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HomeMy WebLinkAbout06-3258TERRISS A. TRUEBLOOD Plaintiff VS. MITZI A. MATTIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OL - .32SP CIVIL ACTION - LAW CUSTODY COMPLAINT 1. The Plaintiff/Father is Terriss A. Trueblood who is currently residing at 880 Dartmouth Street, Apt. B18, Harrisburg, Dauphin County, PA 17109 and has been since October 4, 2005. 2. The Defendant/Mother is Mitzi A. Mattis who is currently residing at 2209 D Cedar Run Drive, Camp Hill, Cumberland County, PA 17011 and has been since July 1995. 3. Plaintiff seeks primary physical custody of Lakahya J. Trueblood (D.O.B. 3/17/1995) and Zymia J. Trueblood (D.O.B. 4/11/1994). Both children currently reside at 2209 D Cedar Run Drive, Camp Hill, PA 17011. 4. The children were born out of wedlock. 5. The children are presently in the custody of Mother. 6. From July 1995 to the present, the children have resided with their Mother at 2209 D Cedar Run Drive, Camp Hill, PA 17011. 7. The Mother of the children is Mitzi A. Mattis. She is not married. The Father of the children is Terriss A. Trueblood. He is married. 8. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with his wife Tamboura and her son. l 9. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with Lakahya J. Trueblood and Zymia J. Trueblood. 10. 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. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the children will be served by granting the relief requested. 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, Plaintiff requests the Court grant him primary physical and shared legal custody of Lakahya J. Trueblood and Zymia J. Trueblood. YOFFE & YOFFE, P.C. By A, Z?ItFfREYN. YOFFE,ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net 1. i + 1 VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true 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. §4904 relating to unworn falsification to authorities. Dated: NQ (P7?, 11 ?^Q f Gj iQ6 Ali O c C_ Cl) -r W N S m. ?t +i -,r '-e TERRIS A. TRUEBLOOD IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MITZI A. MATTIS DEFENDANT 06-3258 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 13, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at_ MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Thursday, August 03, 2006 at 8:30 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 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. Greets Esq. rVA 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -OF 00 91 ;, sI ''7! PrPf9117, A P z)o _,,-,•?_? _ ....-11-1 RECEIVED AUG X 1 2006! TERRIS A. TRUEBLOOD, IN THE COURT O MMON PLEAS F CUMBERLAND CO IA M,l Plaintiff V. MITZI A. MATTIS, Defendant NO. 06-3258 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT tti AND NOW, this 15 day of August, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Terris A. Trueblood and Mitzi A. Mattis, shall have shared legal custody of the minor children, Lakayha J. Trueblood and Zymia J. Trueblood. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing August 11, 2006 on alternating weekends, Father shall have custody from Friday at 6:00 p.m. until Sunday at 4:00 p.m. Father will pick up the children at Mother's home. At the conclusion of Father's custodial weekend, Mother will meet Father for the custodial exchange in the parking lot at Central Dauphin East junior high school. The attached holiday schedule shall supersede the regular schedule and be supplemented by the following: A. Father shall have custody on New Year's Eve until 10:00 p.m. each year. Mother shall have custody for the period from December 31 6t at 10:00 p.m. until January 1st at 11:00 a.m. The parties will alternate custody on January 16t from 11:00 a.m. to 7:00 p.m, each year with Father having the New Year's Day NO. 06-3258 CIVIL TERM custody in even years and Mother having New Year's Day custody in odd years. BY THE COURT: J. Dist: Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, Camp Hill, PA 17011 ?_ ?? _ ?? Lenora Smith, Esquire, 1205 N. Second St., Harrisburg, PA 17102 r ,N4VAIA&NN3d uNn^^, 7?,--mno ? ! .z Nd 91 onv 9DQl AWiON0'U()Jd 3HI d0 30LHIC-031U NO. 06-3258 CIVIL TERM HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1°t Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1"t Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :280962 TERRIS A. TRUEBLOOD, PLAINTIFF V. MITZI A. MATTIS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3258 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT RE: INTERNATIONAL TRAVEL AND NOW, this 15'h day of August, 2006, upon review of the custody conciliation summary report, a pre-hearing conference regarding the issue of international travel by the children shall be held on the 27th day of November 2006, at 9:30 a.m. in Courtroom No. 5, of the Cumberland County Courthouse, Carlisle, Pennsylvania. Prior to the pre- hearing conference the father shall be considered the moving party and shall submit a pre-hearing brief to the court on or before November 7, 2006. The Mother shall file a response brief on or before November 17, 2006. By the Court, Jeffrey N. Yoffe, Esquire Attorney for Plaintiff c- Lenora Smith, Esquire 0 ?? 