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Home My WebLink About02-0488MARK R. MATHEWS, Plaintiff V. JILL B. MATHEWS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. NO. CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT You, Jill B. Mathews, Defendant, have been sued in Court to obtain custody, partial custody or visitation of the children: Mark R. Mathews, Jr. and John B. Mathews. You are ordered to appear in person at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania, on the __ day of , 2002 at o'clock .m. You are further ordered to bring with you the children: Mark R. Mathews, Jr. and John B. · Mathews. If you fall to appear as provided by this Order or to bring the children, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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 BY THE COURT: MARK R. MATHEWS, : Plaintiff : : V. : JILL B. MATHEWS, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Mark R. Mathews, residing at 1512 Letchworth Road, Camp Hill, Pennsylvania 17011. 2. The Defendant is Jill B. Mathews, at 205 Old York Road, Apt. 7, New Cumberland, Pennsylvania 17070. 3. Plaintiff seeks primary physical custody of the following children: NAME Shared Custody: Mark R. Mathews, Jr. PRESENT RESIDENCE John B. Mathews D.O.B. 1512 Letehworth Road 06-15-87 Camp Hill, Pennsylvania (Father) and 205 Old York Road, Apt. 7 10-I 7-88 New Cumberland, Pennsylvania (Mother) The children were not bom out of wedlock. The parents of the children are presently sharing custody at the following addresses: 1512 Letchworth Road, Camp Hill, Pennsylvania (Father) and 205 Old York Road, Apt. 7, New Cumberland, Pennsylvania (Mother). During the past five years, the children have resided with the following persons and at the following addresses: NAME Shared Custody: Mark R. Mathews (Father) Mark R. Mathews (Father) Mark R. Mathews (Father) Jill B. Mathews (Mother) RESIDENCE DATE 128 West Chocolate Avenue 08/97 - 07/98 Hershey, Pennsylvania 1124 Columbus Avenue, Apt. 3 Lemoyne, Pennsylvania 1512 Letehworth Road 07/99 - Present Camp Hill, Pennsylvania 205 Old York Road, Apt. 7 08-97 - Present New Cumberland, Pennsylvania 07/98 - 07/99 The mother of the children is Jill B. Mathews, currently residing at 205 Old York Road, Apt. 7, New Cumberland, Pennsylvania. She is divorced. The father of the children is Mark R. Mathews, currently residing at 1512 Letchworth Road, Camp Hill, Pennsylvania. He is divorced. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following person/persons: NAME RELATIONSHIP Mark R. Mathews, Jr. Son John B. Mathews Son o currently resides with the following person/persons: NAME Mark R. Mathews, Jr. John B. Mathews The relationship of Defendant to the children is that of mother. The Defendant RELATIONSHIP Son Son 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. A prior action was filed in this matter in the Court of Common Pleas, York County, Pennsylvania, indexed to number 97-SU- 04192-03. A copy of the existing Order is attached hereto marked Exhibit "A" Since July of 1998, the Plaintiff and the minor children when exercising his periods of custody have resided in Cumberland County and the children have continuously attended schools in Cumberland County even prior to the separation of the parties. 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. Since the date of the entry of the existing Order, circumstances have changed warranting that the Plaintiff be awarded primary physical custody of the minor children. The Defendant has been on parole for a prior drug violation and has had incidents of failure to appear in court and failure to pay fines and costs, which has caused her subsequent incarcerations, and in addition, the lifestyle of the Defendant and the accommodations provided for the children are unstable and unsuitable. 8. The best interest and permanent welfare of the children will be served by granting the relief requested. 9. 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, the Plaintiff, Mark R. Mathews, requests the court to grant primary physical custody of the minor children, Mark R. Mathews, Jr. and John B. Mathews, to him. JAMES, SMITH, DURKIN & CONNELLY LLP By: Pos'VOl650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verity that the statements made in this Pleading are tree and correct. I 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: EXHIBIT "A" MARK R. MATHEWS, Plaintiff V. JILL B. MATHEWS, Defendant IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 97-SU-04192-03 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Zo /'A'day of J~,~zzr~, , agreement of the parties and Stipulation attached hereto, entered: 1999 bas~ ui:~on ?an the following OrdeFis The parties shall enjoy shared legal and physical custody of the minor children, Mark R. Mathews, Jr., born June 15, 1987, and John B. Mathews, born October 17, 1988, as follows: 1. Plaintiff/Father shall have the minor children on Monday and Tuesday of each week, and Defendant/Mother shall have the minor children on Wednesday and Thursday of each week. 2. The parties shall alternate weekends from Friday until Monday morning when the children shall be returned to school or, during the summer months, to Father's residence or to a location design'ated by Father. The exchange times shall be at a convenient time agreed upon by the parties. 3. The parties shall alternate the following holidays: E_~c+~-,. Memorial Day, July Fourth, Labor Day, and Thanksgiving. The first holiday in 1999 shall be_Ea~t~- which shall be the Father's holiday. The schedule will then rotate in exactly the opposite fashion beginning with the Easter 2000 holiday. 