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Home My WebLink About96-05129 o<,l ,," ~ >-... 1ll ~ ... ~ ~ ~ ~ \ { f } / ( ; , , i i .. 1r>-' MICHELLE L. HARTIN, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96 - 5129 CIVIL TERM . . v. . . . . . . . . GREGG L. EYER, Defendant . . : CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this l~ t~ day of December, 1996, upon the attached Custody Conciliation Report, it directed as follows: consideration of is ordered and 1. The prior Order of Court issued at Franklin County, Docket '1994-1041 and dated October 12, 1995 is vacated. 2. The Mother, Michelle L. Martin and the Father, Gregg L. Eyer shall enjoy sbared legal custody of Coddy W. Eyer, born October 17, 1994. 3. The Motber shall enjoy primary physical custody of the minor child. 4. Tbe Fatber shall enjoy periods of temporary physical custody of tbe minor child as follows: A. On alternating weekendll from Friday at 5:00 p.m. until Sunday at 5:00 p.m. B. On alternating Wednesdays from 4:00 p... until 7:30 p... C. For a period of two _eks in the IIW1l1l1er, wbicb wffeks sball not be consecutive and which _eks shall bff obtained upon Fathffr giving Hother at least 30 days written notice as to when hff would intend to exercise the sWlllller vacation. 5. rhe ChristINs holiday shall be split &qually bet_en the ~rties with the two ..parat. segments being from Chris~all Eve at 5130 p... until ChristINs D.ly until J :30 p... and ChristINs D.ly at J:30 p... until ChristINs D.l1 at 7:30 p... fhe parties shall alternat. those .eqments each year with the 'ather h.1ving the [jrst seqment in UJ6 and the ~rti.s alternating thereatter. 6. Tor Thanksgiving and Ea.ter, tho.. holidays .hall be alternated with tlleti.. Ir... being J:30 .... until 1:30 p... and the Father h.ving odd ye.rs and the Mother having ev.n )'W.r.. 1. fhe July fth hol idol' .llol11 be ..ltn'natMl (0,. . ti..., tTol..., t,.cw noon until JO:oo p... with 'oIther h.ving even ,..,.s and Hother having odd ,..,.s. , . 8. The Halloween holiday shall be alternated from 4 :00 p.m. until 8:00 p.m. with Father having odd years and Mother having even years. 9. The Father shall have custody on Father's Day and the Mother shall have custody on Mother's Day, the time frame to be from 9:30 a.m. until 7:30 p.m. 10. On the child's birthday, the non-custodial parent shall be afforded time with the child at least from 4:00 p.m. until 7:30 p.m. 11. The custody provisions with respect to the holidays, Father's Day and the child's birthday, shall supersede any other provision of this order and shall take preference over the alternating weekend schedule and any vacation schedule. 12. The parties shall exchange physical custody of the minor child at the lGA in Newville. The parties may make arrangements for a responsible adult, other than the party, to handle the transportation for exchange. In the event either party relocates 20 miles from their current home, the parties shall negotiate a new exchange point. 13. The parties may modify this agreement upon any personal agreement between the two parties. Absent the parties reaching an agreement with respect to moditication of this Order, this Order shall control. Moditication of this Order does contemplate the possibility of Mother affording Father additional periods of temporary custody other than the periods as set torth in this Order. 14. The parties shall keep each other advised with respect to phone numbers where the parties may be reached in times ot emergency. Furthermore, the parties shall endeavor to atteapt to abide by the time schedules set forth in this Order and shall, where possible, promptly notify the other EUrty if there is any emergency or requir_nt that the scheduled exchange ot custody be modified. IS. This Order is entered pursuant to an agre_nt reached by tbe EUrties at a custody conciliation conference. In the event either EUrty desires to modify the order, th..t EUrty _y petition the Court to have the case ag..in scheduled for a conterence vith the CUstody Conciliator. 8y the court, -fW~ ~oJl;' J. cc: o.vid C. Schanbach.r, rsquir. Lynn r. MacBride, Esquire \ \.... ,. .l..( 1.1 J ./.,;,. " I . . MICHELLE L. HARTIN, t IN THE COURT OF COMMON PLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA . . v. t CIVIL ACTION - LAW . . GREGG L. EYER, : NO. 96 - 5129 CIVIL TERM Defendant : : CIVIL ACTION - CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b}, the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the child who is subject of this litigation is as follows: Coddy W. Eyer, born October 17, 1994 2. A Conciliation Conference was held on December 6, 1996. Present were the Mother, Michelle L. Martin with her counsel, Lynn Y. MacBride, Esquire, and the Father, Gregg L. Eyer, with his counsel David C. Schanbacher, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. o.te Hubert Z. Gilroy, Custody Concilia ~ en ~ - I - ..::I I: ~" N N ~ i ~ r: MICHELLE L. MARTIN, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GREGG L. EYER, Defendant NO. 96-5129 CIVIL TERM ~ AND NOW, this ~;JdaY of November, 1999, upon consideration of the praecipe withdrawing Defendant's petition for custody, filed by John J. Baranski, Jr., Esq., attorney for Defendant, the hearing previously scheduled for November 24, 1999, is cancelled. BY THE COURT, J. . . Richard L. Webber, Jr., Esq. P.O. Box 40 366 Green Spring Newville. PA 17241 Attorney for Plaintiff John J. Baranski, Jr., Esq. Hitncr House. SllItes 20 I and 202 35 East Hllb Stmt Carlisle. PA 17013 Attorney for Defelldlftt e...,,-....~ "/4Sh~. "&'l', 2 ~ Q .,; ~ ij:!f' '," Uil' *>;,1.' lj~ ...,' t' N . (~.. w .. ~-~\ ' t''' :( ~ '," ,<;,-. T~ .:... i,J~ ~t_ C'" ;'" .. " .. \.} "'. :::I ~ =< CD :n: .- .'.' '. I ; I 0 , . . . \"0" I' l . t--ri-"f"-' i' ,. 6' ~. 1" ~. , " ,I'" ,. ....f '-,- -,. ,.:, .:' k .,...,. . . . , ~ Pi ~ ~,Jt - '" .r:. 'S:.. 3 b; l;; ~ t., 'V - '-9" ] '- U' r:: -, i .-!' . , '. . , 0 .. '" . . ; . , < ~-t.. )- 'j , 1,.... , c'\ () '--' ~ . 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"' .' , .. , , , ('~ tl' ~.~ t u.- ,;...... . f. I \ 'n C' -' L._' -' r~, d ~' ,.. 