64 Attorney for Defendant M. L. Ebert, Jr., J. bas VNVAIASNN3d kNnm, 9 f : f i WV 91 onv 9002 MVIONOHIOdd 3Mi -40 3DU?C-03113 TERRIS A. TRUEBLOOD, Plaintiff V. MITZI A. MATTIS, Defendant CEI?JED i AUG 1 1 1006 COURT OF LAND COUNTY, PENNSYLVANIA NO. 06-3258 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 THE CUSTODY OF Lakahya J. Trueblood March 17, 1995 Mother Zymia J. Trueblood April 11, 1994 Mother 2. Father filed a Complaint for Custody on June 8, 2006. A Custody Conciliation Conference was scheduled for August 3, 2006. Attending the Conference were the Father, Terris A. Trueblood, and his counsel, Jeffrey N. Yoffe, Esquire; the Mother, Mitzi A. Mattis, and her counsel, Lenora Smith, Esquire. 3. The parties reached an agreement as to the schedule of partial custody and holidays and for the summer school recess. However, the parties did not reach an agreement with regard to Mother's desire to travel to Panama. Accordingly, international travel shall be the subject of a limited-scope hearing for the parties. In light of governing federal law it is recommended that counsel submit pre-trial briefs and have a pre-trial conference with the Court before testimony is taken as this may facilitate the resolution of the matter without the necessity of hearing. 4. Father's position on international travel is as follows: Father is concerned that the children might not be returned if they travel out of the country. His counsel reports that federal law provides that the Father can withhold permission for the children to travel prior to age 14. Father is aware that some countries do not honor United States law with regards to custody orders. Father also objects to the children traveling outside the United States after the age 14 in the absence of his consent. IN THE CUMBER 5. Mother's position with regard to travel is as follows: Mother reports that she has extended family in Panama which she has not seen in 20 years. She reports that her NO. 06-3258 CIVIL TERM children have never met her extended family. Mother reports that both she and the children are American citizens and maintain no dual citizenships. While she has no trip planned for 2006, she would like to be able to go to Panama with the children July 17, 2007 through August 3, 2007. Mother's attorney points out that Mother has stable employment and a more economically advantageous lifestyle here in the United States than she would in Panama. Hence, she disputes Father's concern that Mother m' not return the children after a visit to Panama, D to Melissa Peel Greevy, Esquire Custody Conciliator ead:280956 CASE NO: 2006-03258 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRUEBLOOD TERRISS A VS MATTIS MITZI A RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon MATTIS MITZI A the DEFENDANT , at 1320:00 HOURS, on the 13th day of June 2006 at CAPITAL BLUE CROSS/BLUE SHIELD 1023 STATE STREET LEMOYNE, PA 17043 by handing to MITZI MATTIS a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contents thereof.+ Sheriff's Costs: So Answers: Docketing 18.00 Service 14.08 Postage .39 Surcharge 10.00 R. Thomas Kline .00 42.47;/ 06/13/2006 7/n/ a, YOFFE & YOFFE Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. TERRIS A. TRUEBLOOD, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3258 CIVIL CIVIL ACTION - LAW MITZI A. MATTIS, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 27th day of November, 2006, after completion of a status conference with counsel and review of the briefs filed to date, IT IS HEREBY ORDERED AND DIRECTED that counsel for both parties shall file memorandums of law on or before January 5, 2007 regarding the necessity of holding an evidentiary hearing in this matter; IT IS FURTHER ORDERED AND DIRECTED that the Plaintiff additionally address the applicability of the case of Naugle v. Naugle, 871 A.2d 832, (Pa.Super. 2005). By the Court, "*k-L ?-" M. L. Ebert, Jr., V V J. L,,,kffrey N. Yoffe, Esquire Attorney for Plaintiff VL-enora M. Smith, Esquire Attorney for Defendant bas i -;t?tir •-.f?'.3 11, L TERRIS A. TRUEBLOOD, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3258 CIVIL V. CIVIL ACTION - LAW MITZI A. MATTIS, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 8th day of January, 2007, upon consideration of the Defendant's Request to Order the Plaintiff to Consent to the Issuance of United States Passports to the minor children and after status conference with counsel, and the review of the Plaintiff's brief and Defendant's counsel's letter of January 5, 2007; IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Request to Order the Plaintiff to Consent to the Issuance of United States Passports to Lakahya J. Trueblood, (DOB: 3/17/1995) and Zymia J. Trueblood, (DOB: 4/11/1994) is DENIED without further hearing. h ffrey N. Yoffe, Esquire Attorney for Plaintiff ?eonora M. Smith, Esquire Attorney for Defendant a bas By the Court, rV NrFt' , C r t-.. ` 11?!!I lJ 0 Q :11 WV 6- NVr LOOZ 3 CN 7i [A TERRIS A. TRUEBLOOD IN THE COURT OF COMMON PLEAS Original Plaintiff & Current Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-3258 MITZI A. MATTIS, Original Plaintiff & Current Respondent : CIVIL ACTION CUSTODY PETITION OF TERRIS A. TRUEBLOOD FOR MODIFICATION OF AUGUST 15, 2006 CUSTODY ORDER 1. The current Petitioner is Terris A. Trueblood and is hereafter referred to as Father. 2. Father resides at 744 Girard Street, Harrisburg, PA 17106 3. The current Respondent is Mitzi A. Mattis and is hereafter referred to as Mother. 4. Mother resides at 2209 Cedar Run Drive, Apt. D, Camp Hill, PA 17011. 5. Father and Mother are the parents of Lakayha J. Trueblood (D.O.B. 03/17/1995) and Zymia J. Trueblood (D.O.B. 04/11/1994). 