4. The parties shall divide the Christmas holiday on an equal basis as follows: Segment A shall be from 12:00 Noon Christmas Eve Day until 12.:00 Noon Christmas Day, and Segment B shall be from 12:00 Noon Christmas Day until 12:00 Noon December 26. Mother shall have Segment A in 1999 and the parties shall alternate the segments on an annual basis. ~ 5. Mother's Day with Mother and Father's Day with Father regardless of the weekend schedule. 6. Each party shall be entitled to two (2) weeks vacation with the children upon thirty (30) days written notice. The said weeks shall be taken separately. 7. Any other times mutually agreed upon by the parties. BY THE COURT: JUDGE C ~c~ Z MARK R. MATHEWS : : PLAINTIFF : V. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-488 CIVIL ACTION LAW JILL B. MATHEWS DEFENDANT : 1N CUSTODY AND NOW, Monday, February 04, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greev~, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, March 04, 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 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: /s/ Melissa P. Greevy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 APR08200~ ~ MARK R. MATHEWS, Plaintiff JILL B. MATHEWS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-488 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~w-'- day of ~ , 2002, upon consideration of the attached Custody Conciliation Summa~ Report, it is hereby ordered and directed as follows: 1. Deborah L. Salem, MHS, CAC, is hereby appointed by the Court to provide therapeutic family counseling to the parties and their children and to assist the parties in determining an appropriate custodial arrangement for the children. The parties shall sign all necessary releases and authorization for Ms. Salem to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing the services in a timely fashion and in the scheduling of appointments. To the extent that these costs are not reimbursed by medical insurance, both parties shall contribute 50% of the cost of these services. Both parties reserve the right to seek reallocation of the unreimbursed expense based on earning capacities. 2. This Order is temporary in nature. If within thirty (30) days of the date of the Report from Deborah Salem either party may request to reconvene the Custody Conciliation Conference via letter from counsel. BY THE~ Dist: ¢..o'~ J. Connelly, Jr., Esquire, PO Box 650, Hershey, PA 17033 .......j~lJehaei Rentschler, Esquire, 1300 Market Street, Suite 200, Lernoyne, PA 17043 MARK R. MATHEWS, : Plaintiff : JILL B. MATHEWS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-488 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 Mark R. Mathews, Jr. John B. Mathews DATE OF BIRTH June 15, 1987 October 17, 1988 CURRENTLYIN THE CUSTODY OF Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on April 2, 2002 pursuant to Father's Petition to Modify Custody filed on January 28, 2002. Attending at the conference were the Father, Mark R. Mathews, and his counsel, John J. Connelly, Jr., Esquire; the Mother, Jill B. Mathews, and her counsel, Michael Rentschler, Esquire. 3. The parties were not able to reach an agreement to modify the custody arrangement as it is presently arranged. However, they did agree to participate in an evaluation in therapeutic family counseling with Deborah Salem of Innerworks. Following the completion of that assessment, the parties agreed that if they wanted the option to return and reconvene the Custody Conciliation Conference before such time as a hearing would be held before the Court. 4. Father's position is that Mother is providing an unsuitable and unstable living arrangement for the boys. Supporting his concern, he cites who occasions wherein Mother has been arrested and taken away in handcuffs in the presence of the children. One occurred in 1999 at which time Mother was incarcerated for a period of approximately four (4) days. The second incident occurred this year when Mother was arrested on a warrant for failure to appear due to a failure to complete the requirements to have her vehicle inspected. Father reports that the boys who are now 14 and 13 years old do not want to continue to reside in a shared custody arrangement. He states that Mother maintains a cluttered and dirty home with the bedrooms so stacked with clothing that the children are not able to sleep in their beds. Father also alleges that the boys have expressed concern that Mother is telling them that she will not be able to survive without receipt of the child support money provided to her by Father if the custodial plan is changed. Father goes on to state that he has been encouraged by the children's therapist, Dr. Hazel Brown, to seek a change in the custodial arrangements. Father has offered to modify the arrangement to provide Mother with custody each Thursday evening and on alternate weekends from Thursday after school until Monday morning. 5. Mother's position on custody is as follows. Mother does not want to make any changes in the present arrangement in which she reports was agreed upon as a result of a custody evaluation done by Dr. Arnold Shienvold approximately four (4) years ago. She states that she has resolved her recent legal problems by paying the appropriate fines and costs. She also states that she is current on the rent at her home. Mother presently works from 11:00 a.m. to 2:00 p.m. four (4) to five (5) days a week and from 8:00 a.m. to $:00 p.m. on one (1) other day per week. She states the schedule makes her more available to spend time with the children when they are out of school. Mother acknowledges that she has had a past history of prescription drug abuse. However, Mother states that she does not attend 12 Step meetings regularly. Mother denies that she has ever made comments to the children related to the financial impact of the potential loss of child support on her life style. 