'l- .t " \ C'\ L' -':1 , J , 4 7, Admitted, 8, The averments of paragraph 8. arc legal conclusions to which no responsive pleading is rcquired. To the extcnt a responsive pleading may be de'ennined to be required. it is specifically dcnied thatlhe best interest and pennanent welfare of the child will be serwd by granting 1'laintiITs r~'quested relief and it is further denied thatJ'lain,itris better able and willing to pnwide for Ihe child's needs at this time and strict pruofthereof is demanded at trial. 8a, Admitted in part and denied in part. It is admitted that "laintitT has been the primary cust,x1ian of the child, Ilowe\'Cr. it is slX'Cifically deni~oJ to the extent implied in I'laintill's avennent that she has Ix.-cn the only parent to care tilr the child and strict pnlof to the contrary is demanded at trial. By way of further answer. Defendant, as the child's falher. ha~ provided care. nurturing and supervision for ,he child, I 'I I II II II il I' jl II f i , I, II I' I! II 'I I II j! i1 ft u it i! 8b, Admitted in part and denied in part, It is admitted that Defendant did have custody of the child from on or about July 17. 19%. to on or ahout August 2. 1996, Ilowe\'Cr, it is specifically denk-d lhat Defendant did retain the child in his custody' with the intent to purposcly violale Ihe Franklin Counly Custody Ord~'I'. in factl'laintill's mOlher agn.'Cd with Def~'I'Idant's actions in that situation, and stricl proof lherC\lf is dcmand~oJ al trial. By way further answer, I>cfendant retained the child on ,hat one occasion becausc it was Deli.'I'Idant's beliefthallhe child was not being properly supervised. f~oJ and car"-d Itlr. for example. child \\as n.-siding in a household \\ ith nine (9) other individuals. lilUf of \\hom WCTC adull and live were childn.'Il and child slept 1m a couch instead of in a crib which Defcndant believed 10 be inappn>priate tilr a child of appmximalcly one (I) year and nine (9) monlhs, By way ofSlill further answer. Deli:ndant hroughllh~'SC concerns to PlainliITs allenlion prior to July 17. 1996. and after lhat date as well and I'JainlifT failed 10 remedy lhe situalion, By way of still further answer. il is slX'Cifically deni..oJ lhal Defendanl has on numemus occasions sirn:e the entl) of ,he Franklin County Custody Order. failed to return Ihe child tllthe PJaintitI in a limely ta.~ion as J'JaintitT has a\Crrcd. and strict pmof Ihen.'\lf is dcmand~oJ at trial. 8c, Denied. It is slX'l:ilkally d~'IlkoJ as !,Iaintin' ha~ a\cm-d that Defendant has threatem.-d on numerous oCl:asions to take ~ child and pre\ ..'Ilt ~ !'bintin' from seeing the child and stricl proof then.'of is dcl1lal1lk-d al trial lid, IA'Ili..oJ, It is slX'Citically dcnkoJ lhalllcfi:ndanl has e\\,"l' Ihreatcrn.oJ to killlbe PbinlilI and slric' pnlof 1h..'I'\.'\lf is d..'I'IlaI1<koJ altrial, lie 1l..'Ilit.-.1, It is S1X'\:ilically .1.'lIk-.1 that DI.'I,'tldant has \111 nUlIk."I\.l\IS o~"(a~ms n."turtll.'Il111\: child hI lhe l.'laintilI in a sid.!) conJilhlll and slncl pn'ofth..'I'\.'\lf is <ktnan.k..... alloa! ;) lIf ,\1\\'1' re',,-..ll1aNc ill\Cslij;allon, De....ndilllt i'i \\"hI'IIt LIIIJ\\"'......'C Of int'(mnatitll'l sullki..'I'Ilt'l h'fIll " "'lid as It' tbe truth 1'1' th..'li<: ah,"",-'Ill~ and stn(t 1"'\'01' tl1\:f\.'of is ~-.1 at trial llll In.: ""'"'''-'11' in rar.q,'fal'h Itg is a "-'l:tl (lll'ICl\lsitm '" \\hich Ill) I\.~_i\e r1~'3dlllll i, n.,\!uin.'Il t lIthe ...,t<nt a !\."Sf'I_ihk rk'3d~ n\a~ '" d..wmirn.-.1 '" tit: I'1."qUiI'\'\l sal\J il\em1('I\t is .k"i<.'ll an.! 'itf!.:t 1"'\'01' th..'f\'I.'f is "'-'I'I\,""",,'Il at IIUI n) \\a, ,II' t\mh..'I' an',W,'f, !\) ,I1\: ...'1\'''1 lhe lOt),",,,,, .l.....,.ij. "''''';''' "lk:',,^"'" '" I -, "tl "'-<:.,. .,. "', ~", ,~.,i ~ ~. ;.. COUNTERCLAIM FOR CUSTOIJY 12, Paragraphs I through II of Defendant's answer arc incorporated herein by reference as though set forth in full. 13. Defendant seeks partial physical custody of the following child: NAME PRESENT RESIDENCE AGE Coddy W. Eyer 44911unter Road. Ne\wille. PA 17241 1 year and II + months 14. '!be child is presently in the primary physical custody of the mother, Michelle L Martin. who to the best of Defendant's knowledge and belief resides at 449 lIunter Road. Newville. Cumberland County. Pennsylvania 17241. 15. The father of the child is the Defendan'. Gregg L Eyer. currently residing at 427 New.iIIe Road. Newburg. Cumberland County. Pennsylvania 17240, 16, There is presently an existing Franklin County Custody Order which the parties arc subject to and which should be the status quo in this matter, A copy ofthat order dated October 12. 1995. is attached hereto and incorporated herein and marked as Exhibit. A ., 17, Since on or about July 26. 1996, Plaintiff, despite Defendant's repeated requests. has repeatedly refused and prevented Defendant from exereising his rights of partial phy'Sieal custody under the existing I'ranklin County Custody' Onkl', thereby preventing Defendant from spending any time whatsoever with his son since that date, I R, l'lainti Irs 3I.'tions in preventing Defendant from exercising his rights of partial physical custody are a \iolation of the Franklin County Custody Order. daled October 12. 1995, 19, Ikfcndant has no inr"nnation of any otlx:l' custody pmcccding com:crning the child pending in a court of this (.'ommonwealth, 20, Ikft-'!1dant dOt-os not know of a person not a party to the pnx:ccdings \\b" has llh}'Sical custody of the child or daims 10 ha\e custody or \ isitation rights with respect 10 the child, ~ ji B ~ Ii :! I, The ~'St interest and {ll'l'ltlano:nt \\dfare or the child will be liI.",-ed b} granting the n:lief l'l'quesk"IJ ~'QUSC I)laintiffha.~ sino: on (If aN\Ut July 26. 1996- n:rcat~y pmrotcd Ikfmdant from e\ercising any of his rights of parti.11 my \kal cu.....ll.!y with his son and the I kfcn.tanl is fully ahk and .3pilbk "I' ('4'\,\ iding the chiM \\ ith the 1\'qUi1\"IJ care. nurturing and SUflct\ t'!.ion as well as pnl\iding the ,hikl \\ Itlt a 10'\ il1t,l and stM>1c IKlI1IC en\ inllU11(lll. i1 " ~ !! }l . I I ( " l'.1o.:h f\U\."l\t \\ho.l'!IC~ ri~stothecluM haw not ~'I:t1termiMtcd and the ~lI'I who hils rhy'Sical ;;usllll.!y of tho.: l'fllld 113\ e hem rwncd as part~ tit this -.'titlft, ,,",<1."- ","'\.4(. .-.) ..l.w.....' ""~.d~~l...,...... .~,... ,..'1', to\"" ",.-., ,,,.....{. -i<iI!'''l.'..".,H,ck'.--''' IN THE COURT OF COMMON PLEAS OF THE 3!TH JUJICIAL 'IST~ICT PENNSYLVANIA - FRANKLIN CtUNTY lUNCH Michelle L. Martin, , , ,0- Plaintiff - Ci vi! }I.ction - Law~-. 