6. On August 15, 2006 an Order of Court setting forth Custody rights of the parties to the minor children was entered by the Court. A true and correct copy of that Order is attached as Exhibit "A". 7. On or around the filing date of this modification petition Father has filed a petition for special relief. The contents of the petition for special relief are incorporated herein by reference. 8. The August 16, 2006 custody Order should be modified to grant primary physical custody of Zymia to Father because Mother is physically abusing Zymia. 9. It is in the best interests of Zymia that Mother's time with Zymia be in the form of supervised visitation at such times and under such terms and conditions as agreed to by Father and Mother. 10. Father also requests modification of the August 15, 2006 Order in the following respects: A. For any child which he only has partial physical custody, Father would like the return time on Sundays to be 7:00 p.m. instead of 4:00 p.m. B. For any child which he only has partial physical custody, Father would like additional physical custody time with that child every Wednesday from 5:30 p.m. to 9:00 p.m.; and C. For any child which he only has partial physical custody, for the summers, Father would like to have physical custody of the child on an alternating two week on and two week off basis. WHEREFORE, Father requests the August 15, 2006 Order be modified as follows: A) The Court grant him primary physical custody of Zymia with Mother to have supervised visits at such times and under such terms and conditions as agreed to by Father and Mother; a. For any child which he only has partial physical custody, Father would like the return time on Sundays to be 7:00 p.m. instead of 4:00 p.m. b. For any child which he only has partial physical custody, Father would like additional physical custody time with that child every Wednesday from 5:30 p.m. to 9:00 p.m.; and c. For any child which he only has partial physical custody, for the summers, Father would like to have physical custody of the child on an alternating two week on and two week off basis. YOFFE & YOFFE, P.C. By ffrey N. offe, Esq. Attorney for Terris A. Trueblood 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing petition are true 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. §4904 relating to unworn falsification to authorities. Dated: CEIVED AU J 1 1 2005 TERRIS A. TRUEBLOOD, IN THE COURT OFLO %W 121, r, Aa-Q; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-3258 CIVIL TERM V. MITZI A. MATTIS, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this /b4 day of August, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Terris A. Trueblood and Mitzi A. Mattis, shall have shared legal custody of the minor children, Lakayha J. Trueblood and Zymia J. Trueblood. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing August 11, 2006 on alternating weekends, Father shall have custody from Friday at 6:00 p.m. until Sunday at 4:00 p.m. Father will pick up the children at Mother's home. At the conclusion of Father's custodial weekend, Mother will meet Father for the custodial exchange in the parking lot at Central Dauphin East junior high school. The attached holiday schedule shall supersede the regular schedule and be supplemented by the following: A. Father shall have custody on New Year's Eve until 10:00 p.m. each year. Mother shall have custody for the period from December 31St at 10:00 p.m. until January 1St at 11:00 a.m. The parties will alternate custody on January 1St from 11:00 a.m. to 7:00 p.m. each year with Father having the New Year's Day EXHIBIT "A" NO. 06-3258 CIVIL TERM custody in even years and Mother having New Year's Day custody in odd years. BY THE COURT: J. Dist: Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, Camp Hill, PA 17011 Lenora Smith, Esquire, 1205 N. Second St., Harrisburg, PA.17102 FM M RiE00F0 b jn&wjj whoadl. I here aft Id 11M WO '90 !?Til of W. carrAft P& V EXHIBIT "A" E . , NO. 06-3258 CIVIL TERM HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1"t Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1st Half From gam on 12/24 to 3pm on 12/25 Father Mother Christmas 2"d Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :280962 EXHIBIT "A" . 1 C FILIED-CfF U, OF POTIACINOTAW 2009 AUG 14 PM 4: 16 0) WUNTY PBMSYLVAINA :$70.00 PD ATN co 1611 a a4l .. TERRIS A. TRUEBLOOD IN THE COURT OF COMMON PLEAS Original Plaintiff & Current Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-3258 MITZI A. MATTIS, Original Plaintiff & Current Respondent : CIVIL ACTION CUSTODY PETITION FOR SPECIAL RELIEF 1. The current Petitioner is Terris A. Trueblood and is hereafter referred to as Father. 2. Father resides at 744 Girard Street, Harrisburg, PA 17106. 3. The current Respondent is Mitzi A. Mattis and is hereafter referred to as Mother. 4. Mother resides at 2209 Cedar Run Drive, Apt. D, Camp Hill, PA 17011. 5. Father and Mother are the parents of Lakayha J. Trueblood (D.O.B. 03/17/1995) and Zymia J. Trueblood (D.O.B. 04/11/1994). 6. On or very shortly prior to August 14, 2009, Zymia spoke with Lee Nedrow, intake caseworker with Cumberland County Children & Youth Services. 7. Zymia represented to Lee Nedrow (and on other occasions to Father) that on several occasions since 2005 Mother hits her to the point of leaving a mark which does not go away after a few minutes. 