6. The Conciliator makes no recommendations with regard to any modification of the present custodial arrangement. The Order attached reflects the agreement of the parties with regard to the therapeutic counseling services offered through Innerworks and the provision for the parties to return to the Conciliator in an a,,~,emp~t to resolve the matter before referral to the Court. /' ~----'"- ( "~l~e~'~sa Peel Greevy, ~squire / D ~u~t~dy Conciliator :156728 MARK R. MATHEWS, Plaintiff VS. JILL B. MATHEWS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBE~ COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 02488 · IN CUSTODY MOTION TO WITItl)RAW AS COUNSEl, AND NOW, this /;$~TLday of October, 2002, comes Michael D. Rentsehler, Esquire, attorney for Defendant Jill B. Mathews, who files the within Motion of which the following is a statement: 1. The undersigned counsel was retained by the Defendant Jill B. Mathews to represent her at her custody conciliation hearing. The custody matter was not resolved at the custody conciliation hearing and the case was then referred by the conciliator for a custody hearing. 2. After the custody conciliation hearing, the undersigned counsel had some telephone conversations with Defendant. However, since that time, Defendant's home telephone number and her cellular phone have been disconnected and no forwarding telephone numbers are provided. Defendant no longer resides at her previous address at 205 Old York Road, New Cumberland, Pennsylvania. 3. The undersigned counsel has not heard from Defendant since July 2002, and Defendant has not returned the proposed fee agreement for further representation nor paid the retainer. 4. On September 30, 2002, the undersigned counsel received a telephone call from a representative of Inner Works, who, likewise, is unable to contact her, stating that the above- referenced telephone numbers are disconnected. 5. Since the undersigned counsel cannot contact Defendant and since Defendant has not contacted the undersigned counsel, it is impossible to represent Defendant. 6. John Connelly, Esquire, the attorney for the Plaintiff, does not object to the withdrawal of the undersigned counsel from this case. 7. For the above-stated reasons, the undersigned counsel requests that he be permitted to withdraw from the case. WHEREFORE, it is respectfully requested that this Honorable Court grant the within Motion and permit the withdrawal of Michael D. Rentschler as attorney for Defendant Jill B. Mathews in the above case. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE 1300 Market Street, Suite 200 Lemoyne, PA 17043 Supreme Court ID # 45836 (717)975-9129 VERIFICATION I, MICHAEL D. RENTSCHLER, ESQUIRE, verify that the above Motion is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaimiff CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by Regular Mail to the following: John Connelly, Esquire P.O. Box 650 Hershey, Pennsylvania 17033-0650 MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff MARK R. MATHEWS, Plaintiff VS. JILL B. MATHEWS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : : NO. 02488 : : IN CUSTODY RULE AND NOW, this q~r~'day of O ~ ,2002, upon consideration of the within Motion to Withdraw as Counsel for Plaintiff filed by Michael D. Rentschler in the above matter, a Rule is hereby issued upon Jill B. Mathews, to show cause why the Motion to Withdraw should not be granted. Rule returnable I O days from date of service. MARK R. MATHEWS, Plaintiff/Petitioner JILL B. MATHEWS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. NO. 02 - 488 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, Mark R. Mathews, by his attorney, John J. Connelly, Jr., Esquire, and avers as follows: 1. The Petitioner is Mark R. Mathews, who currently resides at 1512 Letchworth Road, Camp Hill, Pennsylvania 17011. 2. The Respondent is Jill B. Mathews, who currently resides at 406 South Market Street, Mechanicsburg, Pennsylvania 17055. 3. The parties are the parents of two minor children: Mark R. Mathews, Jr., date of birth June 15, 1987, and John B. Mathews, date of birth October 17, 1988. 4. The Petitioner filed a Complaint for Custody in the above-captioned action on January 28, 2002. 5. At the present time, the parties share custody. 6. A custody conciliation conference was held on April 2, 2002 and a subsequent Court Order was entered on April 8, 2002 appointing Deborah L. Salem, MHS, CAC from InterWorks to do an evaluation and recommendation regarding custody. A copy of the Order and Custody Conciliation Report is attached hereto and marked Exhibit "A". 7. At the time of the custody conciliation conference, the Respondent represented that she had resolved her legal problems by paying fines and costs. It has come to the Petitioner's attention that the Respondent was charged on December 17, 2001 with fourteen (14) counts of theft by deception (Felony III), and on May 23, 2002, entered a plea of guilty in the Court of Common Pleas, York County, Pennsylvania, on all fourteen (14) felony counts. On the same date, The Honorable John H. Chronister sentenced the Respondent to two (2) months in the York County Prison with a condition that the Respondent would be released on house arrest after two (2) months of her sentence was completed. 8. The Respondent was ordered to report to York County Prison on June 24, 2002 at 8:00 a.m. and failed to appear. On July 11, 2002, a Bench Warrant was issued for her arrest. Said Bench Warrant remains outstanding. A copy of the Criminal Complaint as well as the Docket Entries from the Court of Common Pleas, York County Criminal Division are attached hereto and marked Exhibit "B". 