Nowotarski v. Matz

32 Pa. D. & C.4th 509, 1996 Pa. Dist. & Cnty. Dec. LEXIS 227
CourtPennsylvania Court of Common Pleas, Berks County
DecidedJune 7, 1996
Docketno. 5353-93 A.D
StatusPublished

This text of 32 Pa. D. & C.4th 509 (Nowotarski v. Matz) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nowotarski v. Matz, 32 Pa. D. & C.4th 509, 1996 Pa. Dist. & Cnty. Dec. LEXIS 227 (Pa. Super. Ct. 1996).

Opinion

GRIM, J.,

The matter before the court is a custody dispute. The following are the pertinent facts.

[511]*511Plaintiff, Michael L. Nowotarski, and defendant, Susan Matz, are the parents of a son, Michael Lee Nowotarski, born May 28,1990. The parties were never married, but they have lived together. The child is now in kindergarten where he attends morning sessions. Defendant wants sole legal custody of Michael because she believes that plaintiff cannot communicate with her or compromise on anything regarding Michael.

Under the present temporary custody order the parties share legal and physical custody of their child. Until recently Father worked 3 p.m. to 11 p.m. He had custody of Michael during the week until 2:30 p.m. when he would take the child to one of his grandparent’s residences where Mother would pick the child up after work.

Father now works third shift from 11 p.m. to 7 a.m. He changed shifts to be able to spend more time with Michael since he is in school. Father meets the child at the bus stop after school and keeps him until Mother can pick him up after work. Father provides lunch and supper for the child. The exchange of the child occurs at the Cumru Township Police Department. Father also receives custody of Michael on alternate weekends from Saturday morning until Sunday evening.

Mother testified to many examples of Father’s intransigency and controlling behavior. Mother had wanted Michael to attend a preschool to acquire some socialization skills before he started kindergarten. Father had contended that Michael did not need to attend a preschool and had refused to allow the child to participate in any. Father subsequently had enrolled Michael in a local church group without first discussing the issue with Mother. Mother had to seek court intervention to have Michael attend a mutually acceptable preschool.

[512]*512Father also tried to enroll Michael in kindergarten in the school closest to his residence after the parties had already agreed that the child would attend the school closest to Mother’s house since Michael sleeps at Mother’s residence and leaves for school from her house. Mother had to seek court intervention to resolve this conflict.

Mother testified that Father is verbally abusive to her in the child’s presence. Father calls her names such as “slut,” ‘‘whore,” and “bitch.”

Mother is afraid of Father and obtained a protection from abuse order against him. She testified that he has pushed her during custody exchanges and inflicted bruises on her. Father denied shoving Mother. He alleged that he had tripped and fallen into her.

Many problems occurred concerning the exchange of the child. Since there is a protection from abuse order in effect between the parties they are not to have any contact and exchanges of the child are to take place in public places. The regular exchange point is the Cumru Township Police Department. However, if Mother is late even if only by several minutes, Father leaves with the child. Mother then has to find him. For example, Father tells her to meet him at the police department but he takes the child to a different police department or goes to a mini-market further away than the logical choice. Mother has driven an extra 30 miles in one day trying to get the child.

Sometimes Father insists that Mother pick Michael up at his home. Mother does not want to go to Father’s residence because she is afraid of and intimidated by him.

Judith Matz, the maternal grandmother, testified that Father has refused to turn the child over to her and has held the child tight against him when she has come [513]*513to pick up Michael when Mother has been late. If Ms. Matz refuses to leave without Michael, Father threatens to call the police to have her arrested. Father testified that he will not give Michael to another person, including Ms. Matz, because only he and Mother are the child’s parents. If Mother is late he will just wait for her.

Father sometimes refuses to allow Michael to walk to Mother at the exchanges. Father wants either to carry the child to Mother or to have Mother approach him for the child. If Mother refuses to accommodate Father, Father then tells Michael that Mother does not want him. Father denies that he makes this statement to Michael. He did not, however, deny his behavior.

Father has interfered with Michael’s school bus transportation. Several times Father attempted to grab the child from his maternal grandmother while they were waiting for the bus in the morning. During these episodes Father yelled epithets at Ms. Matz such as “fucking asshole” and “goddamn bitch.” Father sometimes takes Michael off the bus at school instead of picking the child up at the bus stop. Father testified that he does these things because he wants to spend more time with Michael and Michael does not miss anything by not riding on the school bus.

Father also interferes with Michael’s medical and dental appointments. Mother makes appointments for the child and takes off from work to take him only to find out that Father cancelled her appointments and made his own without informing her.

Father makes harassing telephone calls to Mother. He calls her 15 to 20 times a day with weak excuses for the calls.

Ms. Matz testified that Father calls her every time he believes that she has Michael. In December 1995, Mother and Michael stayed overnight at her home so [514]*514she could care for Michael during the time Mother was at a Christmas party. Father called her at 10 p.m. to speak to the child but Ms. Matz informed him that Michael was sleeping. At 11 p.m. Father came to her residence and banged incessantly on her door for 10 to 15 minutes. Ms. Matz’s son called the police. An officer talked to Father prior to his leaving.

Mother plays in a volleyball league. Since Father worked during the games, Mother had Ms. Matz watch Michael if Michael did not want to attend the games. Sometimes Father would telephone Mother at the games and insist that she be gotten off the court to talk to him. When she came to the telephone he harangued her for not asking him to take care of Michael. Sometimes Father called her from work.

On one occasion when Ms. Matz was watching Michael, Father made several telephone calls to talk to the child. Michael and Father had several conversations. That same evening as the child was preparing for bed, Father knocked on the door, shoved Ms. Matz aside when she opened the door, grabbed Michael, and took the child even though it was not Father’s custody period.

Following a contempt hearing in November 1994, the parties were directed to attend co-parenting counseling. Their counselor advised them to do a family activity once a month. The parties did activities together, including going on a summer vacation in 1995. During this vacation the parties did not sleep together. Mother testified that she did most of the activities for her son’s sake and to appease Father because he became vindictive whenever she attempted to end their relationship.

The court had the parties fill out custody/visitation questionnaires. The court notes that Father was not truthful in answering all the questions. Father answered that he enjoys perfect health; he failed to mention that he [515]

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Bluebook (online)
32 Pa. D. & C.4th 509, 1996 Pa. Dist. & Cnty. Dec. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nowotarski-v-matz-pactcomplberks-1996.