1>' Custody r:-- - vs. ~~~. ,., F.R. 19?t/- /0</1 f- ., .... c..' Gregg L. Eyer, . '-' . Defendant : '= ... ORDER OF COURT l ~/.br.R /1. , 1995, the within stipulation having been presented, read, considered and ordered filed, it is hereby ordered that: 1. Plain~iff and Defendant are awarded joint legal custody of the minor child, Coddy N. Eyer, born Oc:ober 17, 1994. 2, Plaintiff shall have pr:mary resieential custody of the child. 3. Defer-dint shall have partial residential custody of the child as provided in this paraqraFn: it. 61t,;1:\.'1inq the first weekena follcwinq t!'le entry c f ::a! Order. every alternate weekend. be1l~~lng at 5:00 P.M. or. F:l~ay and end1nq at !:OO P.M. on sunday: b. eet.".en the hours of ~:OO A.M. and 9:00 P.M. on t:.:U weekcUys et Mol chotet!, iHonda'.' t~rou<rh Friday), every wu". provH~ed t~at e.ttndant pr~vldell Plaintiff wlth notice of h~! lnt.!Id.~ pc: ~cd 0 t pa n. ~ a: C'J.!:'-:C~' c~~~~~~ ~t1 ~ rt; /~ ~~~ - I ..... ~ ...';.,~. ... " "".~ JC~'. t I..!....... ....-, ......~ - 'It Of"" /...." IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - FRANKLIN COUNTY BRANCH Michelle L. Martin, Plaintiff vs, Civil Action - Law Custody F.R. '991./- 10'1' Gregg L, Eyer, Defendant STIPULATION AND AGrtEEMENT This Stipulation and Agreement is made October 11, 1995, between Michelle L. Martin, residing at 12969 Cumberland Highway, Orrstown, Franklin County, Pennsylvania, and Gregg L. Eyer, residing at 14028 Lower Edqemart Road, waynesboro, Franklin County, Pennsylvania. 1. Plaintif~ and Defendant are the natural parents of the minor child, Coddy W. Eyer, born Oc~ober 17, 1994. 2. The child was born out of wedlock. 3. The child is presently in the physical custody of the Defendar.t, 4. Since birth, the child has lived at the followinq addresses with the following persons: a, at 6309 OrrstOlo't\ Read, Or:sto"'n, Franklin Cou:\ty, Pennsylvania, with Plaintiff. and with Franclne Hartin (Plalntl!~'5 daughter), from bl:th untll January l~, 199~: b. at 9 Nor;h fle!'!n Strut, Cl'..a=bersburq, Franklin Cou."\ty, ~l\nsIlv.t.nu, wnh PlunL!!. ~Ilt~ F~.\ncine Mntln iPlunt;.f~'! child have been named as parties to this action. NOW THEREFORE, the parties to this action, intending to be legally bound and waiving their right to be present when this agreement and order are presented and executed, hereby stipulate and agree that the Court may enter the following order in the above captioned case: ORDER OF COURT , 1995, the sc~pulac~on having been prese~ted. considered and ordered filed, it is ordered that: 1. Plaintiff and Defendant are awarded joint legal custody of the minor child, Coddy W. Eyer, born October 17, 1994. 2, Plaintiff shall have primary residential custody of the child. 3. Defendant shall have partial residential custody of the child as provided in this paragraph: a. Beginning the first weekend following the entry of this Order, every alternate weekend, beginning at 5:00 P.M. on Friday and ending at 5:00 P.M. on sunday: b. Between the hours of 9:00 A.M. and 9:00 P.M. on three weekdays of his choice, (Monday through Friday), every week, provided that Defendant prondes Plaintiff with notice of his intended period of partial custody on the evening before his intended period of partial custody. c. On C~ristmas Eve every year. and on s\;ch other ho 1 idays as aqreed upon by the parues : 4. Defendant shall be responslble for all transportation nlatlng to the eltchanqe of c~stody untll such time as Plaintiff secures transportation. at which tlme the partr commenclnq his perlod of ~artlal c~stody shal assuze responslbllity fOl transportatlOn relatlnq to the eltchange of c~stody. ~. p~aintlff havlnq filed an Affldavlt of poverty. the costS of thiS proCeedlng shall be within read. hereby ~ en I~-~,~", ;.., f.< f It: t-:, lL o Ire ~! ~ rJ lit 51 ... .. ... ... N 5 ... ... ~. 11\ 5 . .. . I 'G . a:t .... ~i i~ .. ... ~ , = a "II 5 G Ihll II .. I .... J , S& ... ..a , e: j I> fi f ;1 .a ..i ... I l I ;0- ... ... u . II < fI'.. . , .. .. . -- ..' :. ..'. . <' . .. 4, The child has primarily resided with respondent, except during periods of partial custody exercised by petitioner under the Order of this Court dated December 20, 1996, 5, Petilioner has filed two petitions for special relief, averring that respondenl's boyfriend, Brian Wagner, has inflicted physical punishment upon the child injuring the child and posing a serious threat to his permanent well being, 6, Upon filing the first Petition for special relief, following a hearing on the matter on April 19, 1999, by order of this Court daled April 19. 1999, this matter was referred to the custody conciliation process, By order of this court dated May 7, 1999, custody conciliation was scheduled for June 24, 1999, 7, Prior to the conciliation conference, on April 15, 1999. petilioner filed a second petition for special relief, on which a hearing was held on May 13, 1999, Following the hearing, on June 2, 1999, an Order was entered by the Honorable Judge Bailey denYIng the second Petilion for Special relief, 8, At the custody conciliation conference on June 24, 1999, the parties were unable to reach an agreement regarding the custody of Coddy and the matter was scheduled for a hearing 10 be held on October 1,1999, 9 Prior 10 the heanng, at the request of counsel for the respondent to discontInue this lY\lItter and upon agreement of counsel fOt the petitioner, the hl.,..'1g scheduled for October 1, 1999 was canceled by Order of this Court dated September 24, 1999, 10, At the time of the request for the discontinuance, it was believed that Mr, Wagner had moved from respondent's home and no longer posed a threat to the child, 12. On the very next weekend, Saturday, October 2, 1999, the petitioner received information from respondent that Mr. Wagner had a violent outburst at respondent's home and had threatened to kill respondent Petitioner was also told by respondent that respondent had called the Pennsylvania State Police, who arrived at her home and upon finding that Mr, Wagner was not present, began a search for him in order to question him about the incident 13, AI the time of the incident, Caddy was in the custody of petitioner and was scheduled to be returned to respondent's home in the evening on Sunday, October 3. 