9. On at least three (3) occasions in the past several years, the Respondent has been arrested, handcuffed and taken into custody in front of her children. She has prior convictions for prescription drag fraud and has violated the conditions of her probation on those offenses. 10. It has also come to the attention of the Petitioner that the Respondent is driving without a valid driver's license, insurance or a valid registration for her vehicle. 11. The court appointed evaluator, Deborah L. Salem, MHS, CAC, has completed an interim report, a copy of which is attached hereto marked Exhibit "C". On the last page of her report, Ms. Salem recommends that the Petitioner seek emergency relief through the court to gain primary custody of the minor children based on Ms. Salem's concern that the children should not be exposed to another arrest of their mother. Since a warrant is outstanding, this arrest could occur at any time. The police have appeared at the Petitioner's residence attempting to locate the Respondent. WHEREFORE, Your Petitioner requests that the Court enter an Order attached hereto directing that the Petitioner be granted primary physical custody of the minor children with partial custody rights in the Respondent as established by the Court after hearing in this matter. Respectfully submitted, Date: Jtt0m_.~ ~°r_Pet~i°ner 650 JAMES, SMITH, DURKIN & CONNELLY Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: EXHIBIT "A" APR 0 8 2002 MARK R. MATHEWS, Plaintiff V. JILL B. MATHEWS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-488 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~' day of ~ , 2002, upon consideration of the attached Custody Conciliation Summa Report, it is hereby ordered and directed as follows: 1. Deborah L. Salem, MHS, CAC, is hereby appointed by the Court to provide therapeutic family counseling to the parties and their children and to assist the parties in determining an appropriate custodial arrangement for the children. The parties shall sign all necessary releases and authorization for Ms. Salem to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing the services in a timely fashion and in the scheduling of appointments. To the extent that these costs are not reimbursed by medical insurance, both parties shall contribute 50% of the cost of these services. Both parties reserve the right to seek reallocation of the unreimbursed expense based on earning capacities. 2. This Order is temporary in nature. If within thirty (30) days of the date of the Report from Deborah Salem either party may request to reconvene the Custody Conciliation Conference via letter from counsel. BY THE~ Jo Dist: John J. Conneliy, Jr., Esquire, PO Box 650, Hershey, PA 17033 Michael Rentschler, Esquire, 1300 Market Street, Suite 200, Lemoyne, PA..17043 TRUE' COTY ,F~,OM P.~CORD ' In Testimony whereo I here unto' set mY hand MARK R. MATHEWS, Plaintiff V, JILL B. MATHEWS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-488 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 Mark R. Mathews, Jr. John B. Mathews DATE OF BIRTH June 15, 1987 October 17, 1988 CURRENTLY IN THE CUSTODY OF Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on April 2, 2002 pursuant to Father's Petition to Modify Custody filed on January 28, 2002. Attending at the conference were the Father, Mark R. Mathews, and his counsel, John J. Connelly, Jr., Esquire; the Mother, Jill B. Mathews, and her counsel, Michael Rentschler, Esquire. 3. The parties were not able to reach an agreement to modify the custody arrangement as it is presently arranged. However, they did agree to particiPate in an evaluation in therapeutic family counseling with Deborah Salem of Innerworks. Following the completion of that assessment, the parties agreed that if they wanted the option to return and reconvene the Custody Conciliation Conference before such time as a hearing would be held before the Court. 4. Father's position is that Mother is providing an unsuitable and unstable living arrangement for the boys. Supporting his concern, he cites who occasions wherein Mother has been arrested and taken away in handcuffs in the presence of the children. One occurred in 1999 at which time Mother was incarcerated for a period of approximately four (4) days. The second incident occurred this year when Mother was arrested on a warrant for failure to appear due to a failure to complete the requirements to have her vehicle inspected. Father reports that the boys who are now 14 and 13 years old do not want to continue to reside in a shared custody arrangement. He states that Mother maintains a cluttered and dirty home with the bedrooms so stacked with clothing that the children are not able to sleep in their beds. Father also alleges that the boys have expressed concern that Mother is telling them that she will not be able to survive without receipt of the child support money provided to her by Father if the custodial plan is changed. Father goes on to state that he has been encouraged by the children's therapist, Dr. Hazel Brown, to seek a change in the custodial arrangements. Father has offered to modify the arrangement to provide Mother with custody each Thursday evening and on alternate weekends from Thursday after school until Monday morning. 5. Mother's position on custody is as follows. Mother does not want to make any changes in the present arrangement in which she reports was agreed upon as a result of a custody evaluation done by Dr. Arnold Shienvold approximately four (4) years ago. She states that she has resolved her recent legal problems by paying the appropriate fines and costs. She also states that she is current on the rent at her home. Mother presently works from 11:00 a.m. to 2:00 p.m. four (4) to five (5) days a week and from 8:00 a.m. to 3:00 p.m. on one (1) other day per week. She states the schedule makes her more available to spend time with the children when they are out of school. Mother acknowledges that she has had a past history of prescription drug abuse. However, Mother states that she does not attend 12 Step meetings regularly. Mother denies that she has ever made comments to the children related to the financial impact of the potential loss of child support on her life style. 