8. As of today's date (August 14, 2009) Father has had physical custody of Zymia and Lakahya since August 6, 2009. 9. Stating that she does not want to return to an environment where she is being hit, Zymia is refusing to be returned to the physical custody of Mother. 10. Under the circumstances, forcing Zymia to be returned to Mother's physical custody is not in Zymia's best interests. 11. Lakahya wants to return to Mother's custody and Father is not opposed to that. 12. On or shortly before August 13, 2009, Lakahya has represented to Lee Nedrow (and on other occasions to Father) that it is true that Mother hits Zymia. 13. Based on Lakahya's representations to Lee Nedrow and to Father, it is important for Lakahya to be present in Court for any hearing scheduled on this petition to at least be given the opportunity to provide relevant testimony. 14. On or around the same date as this petition is filed, Father intends to also file a petition to modify the current custody Order so as to grant him primary physical custody of Zymia. That modification petition is incorporated herein by reference. WHEREFORE, Father requests the following: 1. The Court schedule an emergency hearing for the purpose of allowing Father to submit evidence of the physical abuse of Zymia by Mother; and 2. The Court Order that pending final resolution of the modification petition filed by Father, Zymia shall remain in the primary physical custody of Father and Mother shall have supervised visits with Zymia at such times and under such terms and conditions as agreed to by Father and Mother. YOFFE & YOFFE, P.C. By FFREY N. Y FE, ESQUIRE Attorney for Terris A. Trueblood 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing petition are true 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. §4904 relating to unsworn falsification to authorities. Dated: SS X TRUEBLOOD RL D-OFFICE pF THE PPn-ldTARY 2009 AUG 14 Ph 4: 16 cWbeil . 4u CQU ,ry PENNSYLVANIA +-jo. oo po Al" ?,,?? 11ot7 e?'' aa9 ash Lenora M. Smith, Esquire Attorney I. D. #: 22607 1205 North Second Street P. O. Boa 5154 Harrisburg, PA 17110 (717) 2341608 TERRIS A. TRUEBLOOD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3258 CIVIL TERM MITZI MATTIS, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR EMERGENCY RELIEF TO RE: =_ MINOR, QM _; OOD. TO THE PRIMARY PHYSICAL CUSTODY OF MOTHER AND AND NOW comes Mitzi Mattis, Petitioner, by and through her attorney, Lenora M. Smith, Esquire, who files this Petition for Emergency Relief and in support hereof submits the following: 1. Plaintiff (Terris Trueblood) is an adult individual residing at 744 Girard Street, Harrisburg, Dauphin County, Pennsylvania, 17104. 2. Defendant (Mitzi Mattis) is an adult individual residing at 2209 D Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Everette Jean Trueblood is an adult individual residing at 717 Middle Lane, Camp Hill, Cumberland County, Pennsylvania 17011-1722. 4. Moses Leroy Trueblood is an adult individual residing at 717 Middle Lane, Camp Hill, Cumberland County, Pennsylvania 17011-1722. 5. Plaintiff and Defendant are the natural father and mother of the following minor children: a. Zymia J. Trueblood (D.O.B.: 4/11/1994) and b. Lakahya J. Trueblood (D.O.B.: 3/17/1995) 6. Pursuant to an Order of this Court dated August 15, 2006, Defendant has primary custody of the aforementioned children of the Parties. (See Exhibit "A") 7. Everette Jean Trueblood and Moses Leroy Trueblood are the paternal grandmother and grandfather of the subject minor children. 8. On or about July 13, 2009 through August 13, 2009 Petitioner went on vacation to her native Panama and upon her return, father and natural grandparents had persuaded the subject minor children to give false statements to the Cumberland County Children and Youth Agency regarding alleged physical abuse of Petitioner toward the minor children, particularly, Zymia Trueblood. 9. On another occasion, grandparents caused the Camp Hill police to come to Petitioner's home on a false claim that a child was crying. The police arrived and and found no child crying. 10. Father, Terris Trueblood, has refused to hand over primary physical custody of Zymia Trueblood. 11. School starts in the Camp Hill School District on August 26, 2009. 12. Father lives in the Harrisburg School District. 13. From the time of the Order of August 15, 2006 until August 14, 2009, Father has never had an overnight with the subject children, nor has he had them at his place of residence in Dauphin County, Pennsylvania. 14. From the time of the Order of August 15, 2006, the paternal grandparents have interfered with Petitioner's parenting, the most serious is the recent call to Cumberland County Children and Youth wherein they manipulated the Parties minor children to give false statements about Petitioner's allege physical abuse.. 15. It is submitted that unsupervised visits with the paternal grandparents is not in the best interest of the children. 