1999 as required by this Court's Order, Fearing for the well being of Caddy and believing it to be in the best interest of the child not to be returned to respondent's home until Mr. Wagner was found by the State Police, petitioner did not return Coddy as required by thIS Court's Order until the following evenIng 14 On Tuesday, October 5, 1999, Counsel for relpOOdent c:onrlllTled With the Pennsylvania State PolICe that troopers had been called to mvesbgate en inCIdent at respondent'l home involVIng Mr W8QMl' and th8t they were searching for Mr, W-oner to questiOn him ~ the It\CIdent Co\.mel eIto kWned that Trooper leidlgh was the invesbgatmg !root* 7. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 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. 8. The best interest and permandnt welfare of the child will be served by granting the relief requested because Plaintiff is better able and willing to provide for the child's needs at this point in time and ~pecifically: a. Plaintiff has always been the child's p~imary care giver; b. Since the entry of the Franklin County Custody Order of October 12, 1995, Defendant has on numerous occasions faiied to return the child to the Plaintiff in a timely fashion at the end of his periods of partial custody; most recently, Defendant/Father was to return the child to Plaintiff/Mother on Jully 18, 1996; Defendant/Father has refused to retum the child and prohibited any contact between P1aintiff/Mother and the child, keeping the child from Plaintiff/Mother until August 2, 1996; c. Defendant/Father has threatened on numerous occasions to take the child from P1aintiff/Mother and not allow Plaintiff/Mother to see the child; d, Defendant/Father has threatened to kill P1aintiff/Mother; e. On numerous occasions the child has retumed after periods of partial custody with DefendantlFather in a sickly condition: ' f. Frequently, upon his return to P1aintiff/Mother, the child is upset and cries in the middle of the night for several aays after his return home; g. PlaintifflMother can COl'1tinue to provide a loving and stable environment for the child. 9. Eech perent whose parental rights to the child has not been terminated and the person who has physical custody of the ehild has been named as parties to this lOtion. All other persons, named below, who are known to have or claim. right to custody or vtlitation of the child will be gMII1 no~ of the pendency of this action end right to intervene: Non.. 10, It is unknown whet" Def.ndant 1'1 reprasanted in this matter. / IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRIC7 PENNSYLVANIA - FRANKLIN COUNTY BRANCH Michelle L. Martin, Plaintiff Civil Action - Law VS, Custody F.R./991./-IO<l1 Gregg L, Eyer, Defendant STIPlJLATION AND AGREEMENT This Stipulation and Agree:nent is made October 11, 1995, between Michelle L, Martin, residing at 12969 Cumberland Highway, Orrstown, Franklin County, Pennsylvania, and Gregg L, Eyer, residing at 14028 Lower Edge:nart Road, waynesboro, Franklin County, Pennsylvania. 1. Plaintiff and Defendant are the natural parents of the minor child, Coddy W. Eyer, born October li, 1994. 2. The child was born out of wedlock. 3, The child is presently in the phYSical custody of ~he Defendant, 4. Since birth, the child has li'red at the following addresses with the followinq persons: ,. t il!309 0 t 11- d C t Frankl in COU:l:'l', ..., a" rrs own """a. ,rrs own, -~ Pennsylvania. w1th Plaintlff. and wHn FnncinC! M"run {Plaintl!:,"s daughterl. from birth until January l~, 199~; b. at 9 North Penn Street, Challlbusburq. runklln CC\l."ltlt, Pennsylvania. w1th Plalnt.l:t. Wlt~ J'rAnClne M,lr:ln {Pll~r\t.~~'! daughter) and with Troy Porter (Plaintiff's boyfriend) from January 15, 1995 June 16, 1995; c. at 12969 Cumberland Highway, Orrstown, Franklin County, Pennsylvania, with Plaintiff, with Francine Martin (Plaintiff's daughter) and with Troy Porter (Plaintiff's boyfriend) from June 16, 1995 until on or about September 19, 1995; d. at 14028 Lower Edgemart Road, waynesboro, Franklin County, Pennsylvania, with Defendant, with Tammy Thomas (Defendant's girlfriend), wi~h Carissa Thcmas (da~;t:er of 7ammy Thomas), and with Drake Eyer (Defendant'S son), from on or about Sept~~er 19. 1995 until the present, 5, The mother of the child is the Plaintiff, 6. The mother of the child is married to a Ronald Hartin Jr" but is living separate and apart. 7, The father of the child is the Defendant, 8, The father of the child is divorced from a Lisa Stine, 9. The parties have not participated as parties or witnesses. or in another capacity, in other litigation concerning the custody of the child in this or anether court. 10, The parties have no information of a c~stody proceeding concerning the child pending in a court of thiS commonwealth or ~~ any other jurisdiction. 11, The parties do not know of any person not a party to thls proceeding who has physical custody of the child or who clalm5 to have custody or vlsitatlon riqhts with respect to the chl1d. 12. tach person whose parental rlqhts to the child have not been ter.Unated and the person w,lO r,.lS pnYSlCal. custedy of t:".e child have been named as parties to this action. NOW THEREfORE, the parties to this action, intending to te legally bound and waiving their right to be present when ::::s agreement and order are presented and executed, hereby stipulate and agree that the Court may enter the following order in the above captioned case: ORDER OF COURT , 1995, the within s~~pula~~on hav:~g been p=esenced, read, considered and ordered filed, it is hereby ordered that: 1. Plaintiff and Defendant are awarded joint legal custody of the minor child, Coddy W. Eyer, born October 17, 1994. 2. Plaintiff shall have primary residential custody of the child. 3. Defendant shall have partial residential custody of the child as provided in this paragraph: a, Beginning the first weekend following the entry of this Order, every alternate weekend, beginning at 5:00 P.M. on Friday and ending at 5:00 P.M. on Sunday; b. Between the hours of 9:00 A.M. and 3:00 P.M. on three weekdays of his choice, (Monday through Friday), every week, provided that Defendant provides Plaintiff with notice of his intended period of partial custody on the e'lening before his intended period of partial custody. c, On Christmas Eve e'lery year. and en such other ho:'lcays a~ agreed ~po, ty ::10:: parties; 4. Defendant shall be responslble for a~. transportation relating to the e:<change of custody until such time as Plaintlff secures transportatiOn, at which tlme the party commencing his perlod of par:lal custody shall assume responSibllity for t.::ansportaUOn relating to the exchange of custody. 