The URL can be used to link to this page

Home My WebLink About05-4825 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ,,-5'. 'f?.;I S' LISA M. BLYSTONE, v. CIVIL ACTION - CUSTODY JOHN SCOTT MATTERN, JR., Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Lisa M. Blystone (the "Plaintiff'), who currently resides at 907 Chester Road, Apartment E, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant is John Scott Mattern, Jr. (the "Defendant") residing at 1402 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff partial custody and visitation of the fo\1owing child: Kyra Renee Mattern 907 Chester Road Apartment E Enola, P A 17025 DATE OF BIRTH May 9,2000 NAME PRESENT RESIDENCE 4. The child was born out of wedlock. 5. The child is presently in the custody of Plaintiff, who resides at 907 Chester Road, Apartment E, Enola, Cumberland County, Pennsylvania, 17025. 6. During the past five (5) years, the child has resided with the fo\1owing persons and at the fo\1owing addresses: (LIST ALL PERSONS) Lisa M. Blystone and John Scott Mattern, Jr. Lisa M. Blystone, John Scott Mattern, Jr. John Scott Matter, Sr. and Sue Mattern (paternal grandparents) Lisa M. Blystone and John Scott Mattern, Jr. (LIST ALL ADDRESSES) (DATES) Mallard Court Mechanicsburg, P A May 9,2000- June 2000 Elliottsburg, P A June 2000 - July 2000 Roth Village Apartments Mechanicsburg, P A July 2000- Sept. 2000 940 S. Humer St. Enola, P A Sept. 2000-Jan. 2001 Lisa M. Blystone, John Screiber and Pat Schreiber, (maternal grandparents) Adam Schreiber (Plaintiffs brother) Lisa M. Blystone and John Scott Mattern, Jr. Roth Village Apartments Mechanicsburg, P A Jan. 2001-Feb. 2001 940 S. Humer St. Enola, P A Feb. 200l-July 2002 Lisa M. Blystone, John Screiber and Pat Schreiber, (maternal grandparents) Adam Schreiber (Plaintiffs brother) Lisa M. Blystone Tremont, P A July 2002-June 2003 940 S. Humer St. Enola, P A Feb. 2001-July 2002 Lisa M. Blystone, John Screiber and Pat Schreiber, (maternal grandparents) Adam Schreiber (Plaintiffs brother) Sept. 2004-Aug. 2005 Lisa M. Blystone, 4182 Elk Court, #113 Jason Blystone (Plaintiff s Mechanicsburg, P A husband) Ryley (Plaintiffs son) 2 Lisa M. Blystone, 907 Chester Road, Apt. E Jason Blystone (Plaintiffs Enola, PA 17025 husband) Ryley (Plaintiffs son) Aug. 2005-present 7. The mother of the child is Lisa M. Blystone, currently residing at 907 Chester Road, Apartment E, Enola, Cumberland County, Pennsylvania, 17025. She is married. 8. The father of the child is John Scott Mattern, Jr., currently residing at 1402 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is single. 9. The relationship ofPlaintiffto the child is that of mother. The Plaintiff currently resides with the following people: Jason Blystone Ryley RELATIONSHIP Husband NAME Son 10. The relationship of Defendant to the child is that offather. The Defendant currently resides with the following people: NAME RELATIONSHIP Tracey? Fiancee 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 3 13. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff has been the primary caretaker oftbe child, can provide a stable, safe, and secure environment and can provide for the child's emotional, psychological and spiritual needs. Further, the child views the Plaintiff as a source of stability, a source oflove, and a source of emotional support. 15. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child has been given notice of the pendency oftbis action and the right to intervene. None. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pertaining to the custody of the minor child, Kyra Renee Mattern. y Ig, .D. #8 365 2320 North Second Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone; (717) 238-6570 (Attorneys for Plaintiff) Da . ,2005 4 VERIFICATION I, Lisa Blystone, verify that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. o /'-3' Y;vJ ~ Date: 9 lilt / () ') ,2005 ~ffJ5 ~ C>'\) ~ ~ ~J' <..1'1 ~ -........ ......... - V> d o c: "'1'1 :<:;: f-J"iq/ ~5'r... '. 2"' (0);, ~..' <:c..J ...,~. o<;;r, ~h PC",- :2: =< W N '" = <:::> en V> ,." -0 ~ ~:n "z'-" :J:) o ~:rJ O~ ~ _:0 -< - 0'\ :l:.