16. It is further submitted that Father's failure to hand over primary physical custody of Zymia Trueblood to Petitioner is in violation of the Order of August 15, 2006 and not in the best interest of the child. WHEREFORE, Plaintiff requests this Honorable Court to have an emergency hearing on this matter, Order Father to hand over primary physical custody of Zymia Trueblood pursuant to the Order dated August 15, 2006 and prohibit unsupervised visits of the minor children with their paternal grandparents, Everette Jean Trueblood and Moses Leroy Trueblood and any other awards this Court deems appropriate as well as award court costs and counsel fees. Respectfully Submitted II 1 D? Date: August /1 2009 By: Aw" r , Lenora M. Smith, Esquire Attorney I. D. #: 22607 1205 North Second Street Harrisburg, PA 17102 (717) 234-1688 Attorney for Petitioner, Mitzi Mattis VERIFICATION I, Mitzi Mattis, verify that the statements made in the forgoing are true and correct to the best of my knowledge, information and belief. The undersigned understands that my statements therein are made subject to the penalties of 18 Pa. C. S. A § 4904 relating to unworn falsification to authorities. Date: U Mi ttis CERTIFICATE OF SERVICE I, Lenora M Smith, Esquire, hereby certify that I have on the 4_:j _ day of August, 2009, served a true and correct copy of the within PETITION FOR EMERGENCY RELIEF TO RETURN THE MINOR. ZYMIA TRUEBLOOD, TO THE PRIMARY PHYSICAL CUSTODY OF MOTHER on the person named below by depositing a copy thereof in the U. S. Personal service, addressed to the following: Jeffrey N. Yoffee, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Attorney for Plaintiff By: Vx L-tt Lenora M. Smith, Esquire Attorney I. D. #: 22607 1205 North Second Street Harrisburg, PA 17102 (717) 234-1688 Attorney for Plaintifft Mitzi Mattis TERRIS A. TRUEBLOOD, Plaintiff V. MITZI A. MATTIS, Defendant IN THE ORDER OF COURT AND NOW, this L3?` day of August, 2006, Custody Conciliation Summary Report, if is hereby order 1. Legal Custody. The parties, Terris A. T have shared legal custody of the minor children, La Trueblood. Each parent shall have an equal right, to parent, to make all major non-emergency decisions al being including, but not limited to, all decisions regi religion. Pursuant to the terms of 23 Pa. C. S. §5309, records and information pertaining to the children Inc dental, religious or school records, the residence addri parent. To the extent one parent has possession of ar parent shall be required to share the same, or copies 1 such reasonable time as to make the records and inform parent. 3. Physical Custody. Mother shall have pi Father's rights of partial custody which shall be arranged A. Commencing August 11, 2006 on shall have custody from Friday at I p.m. Father will pick up the childi conclusion of Father's custodial we for the custodial exchange in the I East junior high school. The attached holiday schedule shall be supplemented by the following: z 04 T OF COUNT( PE*10 SYLVANIA CN IL TEEM L ACTION - I.JkW IN CUSTODY onsideraticn of the attached directed at-, follows: 3I and Mit j A. Mattis, shall ha . Trueblood and Zymia J. ex rcised jointly with the other tin the childn)n's general well- ng err health, education and ch anent shall be entitled to all ng, but not limited to, medical, of a children and of the other uc records or information, that ao with the ether parent within in reasonable use -to the other custody subject to ;m 'ng weekends, Father i p. until Sunday at 4:00 at other's home. At the id, other will meet Father ing t at Central Dauphin regular schedule and A. Father shall have custody on New ear` Eve until 10:00 p.m. each year. Mother shall have stod for the period from December 313t at 10:00 p.m. until Ja ua 1St at 111M a.m. The parties will alternate custody on Ja ary St from 11:00 a.m. to 7:00 p.m. each year with Father havi th New Year's Day x3258 CIVIL TERM HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holid ay Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holid ay Independence Day From 6pm the evening before the ' Mother Father holiday to 6pm the day of the holid y Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holid y Thanksgiving 1,* Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2"4 Half From 3pm on Thanksgiving Day t Father Mother 6pm the day after Thanksgiving Da y Christmas 1'I Half From gam on 12/24 to 3pm on 12/2 5 Father Mother Christmas 2nd Half From 3pm on 12125 to 3pm on 1 6 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holid y Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holid y :280962 ,-3258 CIVIL TERM custody in even years and custody in odd years.. BY THE Est Lenora Smith. Esquire, 1205 N. Second St., HarnWmg, PA 17102 New Year's Day Dist: Jaffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, CWW 'HiN PA 1 11 J - " fo, i hide wMO t?1t tar Ilia Amb& A19 Sod - i at Caew_P& ?a,., 9 AUG 1 ? T. 31 cu CoLNTY ??Zo.oo pp R'?''? rota ?? ?g3o3 TERRIS A. TRUEBLOOD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MITZI A. MATTIS DEFENDANT 2006-3258 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 18, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 25, 2009 at 2:30 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. 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/ ohn . Mangan, r. Es . 