5, Plalntiff havlng flled an Affidavlt of poverty. the costS of thlS proCeeding shall be -- ';l , ~ ~.~ - " .. 1 <: ':Y" 1:- 0'-. ;.1 ~ ,. co . ~ > ~ ".+.. ...... .- ') , .,;,':-' U . . . . . . . . . , ~ UI >. II: "'. it "'" ci\ ~J {, ~ )1$ ~. ., !-' ~ '" ~:f' .... 1 (., c ~ ~ :R Michelle L. Martin, Plaintiff , ) In the Court of Common Pleas of ) Cumberland County, Pennsylvania ) ) No. 'I k- , ': I 2 Ct c.", . I ) ) I Custody Gregg L. Eyer, Defendant, STIPULATION AND AGREEMENT I., THIS STIPULATION AND AGREEMENT is made this i l; day of , \ \, \ c ( , 1996, by and between Michelle L. Martin, of 449 Hunter Road, Newville, Cumberland County, Pennsylvania 17241, hereinafter referred to as -Michelle-, and Gregg L. Eyer, of 45 Newburg Road, Newburg, Cumberland County, Pennsylvania 17240, hereinafter referred to as -Gregg-. Michelle and Gregg are the natural parents of Coddy W. Eyer, born October 17, 1994. hereinafter referred to as -Coddy-. WHEREAS, an Order of Court dated September 23, 1996 was entered directing the parties and their respective counsels to appear before Hubert X. Gilroy, Esquire, Custody Conciliator; and WHEREAS, the parties are subject to a Protection Order which was entered by Consent of the parties, based upon Michelle's Protection from Abuse Action; and WHEREAS. the parties had previously entered into a Custody Stipulation and Agreement in Franklin County and same was made into an Order of Court dated October 12. 1995; and WHEREAS. the parties hereto have reached an egreement as to the temporary custody of their minor son end desire to reduce their egreernent to an Order of Court. NOW, THEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement end Order are presented end executed hereby stipulate and egree that the Cout1 may enter the following temporary Order of Court in the above.captioned case: TEMPORARY ORDER OF COURT NOW, this day of , 1996, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Michelle L. Martin I"Michelle"' shall have primary residential custody of the parties' minor child, Coddy W. Eyer ("Coddy"" born October 17, 1994. 2. Gregg L. Eyer I"Gregg"' shall have partial custody of Coddy as follows: a. Alternate weekends from 5:00 p.m. Friday until 5:00 p.m. Sunday starting Friday, October 11, 1996. b. Alternate Wednesdays from 4:00 p.m. to 7:30 p.m., starting Wednesday, October 16, 1996. c. Coddy's birthday, October 17,1996 from 9:00 a.m. until 2:00 p.m., Michelle shall have custody from 2:00 p.m. to 7:30 p.m. d. Thanksgiving from 2:00 p.m, to 7:30 p.m., Michelle shall have custody from 9:00 a.m. until 2:00 p.m. e. Christmas from 9:00 a.m. until 2:00 p.m., Michelle shall have custody from 2:00 p.m. to 7:30 p.m, 3. The parties shall meet to exchange custody of the child at the IGA in Newville. 4. Father shall return the child at the end of his periods of custody in a timely fashion and without altercation. By the Court, J. The parties further agree that in procuring this Agreement there haa been no fraud, concelllment, overreaching, coercion or other unf.r d..ing on the part of the other. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conclitlona of this tempofery .-ement. execute this Agreement by signing below. WitnUs: 'i' . 1.'. II. >l..........,t!...'.~~ ~! .,M '" I 1'.,~ r'..~lwt.(* . /-.~ ........ Mld\eIl. l. Merlin (SEAU ."':"'\ . ',--JJ __f. \.. J lJ_L.... lSEAU ~ .J:.r>-' HICHELLE L. HARTIN, Plaintiff . . IN THE COURT OF COHHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . . . v. . . GREGG L. EYER, . . . . NO. 96 - 5129 CIVIL TERM Defendant . . : CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this l~ t~ day of December, 1996, upon the attached Custody Conciliation Report, it directed as follows: consideration of is ordered and 1. The prior Order of Court issued at Franklin County, Docket '1994-1041 and dated October 12, 1995 is vacated. 2. The Hother, Hichelle L. Hartin and the Father, Gregg L. Eyer shall enjoy shared legal custody of Coddy W. Eyer, born October 17, 1994. 3. The Mother shall enjoy primary physical custody of the lIIinor child. 4. The Father shall enjoy periods of telllpOrary physical custody of the lIIinor child as follows: A. On alternating weekends frOlll Friday at 5:00 1'.11I. until Sunday at 5:00 1'.11I. B. On alternating WedneSdays frOlll 4:00 1'.11I. until 7:301'.11I. C. For a period of two weeks in the suaaer, which weeks shall not be consecutive and which weeks shall be obtained upon Father giving Hotber at least 30 days written notice as to wben be would intend to exercise the su.mer vacation. 5. 2'he Christ... holiday shall be split equally bet_en the p.lrUes with the two separate s~nts being frea Christllas Bve at 5:30 1'... until Christllas Day until 1:30 1'... and Christlles Day at 1:30 1".' until Christlles Day .t 7:30 1'... The parties shall altern.te those segllents e.ch year with the F.ther having the first "gllent in U'6 .nd the parties .lternating thereafter. 6. For fhanksgiving .nd B.ster, those holid.ys sh.ll be altern.ted with the tille fr_ being "JO .... until 71JO p... .nd tbe T.ther h.ving odd ye.rs .nd the Mother h.ving even ye.rs. 1. fhe July 4th holid.y sh.ll be alternated for. ti_ fr_ frea IlOOIl until 10100 p... with F.ther having enn years .nd Mother h.ving odd ye.rs. ~ ." 8. The Halloween holiday shall be alternated from 4:00 p.m. until 8:00 p.m. with Father having odd years and Hother having even years. 9. The Father shall have custody on Father's Day and the Hother shall have custody on Mother's Day, the time frame to be from 9:30 a.m. until 7:30 p.m. 10. On the child's birthday, the non-custodial parent shall be afforded time with the child at least from 4:00 p.m. until 7:30 p.m. 11. The custody provisions with respect to the holidays, Father's Day and the child's birthday, shall supersede any other provision of this order and shall take preference over the alternating weekend schedule and any vacation schedule. 