HomeMy WebLinkAbout10-3848JANE ADAMS
ATTORNEY AT LAW
Attorney I.D. No. 79465
17 W. South St.
Carlisle, Pa. 17013
(717) 245-8508
esgadams@gmail.com
MERLE E. MATTHEWS, JR.
Plaintiff
vs.
ARIKA B. MATTHEWS,
Defendant
1. Plaintiff is Merle E. Matthews, Jr., (hereinafter "Father"), who currently resides
at 1231 McCabe Road, Landisburg, Perry County, Pennsylvania, 17040.
2. Defendant is Arika B. Matthews, (hereinafter "Mother"), whose current
address is 240 Big Spring Road, Newville, Cumberland County, Pennsylvania, 17241.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 16- 3 ?'W Civil Term
IN CUSTODY
CUSTODY COMPLAINT
2010 ,lip 'd I I Ai ? 11: 4,
CUM , ; :_ , t')%NTY
3. Plaintiff is the Father of the following children and seeks a custody order
regarding the following children:
NAME
DOB/AGE
ADDRESS
Courtney Matthews
Jacob Matthews
Aaron Matthews
July 7, 1999 (10)
March 5, 2003 (7)
June 25, 2004
240 Big Spring Road
Newville, Pa. 17241
240 Big Spring Road
Newville, Pa. 17241
240 Big Spring Road
Newvillw, Pa. 17241
Mother and Father were married September 23, 2000, and were divorced in
2009. Mother currently has primary physical custody of the children.
?y3S?3
During the past five years, the children have resided with the following persons
and at the following addresses:
NAME ADDRESSES DATES
Arika B. Matthews 240 Big Spring Rd 2007 - present
Newville, Pa. 17241
Arika B. Matthews 504 Dum Road 2005 - 2007
Merle E. Matthews Elliotsburg, Pa. 17024
The mother of the children is Arika B. Matthews. She currently resides in
Newville with the children. She is divorced from Father.
The father of the children is Merle E. Matthews. He currently resides at 123
McCabe Road, Landisburg, Perry County, Pa. He is divorced from Mother.
4. The relationship of plaintiff to the children is that of Father. The plaintiff
currently resides with his daughter, from another relationship.
5. The relationship of defendant to the children is that of Mother. The
defendant currently lives with the children.
6. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the children in this or another court other than
as follows: The parties' divorce was filed in Perrv Countv. and a custodv Order was
entered in Perry County in 2007. The parties now agree to proceed in Cumberland
County regarding Father's request for a modification of the Perry County Order.
Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or any other state.
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with
respect to the children.
7. The best interest and permanent welfare of the children will be served by
granting the relief requested because: The parties' divorce was filed in Perry County, and
a custody Order was entered in Perry County in 2007. Under the prior Order, Father
received generally every other weekend with the children. Father is now requesting more
time with the children, as the children are older, the parties' divorce is finalized, and both
parties have moved. Father is requesting substantially more time during the summer
months as well as additional time during the school year. Mother now lives in Cumberland
County. The parties agree to proceed in Cumberland County regarding Father's request
for a modification of the Perry County Order. Father's request would be in the best interest
of the children, as it would ensure regular and ongoing contact with both parents.
8. Each parent whose parental rights to the children have not been terminated
and the person who has physical custody of the children has been named as parties to
this action.
WHEREFORE, Plaintiff requests the court to enter a custody order regarding the
children.
Respectfully submitted,
Date: l C) ` 6
4Xfe Adams, Esquire
. No. 79465
7 W. South St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statements made in this Custody Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date:
Merle . Matthews, Jr., Plain
MERLE E. MATTHEWS, JR IN THE COURT OF COMMON PLEAS OF
P[..AtNTIFF CUMBERLAND COUNTY, PENNSYLVANIA
~ 2010-3848 CIVIL ACTION LAW ° i
ARIKA 13. MATTHEWS t x
IN CUSTODY tv
DL:F[;NDANT
!~ ~ i
ORDER OF COURT o
c.~
AND NOW, ,~ Monday, June 21, 2010 ,upon consideration of the attached Complaint, ~,
it is 1}ereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator,
at 4th Floor ,Cumberland County Courthouse, Carlisle on Friday, July 09, 2010 at _2`00 PN~
for aPre-Flearing Custody Conference. At such conference, an effort will be made to resoh~e the issues in dispute; o~
if this cannot be accomplished, to defne and narrow the issues to be heard by the court, and to enter into a temporary
order. Faihu-e to appear at the conference may provide grounds for entry of a tempora-ti~ or permanent. order.
The court hereby directs the parties to furnish any and alt existing Protection from Abuse orders, ',
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR. THE COURT,
By: /s/ Hubert X. G11ro Es .
Custody Conciliator
1'he 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. 1F YOU DO NOT
HAV>= AN A"f"I~ORNEY OR CANNOT AFFORD ONE, GO TO UR TELEPHONE THE OFFICE SE"T
F<)RTI-1 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
~~~1 ~~D 32 South Bedford Street
CQ/Z'-!. `~~ h,Litt~ ~ MI-f J Q J, Carlisle, Pennsylvania 17013
~~r rr-a1,~ ''~/ ~7~cLsts Telephone (7l7) 249-3166
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JUL 0 7 2010
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5
MERLE E. MATTHEWS, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW h.,
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ARIKA B. MATTHEWS, NO. 2010-3848 ~~' ~~ ~:_-- ~~_'
Defendant IN CUSTODY ~ ~ ' ' `~`_
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-~-
COURT ORDER ~= `~-_
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NOW, this " `'
day of July, 2010, upon consideration of the attached` Cu§tody -"`
Conciliation Report, it is ordered and directed as follows:
1. The prior order of court issued in this case at Perry County Docket No. 2007-247, a
copy of which is attached hereto and marked Exhibit `A' is hereby made an order of
court and recorded in Cumberland County and effective as a custody order in this
case.