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OF TH Pp,-, ARY 2009 AUG 18 PM 0: 04 pp`r? r Lr1rRI? le- TERRIS A. TRUEBLOOD, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3258 CIVIL CIVIL ACTION - LAW MITZI A. MATTIS, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 18th day of August, 2009, upon consideration of Father's Petition for Special Relief and the Court having received a verbal report regarding their inquiry into the Father's allegations, IT IS HEREBY ORDERED AND DIRECTED that the Petition for Special Relief is DENIED. The current court custody order dated August 15, 2006, shall remain in effect and complied with by both parties. IT IS FURTHER ORDERED AND DIRECTED that this matter shall proceed as a Petition to Modify Custody, as indicated in paragraph 14 of Father's Petition for Special Relief. After the filing of the Petition for Modification of Custody, the matter shall be set for a hearing before a custody conciliator. By the Court, Z JeffreY N. Yoffe, Esquire Attorney for Plaintiff Mitzi a. Mattis 2209 Cedar Run Drive, Apt. D Camp Hill, PA 17011 Court Administrator -gW bas aim - NNII-? ??A M. L. Ebert, Jr., J. OF THE Pao"?'11I,;k1 7r'RY 2004 AUG 19 Ali 8.4 3 GUMS ; .r,_ . ;r ii.)I T PO"I Syl.V; NIA OCT 0 9 20094 TERRIS A. TRUEBLOOD IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MITZI A. MATTIS : No. 06-3258 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: M. L. Ebert, Jr., J. COURT ORDER AND NOW, this _115f*-day of October 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody 2. Legal custody: The Mother, Mitzi A. Mattis, and the Father, Terris A. Trueblood, shall have shared legal custody of Zymia J. Trueblood, born 04/11/1994 and Lakayha J. Trueblood, born 03/17/1995. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Hearing is hereby scheduled on the a?-day of - r 2010 at _ _ , 3? a?/pm in Courtroom number,2 in the Cumberland ty Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Commencing October 2, 2009, on alternating weekends, Father shall have custody from Friday at 6:00 pm until Sunday at 7:00 pm. The parents shall exchange custody of the Children at the Lower Allen Police Station. b. Father shall have physical custody of the Children every Wednesday from 4:30 pm until 8:30 pm. Father shall provide the transportation for his periods of custody. C. Absent mutual agreement otherwise, the parties shall meet for the custody exchanges at the Lower Allen Police Station. d. For the summertime when the Children are not in school, the parties shall share physical custody on a week on/ week off schedule. e. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. Counseling: The parties shall continue to engage in co-parenting counseling. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: The attached holiday schedule shall supersede the regular schedule and be supplemented by the following: Father shall have custody on New Year's Eve until 10 pm each year. Mother shall have custody for the period from 12/31 at 10 pm until 01/01 at 11 am. The parties will alternate custody on 01/01 from 11 am to 7 pm each year with Father having the New Year's Day custody in even years and Mother having New Year's Day custody in odd years. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. The parties are hereby authorized to contact the assigned conciliator to directly schedule another conciliation conference prior to the scheduled Court hearing if it is necessary or proper to do so in the best interest of the Children. 12. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. I bution: J)istri ? J ffrey Yoffe, Esq., 214 Senate Ave., Ste 404, Camp Hill, PA 17011 ?nora Smith, Esq., 1205 N. Second Street, Harrisburg, PA 17102 /John J. Mangan, Esq. OF I of r s`o4 ?::Mrq HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter From 6 pm the evening before the Mother Father holiday until 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Father Mother holiday until 6 pm the day of the holiday Independence Day From 6 pm the evening before the Mother Father holiday until 6 pm the day of the holiday Labor Day From 6 pm the evening before the Father Mother holiday until 6 pm the day of the holiday Thanksgiving 1St From 6 pm the evening before Mother Father Half Thanksgiving Day to 3pm on Thanksgiving Da Thanksgiving 2° From 3 pm on Thanksgiving Day to Father Mother half 6 m the day after Thanksgiving Da Christmas V t Half From 9 am on 12/24 to 3 pm on Father Mother 12/25 Christmas 2° Half From 3 pm on 12/25 to 3 pm on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday TERRIS A. TRUEBLOOD Plaintiff V. MITZI A. MATTIS Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-3258 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Name Date of Birth Currently in the Custody of Zymia J. Trueblood 04/11/1994 Primary Mother Lakayha J. Trueblood 03/17/1995 Primary Mother 2. An Order of Court had been issued August 15, 2006 and a Conciliation Conference was held on September 30, 2009 with the following individuals participating: The Mother, Mitzi A. Mattis, with her counsel, Lenora Smith, Esq. The Father, Terris A. Trueblood, with his counsel, Jeffrey Yoffe, Esq. 3. Mother's position on custody is as follows: Mother maintains that she has been the Children's primary care-giver and desires to have primary custody of the Children. Mother does not want the Children split apart from each other. Mother acknowledges that there is some tension between herself and Zymia, but it is just normal teenager/Mother issues. Mother maintains that she offers the Children a structured and stable environment. Both Children are doing well in school at Cedar Cliff and are involved in many activities. Mother alleges that Father is not the most responsible parent and that paternal grandparents shoulder much of the responsibility when the Children are with Father. Father owns a house in Harrisburg and Mother does not want the Children to switch schools. Mother indicates that some counseling (co- parenting) has just started, but that not much has been accomplished to date. Mother alleges that Father works in Baltimore and commutes there every work day. Mother is concerned that Father will not be able to adequately supervise the Children. Mother alleges that the paternal grandparents are too lenient on the Children and that the paternal grandparents unduly influence/interfere with the parental duties of the parents. Mother would like the status quo to remain in place. 