12. The parties shall exchange pbysical custody of the minor child at the IGA in Newville. The parties may make arrangements for a responsible adult, other than the party, to handle the transportation for exchange. In the event either party relocates 20 miles frOlll their current hOllIe, the parties shall negotiate a new exchange point. 13. The parties llIay modify this agreement upon any personal agree_nt between the two parties. Absent the parties reaching an agreement with respect to modification of this Order, this Order shall control. Hodification of this Order does contemplate the possibility of Hother affording Tather additional periods of temporary custody other than the periods as set forth in this Order. 14. The parties shall keep each other advised with respect to phone numbers where the parties may be reached in ti_s of _rgency. Furthermore, the parties shall endeavor to attempt to abide by the ti_ schedules set forth in this Order and shall, where pouible, ProIlIptly notify the other party if there is any _rqency or require_nt that the scheduled exchange of custody be modified. 1.5. This Order is entered pursuant to an ag~nt reached by the parties at a custody conciliation conterence. In the event either party tnairea to modify the order, that party _y petition the Court to have the eaae again aeheduled for a conference with the Custody Conciliator. .y the court, eel OaVJd C. $ehanb4cher, EsquIre ~ Lynn r. "acaride, Esquire - c..,..". I~""''< I~JJ../v" ...\ ,} MICHELLE L. MARTIN, PlaintifTIRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. No. 96-5129 GREGG L. EYER, DefcndantIPetitioner IN CUSTODY o 'Il ! (I' 1_ -<" . r:- f.~ AND NOW, this 19th day of April, 1999. upon consideration of Defendant's -- Petition for Special Relief, with rcspcctto custody of the partics' child, Caddy W. Eyer (date of birth October 17, 1994). and following a hearing at which the partics represented themselves, the ORDER OF COURT matter is refc:md to the custody conciliation process and the Court Administrator is requested to facilitate this referral. Pending further Order of Court and the conciliation conference. the Order of # Court dated October 21. 1996. is amended with rapect to panpIph 2(1) therein to provide that the Defendant's periods of partial custody shall include Ibm: consecutive weekends out of four, from s:oo p.m.. Friday until S:OO p.m.. Sunday. with the first of Ibm: consecutive weekends to beain on April2l. 1999. In addition, pending such further Older and the conciliation eonfaUlCf. PlailltifT shall not pmnit Brilll Keith Wapcr to inf1ict COIporaI puniahmalt upon the child, IIDI' shall he do so. It is noted that III m\Utiption"y Cumberland County C'h,1dra\ IIld YO\IIIl Senm II to possibh: .. of the dull! is pmdiaa llIIlt lINesoMd .. the p.~" time. Ia the " CHAl\mERSBURG AREA SCHOOL DISTRICI' KINDERGARTEN PUPIL RECORD CHART OF EARLY READING BEHAVIORS 2000 - 2001 STUDENT NAME C 0 dA~~e.r ~ ,..., ; TEACHER NAME r'~ r .; ~. (i DATEi:-- '1- 01 . 1/ c: SCHOOL /1/ ./ OBSERVATION TASK ASSESSMENT YES NOT YET TASK 1 Ivf I J Participates io shand book uperience. TASK 2 IVf I I Recognizes some words. {;.. ) I I Ivr Recognizes more than Swords. TASK J IvY I I Chooses to look at books. DE.\IO.VSTRA rION T,\SK ~ '1l child'~ ~cllr.. Recopizes similarities in bqinninc sounds. 14 possible scort TASK S Iv( ( J Sequences a J part familiar Slory. TASK 6 Ivr I I Demonstr:un some leuer kIIowled~. Set anached Ittter idaadfication shed (p. vii) for nlenl oIlenen Identintd. TASK ~ 1/ I I Undenuads that priDI carries the menage. TASKlI 1.1 I I KDO'" whtn 10 start radlac a tnl. T,\SK .. I~ 1 1 Kaow1 llIat tnl coes Itn t. ripL 1 I I- I KHWt m.,. IWttp. TASK 10 Il.-t 1 I Matclta wwd t. tnl wu. llata'. TASK II 1 I 1 v'l UadtnWKt. dill't,"" ~U. aldttr ucla....... alfell if mpHSt Is cen'ftt. Dee ar I'll"" is iecerntL I- I ..ldttr 1 . I ... wont I ...,..-...... Idtt.. ,.. I ....Idttn , · , hie W1tnIs I ~ Ittttr . .' :' TASK 12 I (Yr'tnrt ! ...... ~ Ref.piln ",.... wwds.. ". -,-- -~~-- _. ~ ,- ... -. ClL\.\IDERSBURG AREA SCHOOL DISTRICT KL\'DERGARTEN PUPIL RECORD OF EARLY WRITING BEllA VIORS 2000 - 2001 Students :-.lame _r(-,rf.~y fyer Teacher's Name !tun f(prd DDIOl'iSTRA TIO~ Dale 5-1/-0/ N~ , School TASK ASSESSMENT WRITING BEnA VIOR 'tA' NOT YET Task r [] Task ., r'A r ] - Task . r/ r ] J Task 4 [ ] Task 5 [J' r ) Tas!. b [--1 [ ) Ta~l 7 [vt' [ ] rasl 8 Iv<' Uses pictures to lell stories Writes L 10 R Wriles top to bottom Demonstr3lcs scribble writing. N/ ,1- Uses leller-like IlI3tks Uses random lettering. Uses some letter-sound correspondencc Uses some word appmXlm;llIons OIlSEII\',\ TIO:'> Task <l [..{ I I R~'Cognizcs that \\nllng is t:llk \\Tillen do" n Tasl 10 r -) I I Chooses to "nte T.1sl II .V{ r I Shms wntinlt or:llly I . Tas!. I: ~ c~ [ ) Is Wllling to talc nu.:s .- T.1si. 13 [A' [Mnonstr:ltn sp1c11lS I:;~.::..........!...~.....J.~t...............~~~~~t~~~~~.~ _n It.:ms net INrl~ 1\1\ t !lOt bftn obsmtd '.'1'" <'l"'. .:hllJ ,\1[; :.'(ft~'rm \'3dl ullhcse tuls.'1' ~c'm\ l~m III th" .'rdt! - Coddy Eyer December 7, 2000 Academics Coddy A vg. of His Peers Recognition of( Alphabet Capital Only) In6 Colors 8/8 Shapes 3/6 Numbers Ino Oral Count #1-3 I-I Correspondence Not ready . 23n6 8/8 5/6 12120 # 1.19 Yes Fine Motor: Coody has trouble using scissors, coloring, and writing. His writing has improved somewhat. At this point, he cannot print his name properly. All but one of his peers can write their name, He uses reversals, writes right to left at times, and does not fonn letters correctly or very legibly. Social I EmotioDal: Coddy has difficulty intcracting and getting along with others. l'm not sure he has learned how to join an already ongoing activity with others or how to ask for what he wanU. He has trouble sharing. He often takes with no consideration for others, IChe doesn't get his way, he pinches. hits. kicks. cries or hides. This could be directed at the teacher, his T~, or his classmateS, He is very unpredictable. He also looks at this violence as a form of play and it is more than "rough housing", Coddy laugh at serious situations involving discipline. (lfhe 's not doing the above). He also said be thinks people arc laughing at him. Coddy acts easily fiu$lnted when it comes to academic activities and has trouble stayina fotused on the task at IwId. My impmIioIl from his TSS. is that he is makin& &oed improvements. However. in relation to peen.t pIOIfCSS expected of6 year aids.. the tam.t tift discussiftl his below avct'IF dcvt~ and optionlto meet his n..