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HomeMy WebLinkAbout99-03302{rr h? a r +( ? Y<+ rnYc Nl fl'.I?:f a!l t a'. r? T s: / uJf) Q? 'j: ;r. c.l .•cn ?1 V LOU 111 V] ?] )v 1-• ? Q7 v! to Oi L "I (..) n It O rn q to x a " z .a a w o m a - m z W a x ° w p ¢ 4 4 " F O W a i r, z N Q n S. w a UN y ,?5y MICHAEL D. MATTER, Plaintiff VS. TAWNYA L. SMITH, Defendant AND NOW, ?Ju? b, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-2,30-Z 0L.( IN CUSTODY 1999, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before) cb-1-nS IS-LI ,Ll Esquire, the conciliator, at _3C( ??}, ??\51 1 1M? u c? 11( + f' y Pennsylvania, on ctc? the a-7 day of , 199, at o'clock (k.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Bysi1(? 1 • SC 1 t Custody Conciliator > YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 C)F 7P. RY 09 1 Ij P?? 3, V (,UUNTY PS\M?W,IANIA -40 MICHAEL D. MATTER, Plaintiff VS. TAWNYA L. SMITH, Defendant 1 IN THE COURT OF COMMON 1 PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA 1 1 CIVIL ACTION - LAW 1 1 NO. 99 330 C;v? 1 IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, MICHAEL D. MATTER, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is MICHAEL D. MATTER, an adult individual who resides at 811 Factory Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is TAWNYA L. SMITH, an adult individual who resides at 4800-H Charles Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were never married. 4. The Plaintiff and Defendant are the natural parents of one minor child, Trenton Anthony Matter, born 11 April 1996. 5. Plaintiff seeks the entry of an order of court to seta schedule of shared custody so that he may have reasonable access to the child and spend reasonable amounts of time with him. 6. The child was born out of wedlock and is presently in the joint custody of the Plaintiff and Defendant. i 7. During the past five years, the minor child has resided with the following persons at the following addresses: April, 1996, to Camp Hill, PA Defendant April, 1998 April, 1998, to Charles Road Defendant the present Mechanicsburg, PA 8. The father of the child is the Plaintiff who resides at the address set out above. 9. The mother of the child is the Defendant who resides at the address set out above. 10. The Plaintiff is the natural father of the child. Plaintiff currently resides with his wife, Julie R. Matter. 1 1. The Defendant is the natural mother of the child. Defendant currently resides with the child and no one else. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said child. 13. The best interest and permanent welfare of the child will be served by granting Ii the relief requested by Plaintiff for the following reasons: I I? 2 L it .I A. He is the child's father and it is important to the proper development of the child that he develop a healthy relationship with his father. B. The mother is not able to care properly for the child without significant assistance from Plaintiff. C. The mother believes that the child suffers from a disorder and is attempting to obtain treatment for the child which is not necessary and which is not in the child's best interest. D. The Plaintiff is able to properly care for the child and make a good home for him. 14. Each parent whose parental rights to the child have not been, terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, MICHAEL D. MATTER requests this Court to grant him custody of the child, Trenton Anthony Matter. Samuel L. An es Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 3 1 yr. ?`y COMMONWEALTH OF PENNSYLVANIA ) ) SS.: COUNTY OF CUMBERLAND ) MICHAEL D. MATTER, being duly sworn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information, and belief. eclaU '0 Y? MICHAEL D. MATTER Sworn to and subscribed before me this ZS'{` day of /Y1,+ y , 1999. _ , 6 Nota y Public NpTARWt• SEAS papuc County LYNNLD No y commis la E as {u 817,206U 4 c.; Lij r. m c: , CJ a a w/ Fr ? ? N WpX?' ? UU Ey MICHAEL D. MATTER, Plaintiff V. TAWYNA L. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3302 CIVIL TERM IN CUSTODY 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Defendant is without sufficient knowledge to respond to the allegations set forth in paragraph 5 and proof thereof if relevant is demanded at trial. 6. Admitted in part and denied in part. It is admitted that the child was born out of wedlock. It is denied that the Plaintiff and Defendant have a joint custodial arrangement. By way of further reply, it is averred that the child has been in the primary care of Defendant and that Plaintiff has had periods of partial custody. 7. Admitted. a. Admitted. 9. Admitted. 10. Defendant is without sufficient information to respond to the allegations set forth in paragraph 10 and proof thereof if relevant is demanded at trial. 11. Admitted. 12. Admitted. 13A. Admitted. 