6. · The Conciliator makes no recommendations with regard to any modification of the present custodial arrangement. The Order attached reflects the agreement of the parties with regard to the therapeutic counseling services offered through Innerworks and the provision for the parties to return to the Conciliator in ~t to resolve the matter before referral to the Court. Datel ~- i~sa PeeI-Gre~y, Esquire /~ ~st.od y Conciliator / :156728 EXHIBIT "B" ~0MlVIO~TH OF PEiVNSYL~ VANIA ~ COUi~T~ OF: York ~agisteria[ Dfstrfct/~,: 19-3-09 ---'-------- )istrfct Justice Nme:~. Scott J. G~oss ~mss: 686 Yorktowne Road · Lewisberry, PA 17339 'eLep~re: (717) 938-2523 Docket N0.: CR-0000514-01 Date Filed: 12/17/01 DTN: H 445608-2 POLICE 'CRIMINAL COMPLAINT Cm ,ONW or DEFENDANT: ~AHE a~ ~DRESS 205 Old York ~d ~t~ N~ ~l~d. PA 17070 711-774=3668 L laJ~.ite . [_l Asian [] BLack ' District Attoraey's O~ce ~3] Approved n~ Disapproved because. ~he district a rmy 're~[~t . ~ · · flung. Pa.R.Cr~;) regn the c~p[alnt, arrest errant :afflde~t, er both be aA~uved by the itt~ney for the Ccmmn~eeLth prier to (Name ol- A[L~,~y ?or ~,.~eaLtll - PLease Print er Type) -" I, Ofc. Tim?.. Dehoff (N~e ofa~- 5213 (Office~~ (Identify Depe~m~nt oc age-cy R ~-~ ~ . · PA0670600 · . epmsemed .rd Poht~caL S~divisf - ' · 20010209t~27 do hereby sTate:(check the appropriate box)' .1. [] I acCUse the above named defendant, who lives at the address set forth above [] I accuse an defendant whose name is unl~-own to me but who is described as U I~e and popula~ ' therefore designated as Joh~n. Doe ~ nickname is unknown to me and wh~ withvi°lafingthepenallawsoftheCommonwealthofPenn,ylvaniaat 205 O~d Yo~.7 New ~and, · - in' Yo~rk - -- Participants were: (ff there were County on or about be:~_n 2-2-1999 and 8-10-2000 ~i~ B. Nar_hew~ pa-~idpants, place their names here, repea~ing the name of the above defendan0 ,2;_. T.h.e. acts commi~ted, b~ the accused . IN ~z~_T. ~ r~- ~-~.~ ___, _, , . . spec c sectmn and ~tl~,~ m ~ .......... tatute attegedty v~otated · --- --~- ~ut. ~d-LC2 Qace, the 1A~=~,-1~-~- -' ~ --j, -. -.~ .... aurae ~, orolr~rlce allegedly v~o[ated.) r, namely, SGqoCta i T ,, 2..t obtained or withheld relnlorcing a false :&----- ' ~__:_ -n[uresslc~l, or :ail~r~ t~ ....... --~=---=, ~ ~uli/g or , ~ w~,,cn cne ctecelver knows to be infl.u,enc',u~, another to w~cm she stands in · ' ' uonstruction ~ .................. ~m Des ' ' ' . '=u-~ ~ ot Mill , ~n v~oZ~tzon of section 3922 (a) ~) of the ~A Cr+~e~ PA for IlDocket Number: CR-0000514-01 POLICE CRIMINAI. COMPLAINT all of which were a~dnst the Peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation o.,f 1. 3922 (a) (3) of the PA Crimes Code . ,./~ ~ (Section) 2. (Section) (Section) 4. (Subsection) (PA Statute) (counts) of the (Subsection) (PA Statute,) (counts) of the (Subsection) (PA S.tatute) (counts) of the (Sect ion) (Subsection) (PA Statute) ~counts) ' 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the ch.rges I have made. (In Order for a warrant ~f arrest to ~ue, the attac~ed al~lavl;. ~f prolmble cause must be completed and .worn to before the issuin~ aUtho~by.) S 4904) relating to unsworn falsification to autho;i~es es oz ~e~O~es_ Code.(1.8 PA. C.S. December 17 2001 completed and verified. An sh~davit of probable cause mu-+ -~ ~A__-m=--~. ~ the com/pl~int has been Drooerlv . {[ Docket Number: CR-0000514-01 .CR IINAL COMPLAINT AFFIDAVIT of PROBARLE CAUSE Cb ./Znc. No. '20010209m2738 Dennis Schmidt, owner of Shane ConstruCticn Cc, pany, reported that. the Defendmnt Jill B. Mathews had been his bookkccper and payer of bills for the business, for 2 years. Sc~mtidt closed the business, and had moved office equipment and records into the Defendant,s residence so that she could continue to pay incoming final bills for the business. The Defendant was terminated in' October of 2000. At that time, the Defemd~_nt had refused to return the office equipment and financial records. All the~ records had been sent to the Defendant,s home, and Sc~nidt's accountant could not close the financial reCOrds. iT he Defendant. had t%trned over financial records after Schmidt had filed and received a civil judgment against the Defendant. Upon examination of the records, it was found that 14 business banking chedks on the Shane Construction Company account #031308807 at the Mid-Penh Bank of; Mil!ersburg PA had been written for nc~-business related bills or items. The checks were written as follows:· Check~ #03064 #03066 #03067 #03068 #03070 #03071 #03072 #03076 #03081 #03082 #03085 #03098 #03099 #03102 Written to: Contractors Tool Source United Gas (L~I) Bell Atlantic Suburban Cable Jill B. Mathews Dist. 