-cds. We 1ft discussina whether the tftll\ should IKUllltl1eDd mention in kindcf&arten WIth rtquired J*Ult ~va1 or to do tcstin& for elipbilit)' for special smices. DfflNOANT'S EXHIBIT Mn. Heather Kelter Kinduprten TeKha ~ ~ 7Jt,.,., ~g ~~ t \I Heartwood Program Weekly Student Evaluation Form Please rate students on the following sC;IIl' I. ,\Imost Never 2. Sometimes 3.0fren 4. ^Imost Always Please u~e "r"I.\" If you have not had the opporlunlly to observe and rale Ihe ct1i1d 111 <-I flClrlic;ular area. I 2 (i) 4 Nt^ Shows resflec;t toward staff members and other adults I 2 @ 4 Nt^ Displays a willingness tn get along well with other students I ~ 3 4 Nt^ Pays attention when spoken to I 2 Nt^ Uses appropriate language and tone of voice . 2 :~: : 120 2GJ4 2~4 I 204 Nt^ Resists physical aggressiveness and Inappropriate physical contact Nt^ IS eager and interested in learning NtA Demonstartes underslilllcling of concepts being taught n rtl I . l}4.. ....... AhJ. I ted .a c pates 10 i-lc'DJ.U.f" <III.. ..Isg,tsslons re a to concepts being laught - N/^ Nt" Is cooperative with staff and students alike Nt.'\ Shows knowledge of i1l1cl uses good manners Nt^ Follows general rule!'> ~uiclclines. and Instructions not otherwise menllotled abnvt: Additional comments nn stuoent prnW<,s" ,H10 hehavlnr: CiuU)/!OJL fl. ,~,,/ ~~ '~ .iwf A ,!IIiU" <i.t ~ ,Aletl/ j.~m1' ~. Student name ~~_____.___.__,~v dt.~. LJw, '", !f/I/OI Heartwood teoc~r signature __Jj)Jlt. ., c-? /(c,I~1 ........1...,... ~ ,..4- 't', 'Vj~ Heartwood Program weekly Student Evaluation Form Please rate sludenrs on the following ~{,i1lc I . ,\Imost Never 2. Sometimes 3. Often 4. t\lmost,\lwi:lY~ Pleasl' use '.1';.,\" II you have not had the opportunlly to observe and rate the child 111 Ct pClrllCular area. I 2~ 4 Nt^ ~hOWS respect towmd ~Iilff members and other adults I @ 3 4 Nt^ Displays CJ willingne~s to get along well with other ~~~~J~ I 2 eJ'" Nt^ Pays lfuentlon when spoken to i.. I 2 @ 4 Nt^ Uses appropriate langua e ~nd tone !,f voice I @ 3 4 Nt^ Resists physical a eSSiVl~~approprl~te ~ ~ ~ c~~t&'J (14..- tl4N ~~ I ' ~ ~04 Nt^ Is eager and interested in learning I 2 (f) 4 Nt" Demonstartes understanding of concepts t>elng taught I €)3 4 Nt" participates in ilcti\'itie..; ;\110 discussions related to concepts being IClughl I (!) 3 4 N/,\ I 0 3 4 N/" I 2 04 N/^ IS cooperclll\'e with staff and students alike ShoWS knowleoge of ano uses good manners Follows general rules guidelines. and Instructions not otherwise menltoned clOllVC t\ddltional comments on stuOent rrn~r{''''' ;1110 hehavlor: (l trrI A. _ YyyJ-' ~v dn./Y1.Cr ,0- i~~~ cH:.. ~ ~ ~~. tJk~~,-~~ ~ O')v ~ .a.,.-J.- .(Ut,~........a.- .Jt;" .1x- ~'e...d ~~ Student name C~d~ f..VlI Hea~ teacher slgnaturf' ~~ r ~ ~.... ~ ., ... ,-. HeartwoOd Program weekly,Student Evaluation Form itI,..",.' . Please rate students on the followin~ ~("i1I(' I. ,\Imost Never 2. Sometimes 3. Often 4. ^Imost ^Iways Plei-l~(' U~('~i.\' If you have not had the opponunlty to observe and rale tht" I 1111<1 III "I'drlicular area. . I ,2 ffi40 N/^ Shows resrcct 10\\,;-1r(1 ~I i1ff members and other adults I 2 3 4 N/^ Displays a willingness t('l get along well with other students ~.1~'''''''.7 .......,~ , ,I~ ..~ 4 Nt^ Pays attention when Sf)oken to ~,/ 1d.l)2) 4 Nt^ Uses appropriate language and tone of voice .... . I <:i) 3 4 N/^ Resists physical C1ggresslveness and Inappropriate \.I~....lJ, \..'-U. physical contact W' ~~ I\it 111 '" c;no"'t'iDr shJ~...1. I .20 '1t Nt^ IS eagerand interested In learning IS3 4 N/^ Demonstartes understill1<1Jng of concepts eelng taught I 2 4 N/^ participates In <II tl\ II\{,'" ,1110 discussions related to concepts being taugtll I 03 4 N/^ IS cooperative with stitf! c1l)d students alike I 0: 4 N/^ ShOWS knowledge of i1l1c1u,.;es good manners I 21;\4 N/^ Follows generi-ll rules ~uldelines. and InsttuCflons not \::..J otherwise menlioned ClbllVC ^ddltlonal comments on stuOf'nt rrnl.![C'...... .lno hehavlor: tcd~ h.l).j P~,1--- l.~ rr ~a:J3I~e..s&i V~ ClA~ ~~ ~t kLOIi'~ -lU)~.\U-"d i-c'i4 :~f\ <:J.{ J~ .l\.I.J-t~~, Qod ~t Mt\.... ~h"'d (..,J) ,-u_~Jt -6.~ Studenlname: Ccx\d\{ l:..y""" ___ _ .._ we~ol. 4/1'1/06 HeMwood'eache,Slgnam" 'i?:l-u> ,,j,,;f' .~~ E,\ S-k: \ \j:"\ ((\ -\-,' ()'r'"\ ~1\1. - '-I), '" Heartwood Program weekly Student Evaluation Form Please rate students on Ihe following sCilh' I . Almost Never 2. Sometimes 3. Often 4. ^lmosl/\lw<lYs PICilSl' USI'.r"i.\" if you have not had the opportunity to observe and rilte the dli1c1 111 ii piirllcular area. I 2@ 4 N/^ Shows resrcct lowiuc1 Sldff members and other adults 11'2\ 3 4 N/^ Displays a willingness tll ~et along well with other U students 8~:2 3 4 N/A pays attention Wh;;:r;:~ L./Lvm. ~ i I :2 '3 4 N/A Uses approprlate'lan~t!e and10ne of voice I 2 3 4 N/^ Resists physical aggressiveness and Inapproprtate \ .1 ' JJ.-. .physlcal contact ,\..AA-~I 111 ..).,~ 1) l\., 1\J I 2~ 4 ~ Is eager and interested In learning I 2 CJ 4 NII\ Demonstartes underslilllding of concepts Jie!ng taught o 2 3 4 NII\ participates in ill"li\'ilic" ,lIlc1 discussions related to concepts being I(lugt)! 02 3 4 034 2 cV4 NII\ Is cooperclli\'e with stitH imd sludents alike N/^ Shows knowledge of ,mouses good manners Nt^ FollOWS generiil rule... guioelines. and Instructions not otherwise menlloned iilltwe Additional comments on sluck'nl pr"l.lrc...... .mo heh;wlor: AbScf\J:. Ll/l/01 t~)(.! d LA l.{',Cld-- '\. ,~- l!l~l rI (';1- OM- .d~ l.JLl. lJM IJ-l.1 n . II . i4. t ~p t1..'l'HcJ...( 'I-t...t." ~ Lit ~.tlL "t ().',c~ Lt, ff, .0.,.... -tlLh /1-h<i-eM.-!J ttriJ Lbt~~. {.Lltl."'_'~'''/'- t}tClLl./dll-U ..4- Student name. cdd\.j t.: y(,-. '._ week of ~'ot Heartwood teacher stgnilll:w .C~~ ~ ~"J....., ~# ~.~"~ J./t--ltW.vcb./I'I.. ....}~{J (< A J (. h f 't l:1J..( .~, Heartwood Program weekly Student Evaluation Form Please rate students on Ihe following S(';I!!- I . ,\Imost Never 2. Sometimes 3 . Often 4 . .\Imost '\!WClys PI<':cl~c USt. '"Nt. \" If you have not had the opportunity to observe and ralC tile d1ilci II) a particular area, Shows resrcct !()w;trd slaff members and other adults 2~4 N/^ 2@4 N/^ I 2 3(VN/^ .. 