13B. Denied. It is denied that the mother is not able to properly care for the child without significant assistance from Plaintiff. By way of further reply, it is averred that mother has been the primary custodian of the child since the child's birth; that the child is happy and well adjusted; that the child is well cared for; and that the child's present healthy, happy condition is the result of mother's excellent care and nurturing. 13C. Denied. It is denied that mother believes that the child is suffering from a disorder and is attempting to obtain treatment for the child. 13D. Denied. The allegations set forth in paragraph D are conclusions of law to which no responsive pleading is required; to the extent that a responsive pleading is required, Defendant denies that given Plaintiffs history he is able to properly care for the child and to make a good home for the child. 14. Admitted. WHEREFORE, Defendant requests that the Court deny Plaintiffs request for custody of Trenton Anthony Matter and that the Court enter an Order providing for the parties to share legal custody of Trenton with the primary physical custody in mother and periods of partial custody in father. 19358.1 Sandra L. Meilton Attorney for Defendant ID# 32551 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 VERIFICATION I, Tawyna L. Smith, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 7 9q Tawyna L With 647.1 I, . CERTIFICATE OF SERVICE AND NOW, this 23r° day of July, 1999, I, Gloria M. Rine, for the firm of Tucker Arensberg & Swartz, attorneys for Defendant, hereby certify that 1 have this day served the within Answer by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Sanuel L. Andes, Esquire P.O. Box 168 Lemyne, PA 17043 Gloria M. Rine a E?nn k E w 41 a ? N I N w J C C [~ H M n m o v ^ a4 U 4 N . . A C 0. HM t/p7 ? ?`W co) E 2 U E F 6L, F MICHAEL D. MATTER, Plaintiff Vs. TAWNYA L. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3302 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 1` day of /lf?G , 1999, upon consideration of the attached Custody C n6 ciliation Report, it is ordered and directed as follows: 1. The Father, Michael D. Matter, and the Mother, Tawnya L. Smith, shall have shared legal custody of Trenton Anthony Matter, born April 11, 1996. Accordingly, 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. 2. The parties shall have physical custody of the Child in accordance with the following bi-weekly schedule: A. WEER I: The Father shall have custody of the Child during Week It beginning Wednesday, September 1, 1999, from Wednesday after daycare through Friday morning, when the Father shall return the Child to daycare. B. WEER II: The Father shall have custody of the child during Week II, beginning Friday, September 10, 1999, from Friday after daycare through the following Monday morning when the Father shall return the Child to daycare. C. The Mother shall have custody of the Child under the bi-weekly schedule at all times not otherwise specified above for the Father. 3. The parties shall share or alternate having custody of the Child over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from December 22 at 6:00 p.m. through Christmas Day at 6:00 p.m., and Segment B, which shall run from Christmas Day at 6:00 p.m. through December 28 at 6:00 p.m. The mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. i rig n'4I ?.; ?' COQ i Pc?? ;? fLVi dd!A a 'I , ,f J 1 i4 I B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day at 6:00 p.m., and Segment B, which shall run from Thanksgiving Day at 6:00 p.m. through the following Friday at 6:00 p.m. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C• ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child on New Years Day, Easter, Memorial Day, July 4th, and Labor Day with the specific times to be arranged by agreement of the parties. The alternating holiday schedule shall begin with the Father having custody of the Child on Labor Day in 1999. D. MOTBER'S DAY/FATHER'S DAY: Unless otherwise agreed by the parties, the Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Until the Child begins school, both parties shall be entitled to have extended periods of custody with the Child for 3 non-consecutive weeks each year upon providing 30 days advance notice to the other' party. The party who provides notice first shall be given preference in his or her selection of periods of custody under this provision. After the Child begins school, the parties shall schedule periods of custody under this provision during the summer school break. 5. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, J. cc: Samuel L. Andes, Esquire - Counsel for Father _K , ?,,n?G,( 9I/o?4q• Sandra L. Meilton, Esquire - Counsel for mother ,?,,p MICHAEL D. MATTER, Plaintiff VS. TAWNYA L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3302 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT.' IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trenton Anthony Matter April 11, 1996 Mother 2. A Conciliation Conference was held on September 1, 1999, with the following individuals in attendance: The Father, Michael D. Matter, with his counsel, Samuel L. Andes, Esquire, and the Mother, Tawnya L. Smith, with her counsel., Sandra L. Meilton, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ok_ h? a , / 9 9 9 ??^e?? •? Date Dawn S. Sunday, Esquire Custody Conciliator MICHAEL D. MATTER IN TI IE COURT OF COMMON PLEAS OF PLAINTIFF CUMI3ERI,AND COUN'T'Y, PENNSYLVANIA V. TAWNYA L. SMITH DEFENDANT 99-3302 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 17th day of November , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 6th day of December , 2000, at 3:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq.4P Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE- THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL. HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :.., ,_.,, ,???r'i?i ';(i:,?l i,,; - _„ !!,'\IL? l1•?•CL? l??• Cd'fJ /L?tpli??c?' ? '?n ?5???L-???? MICHAEL D. MATTER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TAWNYA L. SMITH, NO. 99-3302 CIVIL TERM Defendant/Respondent : IN CUSTODY RDE OF COURT AND NOW, this day of , 2000, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esquire, the conciliator, at , on the day of , 2000, at o'clock m. for a Pre-Hearing Custody Conference. At such conference an effort will be made to resolve the issues in dispute and narrow the issues to be heard by the Court and to enter into a temporary Order. Either party may bring the Child who is the subject of this custody action to the conference, but the Child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 MIC14AEL D. MATTER, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TAWNYA L. SMITH, : NO. 99-3302 CIVIL TERM Defendant/Respondent : IN CUSTODY PMTIQN FOR MODIFICATION OF CUSTODY AND NOW, conies Petitioner, Michael D. Matter, by and through his legal counsel of record, Marylon Matas, Esquire, and the law firm of Grif6e & Associates petitions the Court as follows: Your Petitioner is the above-named Plaintiff, Michael D. Matter, an adult individual currently residing at 47 Townhouse, Hershey, Dauphin County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Tawnya L. Smith, all adult individual currently residing at 208 South 19"' Street, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Trenton Anthony Matter, bom April 11, 1996. 4. The parties are subject to an Order of Court, dated September 9, 1999, relative to the custody of their child, a copy of which attached hereto and incorporated herein by reference as Exhibit "A." 5. Since the entry of die prior Order, the child has continued to reside in Cumberland County thus providing this Court with ongoing jurisdiction of these proceedings. 6. The current custody provision is essentially an equally shared arrangement, with the exception of two overnight periods of physical custody every other week. 7. Petitioner is at least as capable as Respondent, if not better, to properly care for the child. 8. Petitioner is at least as available as Respondent to care for their child. 9. Petitioner believes and, therefore, avers it is in the best interest and permanent welfare of the child for the parties to equally share physical custody of the child, on a week on, week off schedule. WHEREFORE, Petitioner requests your Honorable Court to modify the prior Order of Court in this matter and provide him with shared physical custody of the child Respectfully submitted, `)4," ,, 71 U0 Maryatas, Esquire Attorney for Petitioner/Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VGRIOCATION 1 verify that the statements made in the foregoing document arc true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa,C.S. Section 4904, relating to tnlsworn falsifications to authorities. DATE: '/ --l- v _ / e 41CHAEL D. MATTER ctitioner/Pla ntiff MICHAEL D. MATTER, Plaintiff VS. TAWNYA L. SMITH, Defendant ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3302 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this '7*-_t4? day of a ?1Ir u r,, u_ . , 1999, upon consideration of the attached Custody Con ,list(on Report, it is ordered and directed as follows: 1. The Father, Michael D. Matter, and the Mother, Tawnya L. Smith, shall have shared legal custody of Trenton Anthony Matter, born April 11, 1996. Accordingly, 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. 