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Home My WebLink About05-4745 lO"ilA."~ tv\~""/ylllkJ IP'~I~~U : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA II. :rCII.."r G. lV\~oJy4.k, bttc'I J...;;t : NO. Cfi- (-l7Lf) C!:.v{ ( : CIVIL ACTION - LAW : CHILD CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717)249-3166 THOMAs D. GOULD, ESQUIRE ID /#36508 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 LORIANN MATOLYAK, Plaintiff IN THE COUR'r OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. JAMES G. MATOLYAK, Defendant 2005 - 47l..(~VIL TERM CIVIL ACTION - LAW CUSTODY ACTION CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Loriann Mato1yak residing at 3-A West Green Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. The Defendant is James G. Mato1yak residing at 6013 Roberts Drive, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff seeks to share legal custody and partial physical custody of the following child: ~ PRESENT RESID:~ 00l;l Kristi Mato1yak 909 Sky1er Court Wake Forest, NC 03/16/90 The child was born in wedlock. The child is presently in the physical custody of her aunt and uncle, Thomas and Melanie Lehman, who reside at 909 Sky1er Court, Wake Forest, NC. following addresses: The child has resided with the fOllowing persons and at the Person Address ~ Thomas & Melanie Lehman 909 Skyler Court Wake Forest, NC 09/05 - present Mother 3-A West Green Street Mechanicsburg, ~\ 04/05 - 09/05 Mother & Father 6013 Robert Drive Mechanicsburg, Pl~ 3-A West Green Street, Shiremanstown, Pennsylvania 17011. The mother of the children is Loriann Matolyak who resides at She is married. 6013 Robert Drive, Mechanicsburg, Pennsylvania 17050. The father of the children is James G. Matolyak who resides at He is married. 4. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: None 5. The relationship of Defendant to the child is that of father. The Defendant currently resides with the following persons: ~ ~ationship Andrew Matolyak Son Eric Matolyak Son 6. Nei,ther party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 2 Plaintiff aCknowledges that her brother and his wife, Thomas and Melanie Lehman, are not a party to this proceedings, but they have physical custody of the child. Plaintiff does not know of any other person who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Uncle and Aunt can properly care for her child. B. Uncle and Aunt can provide a loving home. C. Child requests that she reside with Uncle and Aunt. D. Child does not have a posi.tive relationship with her father or her siblings. 8. Each parent whose parental rights to the child have not been terminated and the person who had physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant her shared legal custody with Defendant and Uncle and Aunt and partial physical custody of her child, subj ect to defendant' s periods of partial custody at times determined to be in the child's best interest. Respectfully submitted, -n:=_~j~. ~ f~ D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 3 VERIFICATION I, Loriann Matolyak, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subj ect to the penal ties of 18 Po.. c. S. Section 4904 relating to unsworn falsification to authorities. DATED: 9-/,;,tJS' OfJu~~~ Loriann Matolyak Pla.intiff 4 ~~~ ~~ ~~ :3 C) ....' 0 C:;:.} ~--~ c:':J -n .:;.Jl (/J .-< ~ 01 -n ,) p -",-, [1J , W .,~ , " C; :.:-'-: , '~~ --~ ("') .,-... nl ..j -;,;..- .- ~2 c;, </\ OJ LORIANN MATOLYAK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - (17t{5" CIVIL TERM JAMES G. MATOLYAK, Defendant CIVIL ACTION - LAW CUSTODY ACTION CUSTODY AGREEMENT THIS AGREEMENT, made this !t.!!:.... day of ~f..".,i.