4. Father's position on custody is as follows: Father requests primary, or at least shared, physical custody of Zymia. Father alleges that Mother inappropriately disciplines the Children, especially Zymia. Father indicates that he is better able to offer Zymia a more emotionally stable environment. Father alleges that Zymia would like to primarily live with him. Father does acknowledge that he owns a house in Harrisburg, but that he spends most of his time at paternal grandparents house and that he can and will be moving to Cumberland County in the very near future to reside with his parents. Father maintains that the Children have a great relationship with him and his parents. Father indicates that his commute to work takes a little over an hour and that he is able to properly supervise the Children. Father requests that during the summertime, the parents share custody in two week blocks of time. Both parents are willing to continue with the co-parenting counseling. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one f day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: v John gan, Esquir Cus d Conciliator l iLrv` -;r.c f° ':^ T1-'t-, O?TARY 2009 OCT 15 PH I: 3 U F11 EE' v=-CC TERRIS A. TRUEBLOOD : IN THE COURT OF COMNi6iq-P)?A `fO7ARv Original Plaintiff & Current Movant OF CUMBERLAND COUISN'A. + ' S PENNSYLVANIA VS. - V o r NO. 06-3258 MITZI A. MATTIS, Original Defendant & Current CIVIL ACTION Respondent CUSTODY MOTION OF TERRISS A. TRUEBLOOD FOR ORDER DIRECTING PRESENCE OF CHILD AT FEBRUARY 24, 2010 HEARING 1. A custody hearing is scheduled in front of the Honorable M.L. Ebert, Jr. on February 24, 2010 at 1:30 p.m. 2. As represented in Father's (Terriss A. Trueblood's) petition for modification and petition for special relief (each filed on August 14, 2009), the primary basis for Father's request for relief is that Mother is physically abusive to the minor child, Zymia J. Trueblood, born on April 11, 1994. 3. At the February 24, 2010 hearing it is crucial for the Court to be given an opportunity to hear testimony from Zymia in order for the Court to render a just decision in this case. 4. Zymia will be in Mother's physical custody at the time of the February 24, 2010 hearing. 5. In the early morning of January 21, 2010, the undersigned e-mailed a copy of this motion to Attorney Lenora M. Smith requesting her client's (Mother's) position on this motion. Later in the morning of January 21 the undersigned received a reply e-mail from Attorney Smith, however, that e-mail did not represent a position on this motion. As of the evening of January 23, the undersigned has still not received from Attorney Smith a definitive position on this motion and therefore it is assumed Mother does not concur with the relief requested in this motion. WHEREFORE, Father requests the Court Order that Mother either bring Zymia to the February 24, 2010 hearing, or make arrangements with Father for Father to bring Zymia to the February 24, 2010 hearing. YOFFE & YOFFE, P.C. Date: January 23, 2010 BAffr Yoffe, sq. Attorney for Terriss A. Trueblood 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 TERRIS A. TRUEBLOOD Original Plaintiff & Current Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-3258 MITZI A. MATTIS, Original Defendant & Current CIVIL ACTION Respondent CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicate below he served the foregoing on the below individual by mailing the same to the address indicated. Lenora M. Smith, Esq. P.O. Box 5154 Harrisburg, Pennsylvania 17110 YOFFE & YOFFE, P.C. Date: January 23, 2010 n?.& mid 7effrey`N. Yoffe, Esq. Attorney for Terriss A. Trueblood 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 Yoffe & Yoffe, P.C. Jeffrey N. Yoffe, Esq. 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Attorney ID # 52933 Ph: (717) 975-1838 Fax: (717) 975-1912 jyoffe@verizon.net TERRIS A. TRUEBLOOD Original Plaintiff & Current Movant VS. MITZI A. MATTIS, Original Defendant & Current Respondent i ILEZI '1i I ,, AR 2010 JAN 27 Ar, 0: 24' ,17V cut, ii_.i . _ _• l1sJ JAN 2 6 2010 fs Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3258 CIVIL ACTION CUSTODY ORDER OF COURT AND NOW, this day of arv ? , 2010, in consideration of Terriss A. Trueblood's motion requesting an Order directing the presence of Zymia J. Trueblood at the upcoming February 24, 2010 hearing, it is hereby Ordered that Mother shall either bring Zymia to the February 24, 2010 hearing, or make arrangements with Father for Father to bring Zymia to the February 24, 2010 hearing. BY THE COURT A4? ? . srn 14k 4'f J . VOWEL £? ma l ?ryl By: _ 1?k ? HON. M.L. EBERT, JR. J. TERRIS A. TRUEBLOOD Original Plaintiff & Current Movant VS. MITZI A. MATTIS, Original Defendant & Current Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, h PENNSYLVANIA Fri r, NO. 06-3258 CIVIL ACTION ?a CUSTODY . CERTIFICATE OF CONCURRENCE -< N O C- N -., w -', h IM 77 ! rd On January 26, 2010, Attorney Smith indicated