2. The parties shall have physical custody of the Child in accordance with the following bi-weekly schedule: A. WEER I: The Father shall have custody of the Child during Week It beginning Wednesday, September 1, 1999, from Wednesday after daycare through Friday morning, when the Father shall return the Child to daycare. B. WEER II: The Father shall have custody of the Child during Week II, beginning Friday, September 10, 1999, from Friday after daycare through the following Monday morning when the Father shall return the Child to daycare. C. The Mother shall have custody of the Child under the bi-weekly schedule at all times not otherwise specified above for the Father. 3. The parties shall share or alternate having custody of the child over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from December 22 at 6:00 p.m. through Christmas Day at 6:00 p.m., and Segment B, which shall run from Christmas Day at 6:00 p.m. through December 28 at 6:00 p.m. The mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. EXHIBIT "A" B. THAMMIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day at 6:00 P.m., and Segment B, which shall run from Thanksgiving Day at 6:00 p.m. through the following Friday at 6:00 p.m. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child on New Years Day, Easter, Memorial Day, July 4th, and Labor Day with the specific times to be arranged by agreement of the parties. The alternating holiday schedule shall begin with the Father having custody of the Child on Labor Day in 1999. D. MOTHER'S DAY/FATHER'S DAY: Unless otherwise agreed by the parties, the Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Until the Child begins school, both parties shall be entitled to have extended periods of custody with the Child for 3 non-consecutive weeks each year upon providing 30 days advance notice to the other party. The party who provides notice first shall be given preference in his or her selection of periods of custody under this provision. After the Child begins school, the parties shall schedule periods of custody under this provision during the summer school break. 5. 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 terns of this Order shall control. TRUE COPY FROM RECORD ,stimony t•h rrof, I inn., unto set my hand e>>d 1he seal of sad Court at Carlisle, Pa. This .....? .. (ld?'.ay of..-s•?/?y it...., opd Prothonotary BY THE COURT, ?5?4 r 1 - j J. cc: Samuel L. Andes, Esquire - Counsel for Father Sandra L. Meilton, Esquire - Counsel for Mother MICHAEL D. MATTER, Plaintiff Va. TAWNYA L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 99-3302 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY.REPORT IN ACCORDANCE WITH CUMERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trenton Anthony Matter April 11, 1996 Mother 2. A Conciliation Conference was held on September 1, 1999, with the following individuals in attendance: The Father, Michael D. Matter, with his counsel, Samuel L. Andes, Esquire, and the Mother, Tawnya L. Smith, with her counsel, Sandra L. Meilton, Esquire. 3. The parties agreed to entry of an order in the form as attached. 1?-1 /999 Date Dawn S. Sunday,L-Esquire I Custody Conciliator C7 C, b-' -- ' n t D ^- ?-lid C! n U MICHAEL D. MATTER, Plaintiff V. TAWNYA L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3302 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND,NOW, this 6"' day of December, 2000, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that she mailed a certified and true copy of a Petition for Modification of Custody to the Defendant, Tawnya L. Smith, at South 19" Street, Camp Hill, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on December 1, 2000. Ifla' a.) Sworn and subscribed to before me this &11 day of 2000. r tl4 '/ t ' t o NOTARY UBLIC Notarial Seal Kariss J. Lohman, Notary Public Carlisle Boro. Cumbe= coumy My Commission Expires Aug. 25.20"j' MarylotrMatas, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ¦ Complete Items 1, 2, and 3. Also comptele item 4 If Restricted Dellvery is desired. a Print your name and address on the reverse so that we can return the card to you. o Attach this card to the back of the mailplece, or on life front if space permits. A. Received by (Please Print Clearly, ate of v T CC..?Signat ,,? ,?i ? A4T D. Is delivery addra Iflarent from Ite ? C(Y8s i It YES, enter de Wry address below: ?/7 CQ lN/) 171 ?I 17611 3. Se ice Type i Mall ? Express Mail e .. l . ? ster R gi ? Registered ? Return Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) es a 2. Article Number (Copy !mm service Iabe/J _ 7`M d(t4? ruu i??b 08(x'( 'PS Form 3811, July'19gg Domestic Return Receipt 102595-004-0952 I Artlcle/dcressed to: 71.4. 0. L .?n1C7T1 S Iq6 Sf C3 Ratilncled Delivery Fee me l R E C3 O nGOroomen agm ) ( C3 ReN q irk Nuru lProese Pnn ??yl (,m1 I/? c?mp rrrro n, mmm0 ... . O r Tore. ZIP.. ^ l.' r or, 0 CD /! ?r GC1l1?S . ? Poswge b P?,\SLE p? Loniliae FF?n osl Z(j ? m?? Return Fettipt Fee H, 3O IEnrlorsemam RepwreEl d l7 Told Po.bgaa Fes $ e USpO Y CD 1-- UJ t-`L; : ? YL C. ' ltll L : T] C' - f S Y ? z .3 Qy ZM.'7 >+ > 44 44 C 9 Zg OO E ( E V A.i ,ii m g mo p ? I ?.,? W ,u 0 a W CHI a d ? H (n >+ H 9 3 ? V V w W O H Z ? ? g ? E E H JL(-, z o I[Q) ,,; MICHAEL D. MATTER, Plaintiff VS. TAWNYA L. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3302 CIVIL TERM : CIVIL ACTION - LAW . IN CUSTODY ORDER OF COURT AMID NOW, this 77' day of De-e. cr , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court dated September 91 1999 is vacated and replaced with this order. 2. The Mother, Tawnya L. Smith and the Father, Michael D. Matter, shall have shared legal custody of Trenton Anthony Matter, born April 11, 1996. 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. 3. The parties shall share having physical custody of the Child on an alternating weekly basis, beginning with the Father having custody on Friday, January 5, 2001. When the Father is receiving custody of, the Child, the time for exchange shall be Friday at 5:30 p.m., and when the Mother is receiving custody of the Child, the exchange time shall be Friday at 8:15 a.m. The parties shall cooperate in adjusting the custody schedule as necessary to accommodate the Mother's day off from work which may occasionally fall on a day other than Friday. The exchanges of custody shall take place at the mother's residence, unless otherwise agreed between the parties. Before beginning the alternating weekly schedule on January 5, 2001, the Father shall have custody of the Child from December 14 through Christmas Day at 6:00 p.m. and the Mother shall have custody from Christmas Day at 6:00 p.m. through January 5, 2001. 4. The parties shall continue to share or alternate having custody of the Child over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from December 22 at 6:00 p.m. through Christmas Day at 6:00 p.m., and Segment B, which shall run from Christmas Day at 6:00 p.m. through December 28 at 6:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during segment B in even numbered years. The Father shall have custody of the child during Segment A in even numbered years and during Segment B in odd numbered years. ?l ?r. ` ? ?=; , - . ? ; ,, -? .i I`. .; ,j. ` .. `1 r,; L(,.. ;i l? i ,. ," i' -? ` f?` I?.. f ''' ?? `. . { l? i 1 i ,. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day at 6:00 p.m., and Segment B, which shall run from Thanksgiving Day at 6:00 p.m. through the following Friday at 6:00 p.m. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child on New Years Day, Easter, Memorial Day, July 4th, and Labor Day with the specific times to be arranged by agreement of the parties. D. MOT4 1§ DAY/FATHER'S DAY: Unless otherwise agreed by the parties, the Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall use the same day care provider (Tender Loving Care) as a general rule during his or her periods of custody, with occasional exceptions for illness or special occasions. The parties agree, however, that the Child's routine shall be to attend day care. 6. The parties agree that the Child shall be enrolled in kindergarten for the school year 2001-2002, at Tender Loving Care on St. Johns Road, unless the parties agree otherwise. 7. After following the alternating weekly custody schedule for a period of at least 3 months from the date of this order, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary to review the custody arrangements. B. 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. cc: Marylou Matas, Esquire - Counsel for Father Jeffrey R. Boswell, Esquire - Counsel for Mother BY THE COURT. MICHAEL D. MATTER, Plaintiff Vs. TAWNYA L. SMITH, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3302 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trenton Anthony Matter April 11, 1996 Mother/Father 2. A Conciliation Conference was held on December 14, 2000, with the following individuals in attendance: The Father, Michael D. Matter, with his counsel, Marylou Matas, Esquire, and the Mother, Tawnya L. Smith, with her counsel, Jeffrey R. Boswell, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquire(/ Custody Conciliator MICHAEL D. MATTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. TAWNYA L. SMITH DEFENDANT 99-3302 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, November 22, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 17, 2002 at 1:00 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 live 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 (tearing. FOR THE, COURT, By: /s/ Dawn S. Sunday}Esq, tv Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?.: OIr.AY 02 NOV ?.? Pit 3: L7 Wmt -L lj:? lU COUNTY PCNNSYLVAN A e4 /l • as •o? l'? ,?,? ? ? c??. MICHAEL D. MATTER, IN THE COURT OF COMMON PLEAS OF NOV 15 2002 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TAWNYA L. SMITH, NO. 99-3302 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW this day of 2002, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esquire, the Custody Conciliator, at 39 West Main Street. Mechanicsburg, Cumberland/ County, Pennsylvania, on the day of 2002, at _ o'clock _.