- ::J: - - LISA M. BLYSTONE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOHN SCOTT MATTERN, JR., Defendant NO. 05-4825 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of September, 2005, upon consideration of Plaintiffs Emergency Petition for Special Relief, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral. IT IS FURTHER ORDERED AND DIRECTED that neither party shall secrete the location of the child from the other party nor remove the child from Cumberland County pending the conciliation conference and further order of court. BY THE COURT, Kelly M. Knight, Esq. 2320 North Second Street P.O. Box 60457 Harrisburg, P A 17106-0457 Attorney for Plaintiff ~/34,~ John Scott Mattern, Jr. 1402 Louisa Lane Mechanicsburg, P A 17050 Defendant, pro se ~ ~C;.../(,.o{ r+. Cumberland County Court _ Administrator -. /r.4d ~d- <1-/ t, "'0'3" M./ :rc ~ \i1NVI\lA8NN3d AlNnCG (H.r{~."j8Vin::> z ~ : I Hd 91 d3S SOOl AtJlflONOHlOl:Jd 3Hl :lO 301;l-lO-CB11.:! LISA M. BLYSTONE, fy RECE:'/ED S:P 16 :OO5( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PlaintifflPetitioner v. NO. 6)-L[~)-S- ~ CIVIL ACTION - CUSTODY JOHN SCOTT MATTERN, JR., Defendant/Respondent ORDER AND NOW, this day of , 2005, upon consideration of the Emergency Petition for Special Relief filed by Petitioner, Lisa M. Blystone, it appears that the parties have shared legal custody and that the Petitioner has maintained primary physical custody of the Minor Child up to this point, and it appearing to the Court's satisfaction that a significant danger exists that Respondent will abscond with the Minor Child, we hereby ORDER and direct as follows: I. Legal custody of the Minor Child, Kyra Renee Mattern, born on May 9, 2000, shall be shared by her parents, the Petitioner, Lisa M. Blystone, and the Respondent, John Scott Mattern, Jr. 2. The Petitioner shall maintain sole primary physical custody of the Minor Child until this matter can be addressed by the parties at a conciliation conference or, if necessary, by formal hearing. 3. This is an Interim Order only and shall remain in effect until further Order ofthis Court. BY THE COURT: J. LISA M. BLYSTONE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PlaintifflPetitioner NO. v. CIVIL ACTION - CUSTODY JOHN SCOTT MATTERN, JR., Defendant/Respondent EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the above named Plaintifti'Petitioner, Lisa M. Blystone, by and through her counsel, Cunningham & Chernicoff, P.c., and petitions this Court for Emergency Special Relief based upon the following: I. Plaintiff/Petitioner is Lisa M. Blystone ("Petitioner"), an adult individual residing at 907 Chester Road, Apartment E, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant/Respondent is John Scott Mattern, Jr. ("Respondent"), an adult individual residing at 1402 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Petitioner and Respondent are the natural parents of one minor child, Kyra Renee Mattern, who was born on May 9, 2000 (the "Minor Child"). 4. No Order has been issued by this or any other court pertaining to the custody of the Minor Child. 5. Petitioner has had primary physical custody of the Minor Child since the time of her birth. Respondent has exercised sporadic periods of partial physical custody. 6. Respondent has previously been the subject of various Protection from Abuse Orders issued on behalf ofthe Petitioner. 7. On September 13,2005, Respondent contacted Petitioner and threatened to "kick her door in" if she refused to turn over the Minor Child to him upon his immediate request. 8. On September 13, 2005, Respondent told Petitioner that there would be "Hell to pay" if Petitioner did not turn over the Minor Child to Respondent upon his immediate request. 9. Respondent has informed Petitioner of his intent to remove the Minor Child from her school on Friday, September 16, 2005, and has told Petitioner that she would "never see her [the Minor Child] again." 10. Petitioner reasonably believes, and therefore avers, that Respondent has recently received a substantial monetary sum from a family member due to the sale of real estate. 11. Petitioner believes, and therefore avers, that Respondent has a number of out of state contacts and family members. 12. Based on the aforementioned, Petitioner reasonably believes, and therefore avers, that Respondent is planning to abscond with the Minor Child. 