2. The existing custody order as noted in paragraph 1 is modified as follows:
A. During the summer of 2010, father's periods of temporary custody shall be
as follows:
i. From July 16 through July 23.
ii. From July 30 through August 3.
iii. From August 12 through August 16.
B. For the period of custody in subparagraph (i) above from July 16 to July 23,
if father is working during a weekday on that week, he shall take the children
to the Kindercare Daycare Center in Enola. If father is off work, the children
may stay with the father or his designated care giver. For the other two
periods of custody set forth in paragraph (ii) and (iii) above, father shall
determine on his own where the children shall be in the event father is
working.
3. Consistent with the prior arrangements of the parties, if father's weekend visitation
during the school year occurs on a weekend where the children are off school on
Monday, father's periods of custody shall continue over Sunday night into Monday.
4. Both parties reserve the right to have a third party handle transportation for exchange
of custody.
5. The parties will work themselves to attempt to work out an amicable resolution of
the issue of the Christmas holidays for the future.
BY THE COURT,
Judge
cc: '~ Jae Adams, Esquire
~ Carol Lindsay, Esquire
~-O'~ t £S rr1~ t t4~
~' $~iv
j
MERLE E. MATTHEWS, JR.,
Plaintiff
vs.
ARIKA B. MATTHEWS,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2010-3848
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Courtney Matthews, born July 7, 1999, Jacob Matthews, born March 5, 2003
and Aaron E. Matthews, born June 25, 2004.
2. A Conciliation Conference was held on July 1, 2010, with the following individuals
in attendance:
'The father, Merle E. Matthews, Jr., with his counsel, Jane Adams ,Esquire
and the mother, Arika B. Matthews, with her counsel, Carol Lindsay, Esquire.
3. Upon the strong recommendation of the Conciliator, the parties agree to the entry of
an Order in the form as attached.
Date: July ~, 2010
Hubert X` Gil y, Esquire
Custody C ciliator
11
MERLE E. MATTHEWS, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v 2010-3848 CIVIL ACTION - LAW
NARIKA B. MATTHEWS,
Defendant IN CUSTODY
PRIOR JUDGE: Albert H. Masland
COURT ORDER
AND NOW, this -21 day of ?&e -t 4?e/ , 2011, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of July
8, 2010, which incorporated a prior Order from Perry County Court, shall continue in effect subject to
the following modifications:
For the Christmas holiday of 2011, father shall have custody of the minor children from
noon on December 24 until 2:00 p.m. on December 25. Mother shall have custody from
2:00 p.m. on December 25 through 5:30 p.m. on December 27. Father shall have
custody again at 5:30 p.m. on December 27 through 5:30 p.m. on December 30.
Mother shall have custody the weekend of December 30.
2. For future Christmas holidays and unless agreed otherwise by the parties, the
following schedule shall control:
A. In odd numbered years father shall have custody of the children from
December 24 at 2:00 p.m. through December 25 at 2:00 p.m. and mother shall
have custody from December 25 at 2:00 through December 26 at 2:00 p.m. In
even numbered years, that schedule shall alternate. Additionally, the parties
shall communicate with each other for the remainder of the Christmas vacation
with the children to share that vacation time subject to the parties' work
schedule. The parties shall agree upon that schedule on or before December 1
of each year.
5
3. For summer vacations, the parties shall work out a schedule on or before May 1 of each
year to arrange a summer vacation schedule that results in each party having 50150
custody of the minor children. Additionally, if the parties are planning a vacation to
take the children out of town, they shall notify the other parent as to which week they
desire that vacation time as soon as they are aware, with the person notifying first
having priority. In the event the parties are unable to reach an agreement on a summer
vacation, the following schedule shall apply:
Starting the Friday after school ends for the children, the schedule shall be
week on/week off with father starting custody on the Friday after the children
finish school.
BY THE COURT,
Albert H. Masland, Judge
cc: Jane Adams, Esquire
?? Marylou Matas, Esquire
C: -n
_D
? C
MERLE E. MATTHEWS, JR.,
Plaintiff
v
NARIKA B. MATTHEWS,
Defendant
PRIOR JUDGE: Albert H. Masland
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2010-3848 CIVIL ACTION - LAW
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Courtney Matthews born July 7, 1999, Jacob Matthews, born March 5, 2003, and
Aaron Matthews, born June 25, 2004.
2. A Conciliation Conference was held on December 16, 2011, with the following
individuals in attendance:
The father, Merle E. Matthews, Jr., with his counsel Jane Adams, Esquire, and the
mother, Arika B. Matthews, with her counsel, Marylou Matas, Esquire.
3. The parties agree to the entry of an Order in the form as attached..
Date: December 2011
Hubert X. Gilroy, E;
Custody Conciliator