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issue to be heard by the Court, and to enter into a temporary Order. All children age five (5),or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, By:, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MICHAEL D. MATTER, Plaintiff V. TAWNYA L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW NO. 99-3302 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION .ILCD t O 1 C 11 r'MN L Petitioner is the above named Plaintiff, Michael D. Matter, an adult individual currently residing at 109 Woodland Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Tawnya L. Smith, an adult individual currently residing at 38 Campbell Place, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Trenton Anthony Matter, born April 11, 1996. 4. The parties are subject to an Order of Court, dated December 27, 2000, a copy of said Order being attached hereto and incorporated herein by reference as Exhibit „A„ 5. Since the entry of the aforementioned Order, the child has continued to reside in Cumberland County, thus providing this Court with ongoing jurisdiction of these proceedings. 6. The parties abide by the provisions of the aforesaid Order, sharing physical custody of the child on an alternating weekly basis. 7. Since the entry of the aforesaid Order, Respondent's circumstances have changed so that Petitioner believes, and therefore avers, that it is in the best interest of the child for him to exercise primary physical custody of the child. 8. At the time of the entry of the aforesaid Order, Respondent resided with her parents in Camp Hill and the child attended daycare in the area where she resided. 9. To better facilitate a shared physical custody arrangement and provide consistency and stability for the child, Petitioner moved his residence from Hershey to New Cumberland, purchasing a home there. 10. Since the entry of the aforesaid Order, Respondent has moved herself and the child several times, the most recent move occurring on or about November 4, 2002. 11. On or about November 4, 2002, Respondent was found guilty of her second DUI offense. 12. Due to Respondent's failure to obey the law, her license to drive was suspended for one year, she is on home monitoring for ninety days, and is on probation for twenty months following the home monitoring. 13. Respondent has terminated her regular employment and now works two part time jobs at the mall, presumably working evenings and weekends regularly, thus restricting the time she is available to care for the child. 14. Respondent currently resides with her elderly grandparents and is dependent on others for transportation. 15. Petitioner is concerned about the child's safety and welfare while in Respondent's physical custody. 16. It is in the best interest and permanent welfare of the child to provide Petitioner with primary physical or residential custody of the child. WHEREFORE, Petitioner requests your Honorable Court to schedule a Custody Conciliation Conference, at which time an Order should be entered providing him with primary physical or residential custody of the child. Respectfully i mitted, ///n/ r a4o Maryl tas, Es uire GRIFFIE_y ASSOCIATES 200 N. Hanover Street Carlisle, PA 17013 (717) 243-5551 I verify that the statements made in this Complaint arc true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: // /J _?)Z MICHAEL D. MATTER, Plaintiff Vs. TAWNYA L. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3302 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ? day of ?bf Z r 70000,t ., ffi consideration of the attached Custody Conciliation Report, it is orde and directed as follows: 1. The prior Order of this Court dated September 91 1999 is vacated and replaced with this Order. 2. The Mother, Tawnya L. Smith and the Father, Michael D. Matter, shall have shared legal custody of Trenton Anthony Matter, born April 11, 1996. 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. 3. The parties shall share having physical custody of the Child on an alternating weekly basis, beginning with the Father having custody on Friday, January 5, 2001. when the Father is receiving custody of the Child, the time for exchange shall be Friday at 5:30 p.m., and when the Mother is receiving custody of the Child, the exchange time shall be Friday at 8:15 a.m. The parties shall cooperate in adjusting the custody schedule as necessary to accommodate the Mother's day off from work which may occasionally fall on a day other than Friday. The exchanges of custody shall take place at the Mother's residence, unless otherwise agreed between the parties. Before beginning the alternating weekly schedule on January 5, 2001, the Father shall have custody of the Child from December 14 through Christmas Day at 6:00 p.m. and the Mother shall have custody from Christmas Day at 6:00 p.m. through January 5r 2001. 