'Ct. 19-3-09 Dist. Ct. 1921-01 Bell Atlantic PP&L United Gas (U~T) Bell Atlantic Comcast :Cable United Gas (l~3I) Date: 2r02-1999 2-(unk-)2000 2-10-2000 2-14-2000 2-21-2000 2-28-2000 2-28-2000 3-15-2000 4-19-2000 5-02-2000 5-09-2000 7-20-2000 8-01-2000 8-10-2000 $ 20o.oo $ 287.43 $ 78.15 $ 83.56 $ 50.0o $ 796.50 $ 729.50 $2754.27 · $.242.62 $ 239.25 $ 653.47 $ 77.91 $ 88.53 $ 119.91 $6401.10 wrznzng the checks for r~r~onal ~ ...... - , n~' ~ ~f~t ~tt~ to . =~ ~s ~pt ~ ~03064, ~03070, '~03076, -- % Ofc. T~ ~ff ~W, D~ ~ ~y ~T ~ FACTS , ~G D~y ~O~ ACCOD~G ~ ~ ~ CO. CT TO ~ B~T OF ~ ~O~oN ~ ~orn to m~ ~d subscribed b~for~ m~ ~s 17th day of Deck.er 2001 My com~ssion e~ires 2006 . ~ POLICE ¢R~0000514-01 CR~/IINAL COMPLAINT AFFIDAVIT· of PROBABLE CAUSE (Imp./Inc. No. 20010209m2738 ~n~08s. She claimed ~h~ ~ were written for the business. Ail the checks~ -' ~ ~ 'r--- were mailed fz-~ the Defendant, s residence. The Defendant also said that check #03072 was in her haDxk~ritin~,, but that she did not remember writin~ the check. That check was written for outstandir~ fine mc~ey for a Michael Johnson~istrict Court 19-1-01, whom the Defendant says she does no~ know. The DefeDd~nt prepared a written confession at her own convenience and provided it. to this officer on 6-6-2001. In her confession, the Defendmnt admits to writing tb~ checks for personaI expenses because she did not have enough money to pay her bills. This officer cc~sulted .AD~ f~ristian D~bb of the'York County District Attorney,s office, who reoammnded these charges. · ~ Ofc. Timothy Dehoff ~ ' , BRING DULY SWORN ACCORDING LAW, D~/POSE AND SAY THAT ~ FACTS SET F ........ TO ' ux~-x'~t n~ '1'~ ~. FOI{EGOING AFFIDAVIT ARE · RU~·AND COm~ECT TO r~m B~ST OF MY KNO~AN~ Bm.~. Sworn to me and subscribed before me this ]. 7th' 8ay of ' December ,20~01 12/17/01 Date ~, District Justice My Commission expires first Monday of January, ~qR. AL IN THE COURT OF .COMMON PLEAS OF YORK COUNTY - CRIMINAL DIVISION COMMONWEALTH VS. ~ATHEWS, JILL B 482 CA 2002 NEXT TERM: MAY 2002 PRE-TRIAL: 04-16-2002 ARRAIGN: 02-01-2002 OFFENSE: 08-10-2000 Address 205 OLD YORK RD APT #7 ARD: NEW CUMBERLAND CERT HBG: PA IMPOUND: 17070 PSI: DOB 09-12-1962 Race W Sex F Social Security No 159-56-3253 DATE ARREST 12-17-2001 O.T.N. H 445608-2 Police Dept. FAIRVIEW TWP District Justice GROSS, SCOTT Municipality FAIRVIEW Arresting Officer TIMOTHY A. DEHOFF Attorney RADER, JAMES O=~S CTS. GRADE 18 3922 A3 T~=FT BY DECEPTION-F 14 F3 DO=~TING 01-24-2002 oumGE ASSIG%TED 00-00-0000 00-00-0000 00-00-0000 02-01-2002 02-01-2002 02-20-2002 04-17-2002 05-07-2002 05-20-2002 05-23-2002 05-23-2002 05-23-2002 06-12-2002 07-11-2002 07-11-2002 JUDGE CHRONISTER AP~AIGNED PRO SE RETURN w/couNSEL HEARING ~C~EDULED 02/20/02 ~ 9=30AM. CT.RM.#7. JHC PRE-TRIAL CONFERENCE 04/16/2002 9:00 AM BEFORE ouuGE CHRONISTER, CT.RM.#7. JHC INFOP~MATION FILED COUNSEL ENTERS APPEAIUtNCE JHC ATTORNEY - PRE-TRIAL CONFERENCE CONTInueD 05/07/02 e9:30AM. JHC. PRE-TRIAL CONFERENCE CONTINUED 05/20/02 e9:30AM. JHC. PRE-TRIAL CONFERENCE CONTINUED 05/23/02 ~9:30AM. JHC. GUILTY PLEA TO THEFT BY DECEPTION (14 CTS) F3.JHC. SENTENCE YORK COUNTY PRISON 01-24 DAB 02 -07 RADER, JAM~S 02-07 02-01 02-20 04-18 05-07 05-20 05-23 UPON 2 MONTHS SERVICE, DEFENDANT MAy BE RELEASED ON HOUSE ARREST FOR 30 DAYS TO THEFT BY DECEPTION.(14 CTS) JHC. 05-23 REPORT YORK COUNTY PRISON RE: 05-23 06-12 07-11 JOENH. CHRONISTER 6/24/02 AT 8~00 A.M. PAY COSTS/RESTITUTION JHC. oumG~/ENT FOR COSTS/FINES ENTERED ORDER FILED RE: FAILED TO REPORT TO PRISON. JHC. BENCH WARRANT ISSUED-REPORT YCP SERVICE RE: 07-11 P/DEFENDER, DA. KIM MCDERMITT PROBATION. IN THE COURT. OF. COMMON PLEAS OF YORK COUNTY- CRIMINAL DIVISION COMMONWEALTH VS. MA'&'n=wS, JILL B 482 -CA -2002 Printed on 09-24-2002 By YM1 E-N-D O-F C-A-S-E IN THE COURT-OF .COMMON PLEAS OF YORK COUNTY - CRIMINAL DIVISION 0 0 O ~0~00000 o oJo o o o o o ooo~ooooo o o mOm El o El o El o G.iJ rjEl El El O · ~ Z /no~c cz o~,E~ EXHIBIT "C" INTF X Clinical Director Deborah L..Salem, MHS, CAC, LPC Associates Anthea L. Stebbins, LSW Miehelle Boyle, BS Thomas Toone, MS DATE: 10-02-02 TO: John Colmelly, Jr, Esq Michael D. Rentschler, Esq FROM: Deborah L. Salem, LPC, CAC Mathews v. Mathews I am writing to provide a statement regarding custody recommendations in the above referenced matter because I have recently received disturbing infom~ation about legal difficulties for Jill Matthews. Please be advised that I have completed all of the sessions necessary to render an opinion about the oUStody of the Matthews boys, Mark and John. I have interviewed both parents r 1.25 hfs each, reviewed numerous questionnaires completed by each and interviewed each of the boys two times for one hour each time, once accompanied by their father and once accompanied by their mother. I have not written the final report because I am waifin~ to receive requested information about mother's past and current psychiatric treatment, that, to date, has not arrived, dr also need a final payment of $600.00 from Mr. Matthews before the full report can be completect By this letter I am requesting that Attorney Conne[ly advise his client to forward that amount to my office.) With regard to my general impressions in this case, of most significance is the fact that both boys, although expressing their needs and wants in different ways, stated a need for their mother to "get her life together" because they don't want to feel forced to choose not to be with her. Both boys are angry and sad about her apparent inability to thrive with regard to employment, economics, and freedom from legal entanglements. Where I got the impression th~ the boys knew their mother was in financial trouble, I did not get the impression that they had any idea that she was in legal trouble. I certainly was not advised by mother who had been arrested prior to my initial session with her. In addition to issues with mother's instability, the boys both reported mixed feelings about her current living arrangement with a paramour who has custody of his five children. Mark seems more able to cope with the environment while John 1 4335A North Front Street · Harrisburg, PA 1.7110 · (717)236-6630 · Fax (717)236-6677 blatantly indicated, at his last appointment in early September, that he no longer wanted to be with his mother because of the environment. This is despite the fact