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated July 23, 2003 providing for Mother having sole legal custody and primary physical custody with Father having periods of partial physical custody alternating Saturdays from 8:00 a.m. to 4:00 p.m. 4. The parties agreed to an Order in the form as attached. Date OJ'acqUline M. Verney, Esquire Custody Conciliator JUL $12D0)W TODD EUGENE MATHNA, Plaintiff V. MELISSA SUE MATHNA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1511 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this %31,,,4-& day of , 2007, upon consideration of the attached Custody Concili ion R port, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the 014 day of ??it? , 2007, at Ji 3 a o'clock,.It-. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially 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 anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated June 21, 2007 shall remain in full force and effect with the following modification: 3. Paragraph 2 of the prior Order of Court is hereby deleted and replaced with the following. The parents shall have shared legal custody of Brandon Mathna, born February 26, 1995, except that any treatment recommendations from current physicians, therapists or educational professionals, after being discussed with Father, shall be implemented regardless of Father's position. Father has the right to petition the Court if he objects to said recommendations. Father cannot implement any second opinions that he receives without prior Order of Court or agreement of the parties. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE,COURT, X . Hess, J. cciKusan Plano, certified legal intern, counsel or Father L Johnston-Walsh, Esquire, Dickinson amily Law Clinic essica Holst, Esquire, Mid Penn Legal Services, counsel for Mother 4 O _ 1.11 0 .oj 0 tLED-o FcE OF THE PP-OTfjONOTARY 2907 AUG -- I AM 10: 23 UNTY TODD EUGENE MATHNA, Plaintiff V. MELISSA SUE MATHNA, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1511 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caleb Lee Mathna June 28, 1993 Mother Brandon Mathna February 26, 1995 Mother 2. A Conciliation Conference was held July 30, 2007 with the following individuals in attendance: The Father, Todd Eugene Mathna, with his counsel, Susan Plano, certified legal intern and Lucy Johnston-Walsh, Esquire, Dickinson Family Law Clinic, and the Mother, Melissa Sue Mathna, with her counsel, Jessica Holst, Esquire, Mid-Penn Legal Services. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated June 21, 2007 providing for shared legal custody of Caleb, Mother having sole legal custody of Brandon, Mother having primary physical custody and Father having periods of partial physical custody on alternating weekends. 4. Mother's position on custody is as follows: Mother seeks sole legal custody of Brandon, citing Father's lack of interest in his treatment. 5. Father's position on custody is as follows: Father seeks shared legal custody of Brandon claiming to be interested in the child but maintaining that his work schedule is such that he is not always available to participate in Brandon's treatment. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo with conditional shared legal custody of Brandon. It is expected that the Hearing will require two hours. ?-30-07 Date A.v acq line M. Verney, Esquire 'If Custody Conciliator TODD EUGENE MATHNA, Plaintiff V. MELISSA SUE MATHNA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-CUSTODY : NO. 03 - 1511 CIVIL TERM ORDER OF COURT AND NOW, this day of ct"?-a &tr , 2007, it is hereby ordered that the Order of Court dated July 31, 2007, incorporating the Order of Court dated June 21, 2007, shall be made final and the Custody Hearing scheduled for October 4, 2007 is hereby cancelled. BY THE COURT: L 3 7 Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Defendant TODD EUGENE MATHNA, Plaintiff V. MELISSA SUE MATHNA, Defendant IN THE COURT OF C MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIO S SECTION Docket No.: 00979 S 200 1 PACSES Case No.: 827104028 NO. 2003-1511 - CIVIL ACTION - LAW IN CUSTODY Y TO THE PROTHONOTARY: Kindly enter the appearance of Goldberg Katzman, P.C., and 1 aul J. Esposito, Esquire, as counsel for Plaintiff, Todd Eugene Mathna, in the above-captioned D mestic Relations and Custody matters. GOLDBERG KATZM , P.C. Date: , 2007 Paul J. E4 bsif Attorney I.D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108- 68 (717) 234-4161 1? Ct) = 4I , ? a?