4. The parties shall continue to share or alternate having custody of the Child over holidays as follows: A. C11RISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from December 22 at 6:00 p.m. through Christmas Day at 6:00 p.m., and Segment B, which shall run from Christmas Day at 6:00 p.m. through December 28 at 6:00 p.m. The Mother shall have custody of the child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. EXHIBIT "A" B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment AT which shall run from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day at 6:00 p.m., and Segment B, which shall run from Thanksgiving Day at 6:00 p.m. through the following Friday at 6:00 p.m. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child on New Years Day, Easter, Memorial Day, July 4th, and Labor Day with the specific times to be arranged by agreement of the parties. D. MOTHER'S DAY/FATHER'S DAY: Unless otherwise agreed by the parties, the Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. Each party shall use the same day care provider (Tender Loving Care) as-- a general rule during his or her periods of custody, with occasional exceptions for illness or special occasions. The parties agree, however, that the Child's routine shall be to attend day care. 6. The parties agree that the Child shall be enrolled in kindergarten for the school year 2001-2002, at Tender Loving Care on St. Johns Road, unless the parties agree otherwise. . 7. After following the alternating weekly custody schedule for a period of at least 3 months from the date of this order, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary to review the custody arrangements. B. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 10A1. ^_n 'Kevin A. Hess, J, cc: Marylou Matas, Esquire - Counsel for Father TRUE COPY FROM RECORD Jeffrey R. Boswell, Esquire - Counsel for Mothe Le Tos;!!saW whereol . (h(ir® unto P hand ` the '°? of said rt 3I Car Ei sie. Pa. a Prothnnnfwn MICHAEL D. MATTER, Plaintiff vs. TAWNYA L. SMITH, Defendant PRIOR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3302 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF C= PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CMUU24MY IN CUSTODY OF Trenton Anthony Matter April 11, 1996 Mother/Father 2. A Conciliation Conference was held on December 14, 2000, with the following individuals in attendance: The Father, Michael D. Matter, with his counsel, Marylou Matas, Esquire, and the Mother, Tawnya L. Smith, with her counsel, Jeffrey R. Boswell, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, EsquireV Custody Conciliator 1 I =' MP .E +?- -a C14 0 96 41 ri „q w 41 r o Z ?l 04 2 qq a ( E- U a `"t `roa 0 4 Z .° n N 1 ? ? E ZZ H? DEC 2 7 l(&, MICHAEL D. MATTER, Plaintiff VS. TAWNYA L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3302 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this L "1 day of ?2. e:; , 2002 x upon consideration of the attached Custody Conciliation Report, itis owed and directed as follows: 1. The parties shall submit themselves, their minor child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Georgie Anderson or other professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs and interests of the Child. Through Phase I, of the evaluation, the Father shall be responsible to pay the costs initially, with the Mother being responsible to pay the final $500. of the total cost. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information pertaining to the parties or the Child. The parties shall cooperate in completing the evaluation as expeditiously as possible. 2. Within 60 days of completion of Phase I of the evaluation, counsel for either party may contact the Conciliator to schedule an additional Conciliation Conference if necessary. 3. Pending further Order of Court or Agreement of the parties, the prior Order of this Court dated December 27, 2000 shall continue in effect. 4. 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. ecVMarylou Matas, Esquire - Counsel for Father ,/Joan Carey, Esquire - Counsel for Mother ? RKs of-oa-o3 BY THE COURT, O3 !."rI -( A'il II: nC, PEP! :6yii,' MICHAEL D.. MATTER, Plaintiff Vs. TAWNYA L. SMITH, Defendant PRIOR JUDGE: KEVIN A. HESS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3302 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trenton Anthony Matter April 11, 1996 Mother/Father 2. A Conciliation Conference was held on December 17, 2002, with the following individuals in attendance: The Father, Michael D. Matter, with his counsel, Marylou Matas, Esquire, and the Mother, Tawnya L. Smith, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Quo,. hr.? J-3, 36a Date Dawn S. Sunday, Esquire Custody Conciliator