that a move to Ids father's prim_a_ry custody would result in lohn leaving the last year of the middle school where he has always attended in mother's school district. The total patten of both boys responses reveal that they feel better cared for by father who they experience as dependable, competent at parenting, and far more stable than their mother. They are both burdened with a clear need to care for and protect their mother since it is apparent to them that she is not strong or reliable. Over the years, they have witnessed father come to mother's aid and protection despite the separation and divorce. In essence, where the boys can be children/teenagers with their father, they are paremiffed with mother to a level that negatively affects each of them. As stated, I was disturbed to receive arrest information related to J~fll Matthews from Attorney Connelly. Besides obvious concerns for mother, this is because, by their own report, of all of the distressing emofion~! factors that have burdened the Matthews boys, it has been watching their mother be arrested two different times that affected them the most. Each boy reported significant embarrassment and fear related to both incidents. They both carry remnants of trauma from those experiences. They are clearly teenagers who are exposed to too much chaos. They are both trying desperately to hang onto their more stable and loving perceptions of their mother but such situations allow little room for denial. Each boy manifests his straggle in different ways with Mark being moderately depressed and, at times struggling with his self esteem, and John being more oppositional and risk-taking as a way to express his dissatisfaction. Prior to information regarding her legal difficulties, I was going to recommend that the parents share legal custody while the primary physical custody of the boys be switched to their father. I was also going to recommend ample access for mother allowing the family to negotiate a schedule that preserves the boys relationship with mother while honoring their need for more stability and reliability in their life style. However, I am now concerned that, unless they are advised of mother's legal problems that will result in her being picked up and taken to prison, that to allow a schedule determined by their desire to have contact with mother will set them up for another difficult experience. I therefore recommend the children's custody be switched immediately to their father and that the children be told the reason. It is directed that both parents should be involved in telling the boys why the change is occurring. This provides Jill Matthews an avenue to take care ofher legal difficulties in an up front and responsible manner and to guarantee the boys that she is prepared to face consequences and make the changes necessary for her to promise them more future stability. I offer my services to facilitate a session with the family to discuss the necessary custody changes with the boys, Finally, in the absence of a cooperative effort by the parents, this report will serve as my approval for seeking emergency relief through the court regarding father's primary physical custody of the boys. My hope is that J'fll's arrest does not precede an intervention to protect the boys fi.om more ha/~u. Please call with any questions. MARK R. MATHEWS, Plaintiff/Petitioner Vo JILL B. MATHEWS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. NO. 02 - 488 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney for the Plaintiff/Petitioner, Mark R. Mathews, hereby certify that I have served a copy of the foregoing Petition for Emergency Relief on the following on the date and in the manner indicated below: U.S. First Class Mail~ Postage Pre-Paid Jill B. Mathews 406 South Market Street Mechanicsburg, Pennsylvania 17055 U.S. First Class Mail~ Postage Pre-Paid And Facsimile (717) 975-2939 Michael D. Rentschler 1300 Market Street, Suite 200 Lcmoyne, Pennsylvania 17043 DATE: JAMES, SMITH, DURKIN & CONNELLY Jr.,Esquire ~1\ ' ~ner ~. ~xl 50 ~ Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 MARK R. MATHEWS, Plaintiff/Petitioner Vo JILL B. MATHEWS, DefegdantfRespondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. NO. 02 - 488 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ~ff_~ay of ~ 2002, upon the presentation of the Petition for Emergency Relief .... · · s, ·. . of A hearing is scheduled for the ~[~l~day of O~a'~ , 20~ at ~~____~ :.'zI:.::: :m.; in Court Room No. ~_~___, of the Cumberland Co.untyr~.~.__~...' Courthouse,,One Courthouse Square, Carlisle, eennsylv,~ia. ~J~' ~ ~ I ~ ~ ~ } EDWARD E. GUIDO, JUDGE MARK R. MATHEWS V. JILL B. MATHEWS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-0488 CIVIL TERM : ORDER OF COURT AND NOW, this 17TM day of OCTOBER, 2002, the hearing scheduled for October 21, 2002, at noon is rescheduled to a new time on the same day, OCTOBER 21~ ~ in Courtroom # 5. Edward E. Guido, J. John J. Connelly, Jr., Esquire Michael Rentschler, Esquire Jill Matthews 406 South Market Street Mechanicsburg, Pa. 17055 ~v~.~.~ I0.1£ 9-. :sld MARK MATHEWS, Plaintiff/Petitioner JILL B. MATHEWS, Defendant/Respondent IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-0488 CIVIL TERM WITHDRAWAL OF COUNSEL QRDER OF COURT AND NOW, this 21st day of October, 2002, Michael D. Rentschler, Esquire, counsel for Defendant, is granted permission to withdraw his appearance on behalf of the defendant. By the Edward E. Guido, J. John Connelly, Esquire For the Plaintiff/Petitoner Michael Rentschler, Esquire For the Defendant/Respondent it MARK MATHEWS, : Plaintiff/Petitioner : : U. : : JILL B. MATHEWS, : Defendant/Respondent : IN THE COURT OF COM~0N PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA 02-0488 CIVIL TERM QRDER OF COURT AND NOW, this 21st day of October, 2002, after considering of the Petition for Emergency Relief, and the mother having failed to appear, despite service having been made, it is hereby ordered and directed as follows: 1. This matter should be scheduled for a conciliation conference forthwith. 