13. Petitioner has filed a Complaint for Custody for the Minor Child contemporaneously with this Petition. She seeks an Interim Order providing her with sole physical custody of the Minor Child nntil such time as this matter may be addressed by a Conciliator or this Court. 14. Petitioner believes that the continuation of the long established and well accepted custody arrangement, whereby Petitioner is the primary custodian, is in the best interest of the Minor Child. 2 15. Petitioner further believes that the entry of an Interim Order providing her with sole physical custody, will prevent either party from absconding with the Minor Child during the pendency of this custody litigation. WHEREFORE, Petitioner, Lisa M. Blystone, hereby respectfully requests that this Honorable Court enter an Interim Order, in the form of the Order attached hereto, to prevent either party from absconding with the Minor Child until this matter can properly be addressed and resolved by the Court. Date: September 16, 2005 home/tlflpetitionlblystone 3 VERIFICATION I, Lisa Blystone, verify that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904, relating to unsworn falsification to authorities. ~J4s~_ Lisa Blystone Date: qj,t../OS- ,2005 0 ....., = ~ ~ c = ~ ~ ;;~ c..n --r)C~';. (/) ~:!l r-r {~_J l"TI ;::';:-0: " :r.; ,. hi ~ '..f) .;. :Bo -'"~ ~'. en -. i--~(: ~S~ 0 ,.,:: .' ~-:c] "'" ; .~ ~ li;c) ::J:: ,....j c: - ~ .. ~ ~ (,..) cJ'\ ~ co ~ LISA M. BLYSTONE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-4825 CIVIL ACTION LAW JOHN SCOTT MATTERN, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, September 23, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq. at_. 39 We~.!.Main Street, Mecbanicsbnrg, P A 17055 on Tuesdav, October 25, 2005 , the conciliator, at 10:00 AM 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 detine 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: Isl Dawn S. Sunday, Esq.~ Custody Conciliator Y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~r ~ ~ 4&v JcJdT("f; .hr~7 ~-~lL, 5Q'~("f; ~ ~ ~ ~ ~'n J'cJFJej? V:!\i\ij'1,-1}..~::r'\!r\!jd IJ ,. U'_. " .',' c.", ...."...,, 'In'" I .j'll (T, '" ;""".':"1 V r; S :6 1'1\! 9Z d3S SOOZ I' '1;/ r" """W"',''':JH1 :JO Atl',..lV!\U, ,.:-\J(I..] ..,1 3:Jb:,o-O:ni:J LISA M. BLYSTONE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-4825 v. CIVIL ACTION - CUSTODY JOHN SCOTT MATTERN, JR., Defendant CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the Complaint for Custody and companion Order of Court dated September 26, 2005, with regard to the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, certified mail, return receipt requested, restricted delivery, in Harrisburg, Pennsylvania, on September 30, 2005, as per the attached return receipt card, addressed to: John Scott Mattern, Jr. 1402 Louisa Lane Mechanicsburg, P A 17050 CUNNINGHAM & CHERNICOFF, P.C. /( Date: October 3, 2005 By; Stacy A. S lenberger 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 . Complete Ileme 1, 2, and 3. AlsO complete IIem 4 ~ ~ DoIIwry Is_. . Print Y<JlIl' name and address on the """""". so that we can return the card to you. .. Attach this card to the beck of the mallplece, or on the fRlnl ~ lIplIC8 permits. 1.~_to: -SO\'\.(\ Sto~ ~+k((),1.(. J^-l{)~lLDU,'5tt La.f'I~ (,(\~t'lie.t;bUfjJ PA r1~1:> "~ x '-- ---- . B. by (PrInted NIIme) 0.loclellYory__fIomIlem17 DYes H YES, entw dellwry _ below: 0 No 3.~~ ~CeI1IIIedMalI 1::IJxpr-_ o Reu- ,)ifFl8tum_plIorMel__ 0__ o C.O.D. 2. =";~~~'1(t,Dt) iJmqcjidtJ6~ J3/l?13 ~~~ PS Fonn 3811, Augusl2001 Comootle Return Receipt '02695-02....'840 ~- -- ,,' ;:-..:::> c,:::) c:::..n o -n -l "'- fC'f1:I:':! r- .~\"!; ':::::'-,1 ,..-,-':..: @~;4 ~Q C) C) -,~ Cf! N Plaintiff JAN 0 5 2006 j,~ l' v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA M. BLYSTONE vs. 05-4825 CIVIL ACTION LAW JOHN SCOTT MATTERN, JR. Defendant IN CUSTODY ORDER AND NOW, thl'S 3'd day of J 2006 th I t h d anuarv. , e conci ia or, aving receive no request that the custody conciliation conference initially scheduled for October 25,2005 be rescheduled, hereby relinquishes jurisdiction. FOR THE COURT, Dac8~ Custody Conciliator .... 0 c::; ~ ....l~ t.. c;:> , , ;-::'; C? ,.-- ....::.( i...J m c::, f .., :il " , :i:: -, ,-- ....r~ '. 'J LL c::::o 0 -:~ C_) c-~