to the undersigned that the above captioned Respondent concurred with the relief requested in Movant's motion for an Order directing the presence of a child at the upcoming February 24, 2010 custody hearing. YOFFE & YOFFE, P.C. Date: January 26, 2010 BY14&IA /MN 7ffrey N. Yoffe, Esq. Attorney for Terriss A. Trueblood 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 TERRIS A. TRUEBLOOD Original Plaintiff & Current Movant vs. MITZI A. MATTIS, Original Defendant & Current Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3258 CIVIL ACTION CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicate below he served the foregoing on the below individual by mailing the same to the address indicated. Lenora M. Smith, Esq. P.O. Box 5154 Harrisburg, Pennsylvania 17110 YOFFE & YOFFE, P.C Date: January 26, 2010 BrA e N. Yo e, Esq. ttorne y for Terriss A. Trueblood 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 TERRISS A. TRUEBLOOD, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA _ NO. 06-3258 CIVIL ° CIVIL ACTION - LAW MITZI A. MATTIS, 3 DEFENDANT IN CUSTODY ,. ORDER OF COURT AND NOW, this 1 s` day of March, 2010, after hearing in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: The Mother, Mitzi A. Mattis, and the Father, Terriss A. Trueblood, shall enjoy shared legal custody of the children, Zymia J. Trueblood, born 4/11/94 and Lakayha J. Trueblood, born 3/17/95. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections for the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Physical Custody: A. School Year: (1) Mother shall have primary physical custody of the children during the school year subject to Father's partial physical custody as follows: (a) Alternating Weekends: Father shall pick up the children Fridays at 6:00 p.m. and keep them until Sunday at 7:00 p.m. every other weekend. If the children do not have school on Monday, Father will remain in custody of the children until 7:00 p.m. Monday evening. (b) Wednesday Evenings: Father will have custody of the children every Wednesday from 4:30 p.m. until 8:30 p.m. B. School Summer Recess: The parties shall share physical custody on a week on/week off schedule. Father's first week of physical custody shall begin Friday, June 18, 2010, at 6:00 p.m. and shall alternate every other Friday. Mother shall resume school year custody beginning Friday, August 20, 2010, at 6:00 p.m. C. Holidays: The following holiday schedule shall supersede the regular schedule: HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter From 6:00 p.m. the evening before the holiday until Mother Father 6:00 .m. the day of the holiday Memorial Day From 6:00 p.m. the evening before the holiday until Father Mother 6:00 .m. the day of the holiday Independence Day From 6:00 p.m. the evening before the holiday until Mother Father 6:00 .m. the day of the holiday Labor Day From 6:00 p.m. the evening before the holiday until Father Mother 6:00 .m. the day of the holiday Thanksgiving 1s half From 6:00 p.m. the evening before Thanksgiving Day Mother Father until 3:00 .m. on Thanksgiving Da Thanksgiving 2" half From 3:00 p.m. on Thanksgiving Day until 6:00 p.m. Father Mother the day after Thanksgiving Da Christmas P half From 9:00 a.m. on 12/24 until 3:00 p.m. 12/25 Father Mother Christmas 2" half From 3:00 p.m. on 12/25 until 3:00 p.m. on 12/26 Mother Father New Year's 1S half From 1:00 p.m. on 12/31 until 1:00 p.m. on 1/01 Mother Father New Year's 2" half From 1:00 p.m. on 1/01 until 1:00 p.m. on 1/02. Father Mother Mother's Day From 6:00 p.m. the evening before the holiday until Mother Mother 6:00 .m. day of the holiday Father's Day From 6:00 p.m. the evening before the holiday until Father Father 6:00 .m. the day of the holiday D. Transportation: Unless otherwise agreed to by the parties, weekend and holiday custody exchanges shall occur at the Lower Allen Township Police Department. Father will provide all transportation for both pick up and return of the children for the Wednesday night visits. 3. Nonalienation: Neither parent shall do or say anything, which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 4. Telephonic Contact: Both parents shall have liberal and reasonable telephone contact with the children while the children are in the custody of the other parent. In the event that either party has a change in their telephone number or terminate telephone service, they will inform the other party within 24 hours of the change. 5. Cell Phones: Possession of a cell phone by either child shall be a privilege to be determined exclusively by Mother. Neither Father nor Paternal Grandparents shall provide cell phones to the children without the express permission of the Mother. 6. Out of State Travel: In the event the custodial parent should take the children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Alcohol, Tobacco, or Controlled Substance Usage: Neither party shall consume alcohol, smoke, or use illegal controlled substances or be under the influence of either when the children are in their custody nor will the parent allow third parties to smoke, use illegal controlled substances or consume alcohol in the presence of the children when the children are in the custody of the parent. 8. Modification: 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, Zieffrey N. Yoffe, Esquire Attorney for Plaintiff Lenora M. Smith, Esquire Attorney for Defendant bas w e. , .? P M. L. Ebert, Jr., J.