2. Pending the conciliation conference, the parties shall continue to enjoy joint legal custody of the children. 3. Pending said conciliation conference, father shall have primary physical custody of the children. Mother may visit as agreed upon by the parties. This order is temporary in nature, and we will consider a change on an emergency basis upon application from mother showing that she is not in imminent danger of arrest. By th~ Edward E. Guido, J. John Connelly, Esquire For the Plaintiff/Petitoner~ Michael Rentschler, Esquire For the Defendant/Respondent it MARK MATHEWS, Plaintiff VS. JILL B. MATHEWS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA 02-0488 CIVIL TERM PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Kindly withdraw the appearance of Michael D. Rentschler, Esquire, as attorney for Defendant Jill B. Mathews, consistent with the Honorable Edward E. Guido's Order of Court dated October 21, 2002, authorizing said withdrawal, a copy of which is attached hereto. Respectfully Submitted, Michael D. Rentschler, Esq. 1300 Market Street, SuRe 200 Lemoyne, PA 17043 (717) 975-9129 PA Supreme Court ID # 45836 MAi~_KMATHEWS, : Plaintiff/Petitioner : : U. : : JILL B. MATHEWS, : Defendant/Respondent : IN RE: IN THE COURT OF COMMON PLEAS-OF CUMBERLAND COUNTY, PENNSYLVANIA 02-0488 CIVIL TERM WITHDRAWAL OF COUNSEL ORDER OF COURT AND NOW, this 21st da~ of October, 2002, Michael D. Rentschler, Esquire, counsel for Defendant, is granted permission to withdraw his appearance on behalf of the defendant. By the Edward E. Guido, J. John Connelly, Esquire For the Plaintiff/Petitoner Michael Rentschler, Esquire For the Defendant/Respondent it ~AR 0 4 2003 ~ MARK R. MATHEWS, Plaintiff V. JILL B. MATHEWS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-488 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J.--- ORDER OF COURT AND NOW, this ~'~ day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report and Mother's failure to attend the Conference despite notice at the address which was provided by Mother, it is hereby ordered and directed as follows: 1. This Order VACATES all prior Orders in this matter. 2. Legal Custody. The Father, Mark R. Mathews, shall have primary legal custody of the children, Mark R. Mathews, Jr., born June 15, 1987, and John B. Mathews, born October 17, 1988. 3. .Physical Custody. Father shall have primary physical custody of the children. Mother may visit as agreed upon by the parties. 4. In the event that Mother is aggrieved by the terms of this Order, upon proper petition, the Custody Conciliation Conference will re, Edward E. Guido, J. Dist: John J. Connelly, Jr., Esquire, PO Box 650, Hershey, PA 17033 Jill B. Mathews, 406 S. Market Street, Mechanicsburg, PA 17055 MARK R. MATHEWS, Plaintiff V. JILL B. MATHEWS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-488 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 THE CUSTODY OF Mark R. Mathews, Jr. John B. Mathews June 15, 1987 October 17, 1988 Father Father 2. Father filed a Petition for Special Relief on or about October 18, 2002. In an Order dated October 21, 2002, Judge Guido ordered primary physical custody to Father with joint legal custody and referred the matter to Conciliation. The Conciliation Conference had been originally scheduled for December 23, 2002, but was continued until January 27, 2003. On December 31,2002, the Conciliator received correspondence from the Defendant Mother indicating that she was presently incarcerated at York County Prison and anticipated being there until February 12, 2003. Accordingly, a request for continuance was granted without opposition from Father's counsel. A Custody Conciliation Conference was held on February 24, 2003. Attending at the conference were: the Father, Mark R. Mathews, and his counsel, John J. Connelly, Jr., Esquire. Following the receipt of the letter from the Defendant Mother on December 31, 2002, the Conciliator mailed a new Order scheduling the Conference for February 24, 2002 to the Defendant Mother at the address she provided at the top of her correspondence. On the day of the Conciliation Conference, the Mother did not appear. The Conciliator received no calls or voice messages from Mother regarding this matter on the day of the Conference or at any time through the date of this report. 3. Father reports that since Mother was apparently released from her period of incarceration she made one request for contact with the boys and had a brief period of partial custody on February 12, 2003. She subsequently left a message for the boys on February 21, 2003 without a request for further contact. Father has had no contact from NO. 02-488 CIVIL TERM Mother since February 14, 2003. Father now seeks an Order confirming primary physical custody in him and primary legal custody of the children. Father reports that he has obtained a waiver from the West Shore School District allowing the youngest child to finish the school year at the New Cumberland Middle School. He continues to be willing to allow Mother access to the children. Inasmuch as a copy of the Order scheduling the Conciliation Conference was provided to Mother at the address which she provided to the Conciliator, and she did not appear for the 25 minute period that the Conciliation Conference was convened, the Conciliator provides the attached recommended Order to the Court. Date elissa Peel Greevy, Esquire Custody Conciliator :210411