(.r- , 2005, by and between Loriann Matolyak, hereinafter referred to as Mother, and James G. Matolyak, hereinafter referred to as Father. WITNESSETH: (the Child), born March 16, 1990; and WHEREAS, Mother and Father are the parents of Kristi Matolyak the Child, and WHEREAS, Thomas and Melanie Lehman are the Uncle and Aunt of WHEREAS, Mother and Father wish to enter into this Custody Agreement to settle and resolve the outstanding issues regarding the custody of their Child; NOW THEREFORE, it is agreed by the parties that: 1. Mother, Father and Uncle and Aunt shall share legal custody of the Child. Each parent and Uncle and Aunt shall have equal access to the Child's personal, school and medical records and each party is to inform the other of significant events that OCcur in the Child's life. 2. The, parents have determined that it is in their Child's best interest that Uncle and Aunt have primary physical custody of their Child subject to Mother's and Father's liberal periods of partial custody as determined by mutual agreement of the parties. 3. Mother and Father shall provide transportation for their custodial periods with their Child. 4. This Agreement may be modified by mutual agreement of the parties. 5. I f the parties are unable to agree on an acceptable change in custody, they agree to seek the assistance of a custody mediator. The cost of the custody mediator shall be equally shared by the Mother and Father. 6. Both parents agree that the Child needs a loving, stable and structured environment. 7. Both parents agree to place any personal differences aside and work with Uncle and Aunt for the best interests of their Child. 8. The parties shall provide for reasonable telephone and internet access to their Child. 9. No party, or any other persons, shall make derogatory comments about the others in the presence of the Child. 10. Each party is to inform the other of any change in school, employment, residence and/or telephone number. 11. This Agreement shall supersede any and all other Agreements or Stipulations concerning the custody of the Child. 2 12. It is the intent of the parties that this Agreement be 9-/02 -oS DATE (y~~ Loriann Matolyak '(-(,l-uS iLJ ,J ~ DATE c:I.:rames G. Ma olyak Commonwealth of Pennsylvania: County of l\)\\'UJD..\O ss PERSONALLY APPEARED BEFORE ME, this rc~ day Of~'<lr , 2005, a notary pUblic, in and for the Commonwealth of Pennsylvania, Loriann Matlolyak, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within custody agreement and acknowledged that she executed the same for the purposes herein contained. ,-uMMONWEAL:rH OF PENNSYLVANIA Notarial Seal . Jennifer N. Grove, Notary P&bhc Silver Spring Twp., Cumberland Coun~ My Commission ExpIres Jan, 28, 200 HOlTltmr, P"'nn~"I\t"',,;,<l AsslJclation of Notaries Commonwealth of Pennsylvania: County of t~N\mnl'd ss PERSONALLY APPEARED BEFORE ME, this \0 day OK~'l:n' , 2005, a notary public, in and for the Commonwealth Of~~)}vania, James G. Matolyak, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within custody agreement and acknowledged that he executed the same for the purposes herein contained. '-UMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer N. Grove, Notary Public Silver Spring Twp" Cumberland County My Commission Expires Jan, 28, 2008 ~~"'tr>I,E"r or>~r'''''!'''^''''h i\~",.",..",ti"" flf NOfaries 3 .-' cO' c:::~, c.:.J"l (/"J \n -0 - "'" '2 o -rI .-' :r--f', ,T'p '~~~2) '-- ~,.-I \;~y?-\ ~\ '''0 ."'" -'" " ~ -'" - - x:- v;;' JRECE1VED SEP 132005 LORIANN MATOLYAK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - (,/7'{(' CIVIL TERM JAMES G. MATOLYAK, Defendant CIVIL ACTION - LAW CUSTODY ACTION QRDER OF COURT AND NOW this \ "3t!z day of ~f-!. 2005, upon due consideration of the attached Custody Agreement dated Septemeber 12,2005, which is hereby incorporated herein by reference it is hereby ORDERED and DECREED that the said Custody Agreement is approved and adopted as an Order of Court with full weight and effect as if it had been set forth in full hereinafter. The terms and conditions set forth in the Custody Agreement are binding and enforceable upon the parties hereto until such time that it is changed by mutual agreement of the parties or by further order of this court. BY THE COURT: q -/?~o'( f~~ ~'U2U-~ ~ (b~tA-l"'- ~ {l) I~~f >> {{ l1~{)---( 5S : i! ('I t.1 f