2 3 G)N/^ 2 3 G)N/^ Displays a willingness t" get along well with other students Pays attention when spoken to uses appropriate language and tone of voice Resists physical aggressiveness and Inappropriate physical contact 1 0 3 4 N/^ Is eager and Interested in leClrning 2@ 4 NII\ Demonstartes uncierstanciing of concepts tieing taught @)3 4 Nh\ partlclpiltes In ;w!lvitit'" ..nrl rlis<.:usslons related to concepts being ldUgt)1 G).3 4 N/A IS cooperative with staff and studentS alike 204 N/t\ Shows knowleogc of ,mo uses good manners 2 (!) 4 NII\ FollOWS general rule... ).!lIirlelines. and instructions not otherwise menllonet1 db. )\,e Additional comments on stuoen! progTl'''''' ,111(1 hehavior: r:..o.~cL..t ....~ ..........t.;t '{"-~r' {ot':,.(": .L.,'". -t.Ju A:l'U JOCl-' 1k ./.A.-O-LIi.) n,'/ --b-'.U~..J olL'U~.1.a,...- .''I..,u .J..' '\.' t. ..~ .~LV.....t 61 --t/J ~.la.~. ..)...L'~ ~lJ""'() , 1-(, . "rf1.....c/J.. .I.~ -f.,., ~b1... .. Student name ~~e.C.~.._._-- week of: ~;l-()\ Heartwnod teat:her ~lgn<\IUfl''''' Q)..1.-I. 0.. t..k HeartwoOd Program weekly Student Evaluation Form ~ Please rate students on the following sc"le I . ,\Imost Never 2. sometimes 3. Often 4, ^Imost 1\lways Please use "NIX II you have not had the opponunlly to observe and rate the child In n partiCular area. I .2 G)4 N/^ Shows respect towrm1 sf"lf members and other adults I t'J2'.. 3 4 N/^ Displays a willingness to get along well with other 't.:J students I ~ 3 4 N/^ pays attention when spoken to ~ 4 N/^ Uses appropriate language and tone of voice 2 3 4 N/^ Resists physical aggressiveness and Inappropriate physical contact I 2 04 N/^ I 2@4 N/A 103 4 N/^ Is eager and interested in learning Demonstartcs unrtcrslitllrting of concepts eelng taught 1034 1204 I 204 Participates in aC!i\'jli{'s ,tIlrt r1iscusslons related to concepts being laughl N/.\ Is cooperative \vith st. Iff Clnd students alike NII\ Shows knowleclge of ill\rt uses good manners N/^ Follows general rul('., gllloelines. and Instructions not otherwise menllolled <it>. 1\'C Additional comments on stur1(,1l1 fW'l.lw,-'- dncf hehiwlor: Code:\.,,-\ '--tlo..cl 11,',- ~Yl(t dc.js G.M O\AJ... l,~ bad .}in\.\ t-\J... \..'j(\. ~ l\..l \.l '-+.c.lcL 10 - ~l. (r. <" "l{ ~\. __\' h l0 (, I d~ Q l\ cl.. () f' ~:JZ.,. S J" QY\ ~ d.: c\ \,)\ ,\ ,"c. ,-'1.._ ,:;,'-." ,,\~ - so_no nome <:\ rlr\~ E1( r ___ wed< pi 21.;l::l - 3l~-' 10 I He._ 'eache. ,;gn."u"';~_'0_'\ '. ~.::=r-- i2 <,<\.~ .....kLt..-{ Heartwood Program Weekly Student Evaluation Form Please rate students on the following scall': I . Almost Never 2. Sometimes 3. Often 4. Almost Always Please use -Nt:\" If you have not had the opportunily to observe and r,lle the chilrt ill it particular area. 2 3G NII\ Shows respect towitrrt staff members and other adults 2 @ 4 NII\ Displays a willingness to get along well with other students 2(2) 4 N/A Pays attention when spoken to I @ 3 4 N/A J 2 3 4 NI:\ ses apprC:>J1rlatehlangUa~ and to/'e. of vOice, / /YYn (uti 0/ a _. (. I-AM..,,(lk ~{!. Resls..,spflyslI:al aggressivehess a-namapproprlate physical contact 2 3 (0 NIi\ Is eager and interested in leaming 2 38N!.\ Demonstartes unrterstitnrting of concepts being taught I ~ 3 4 NI. \ Participates in aclivilies and discussions related to <::.J. I.mepts being taught I j-R-~t@;N7:f\S' c~pemlive with smff and students alike 26) 4 Nt,\ Shows knowledge of and uses good manners 2 3~NI,\ Follows geneml rules. guidelines. and Instructions not V otherwISe mentioned above :\dditlonal comments nn SllK1('fll prn~rt's... .']:l~ tx;~vlor: tJ. CpiA.J j~ ./I/Ilil ,,( 1~/1 iJ /k ~.(}tJ 1....J. . <-11. .L( A. v' A,,, f! (/ I ~.(It tU ..1 'w\., ,M{llf14J{l{td'k,() . , "'\ VAl '.';J /1:. .. -. vv~f I~t. - .... ' . 1k.A..tl "'~:{~CtLII '" d Ii t'I' ,<,)tr;J.d,a, Al/J A. ;{ ~.{J ,l..tttldJ l,J1 IUYi:.I,11c11 I,. JJ .--h t~U.., ..~ Studentname C..orIl. f~J:."'..~( Week of: 31I'5jt1r-.3!).C!CI r I \.. ! ~ I" . ,~ Irl -' Heartwncld leaLher signatllft' I v Heartwood Program Weekly Student Evaluation Form Please rate students on the following scale: I . Almost Never 2. Somellmes 3. Often 4. Almost/\lways Please use 'Nt,'\' if you have not had the opportunity to observe and rate the child ill a particular area. 2 3 VN/A Shows respect toward staff members and other adults 2@ 4 NtA Displays 11 willingness 10 get along well wllh other students J 1 2 (i)4 1&34 1 2@4 N/A Pays attenllon when spoken to N/A Uses appropriate lamluaSle and tone of voice N/A ResiSts physical aggressiveness and inappropriate physical contact :2@ 4 Nh\ @34NI,\ :2 (j) 4 Nt.\ :2 @ 4 N/^ :2 3 G Nt" :2 3Q Nt,,", IS eager and Interested in learning Demonstilrtes understanding of concepts being taught P"drtlclpates in activities and discussions related to concepts being taught Is cooperative with staff and students alike Shows knowledge of and uses good manners Follows general rules. guidelines. and Instructions not otherwise mentioned above Additional comments on student progress and behavior: CMd.~ haS. :-hc\";n \ mt) (~.\'.i i1\.t ~\t :) IlIte 'f-hU \~lJU; \ft.,ll\\ {If ,Il-x lwt '.l' .:, u, I~C 1'1 muc h VYlc1\t Qru tt ;;.\1. ('ll..'-' 1\ l.l\({ .)lC'\( W;/(1115 tv t \ tJ \-t n ' ',,\1 \: {, q \\, t '1 l'J '1 h (00 d.l{ on proper \..ASL cf _:"1 Jt..1 j'-1tl br,cf- pVY\WJ\s(Iu/)\~"I~~.'i; Student Mffie (('(let \~--.t;-fLC--;-.- ~\'':r of: ~(t. 3//3/(')1 ." I 'I II-' (. l~"f HeartWood tetKher siW\<'ltln' .J- " ,. _ : , ,:1 " ~ l-. ,~ . l" 'I Heartwood Program weekly Student Ev.llucllion Form Please rate students Oil tile ft 'II' I\\'I'C~ 0" ,,'. .\lmnsl Never 2. Sometimes 3 . Often 4, /\Imost ;\lwilY'" I 'i' ',,"" : ,,,,' '; '. ,I \'1 III Ilave not had the opportunity 10 observe dllrt r;II4' Ii ,.' , '01;' I ,,: I i '.11 'II ul<ll drea. 2 3 G N/^ Shows rt'sP( ',1 1.'\\. ",I "'d'! m('m~lers ilnd other adults 2 if.. 4 N/A Displays d "rill! ''..tIll ",,, 1" 1.:( 'I ; 1j(1I1~ well with other o students 1 f!J 3 4 N/^ pays attention when spokl.:n In ". 1 2 ()4 N/^ Uses appropriillt.' 1;,ngll;rAt~ ;mn tone of voice 2 f3) 4 N/^ Resists rhYSIl.lI d~.\.lrt"""'I\.(.IJt~SS .md inappropriate L/ physical comacl I .@ 3 4 N/^ I CJ 3 4 N/'\ ~2 3 4 N/,\ Partillp.I!"'" I" 1'1.\ I". ,1",1 <1,.." us..;ions related to CJ concepb helllH IdUgllt Is eager and tI It, 'f' ''''I''(! II' 'c.!rl1lng DemnnSIOirI("" d' II h .1,,!.,...1:I Ie! . " IOf1Cepts being taught N/;\ Is <.:oorer,ltl\.(' ",t') "!; II' Illd students alike 4 N//\ Sho\\/s kn( )\\ '~ ,( h.~t 1,1, ,I H! ,;~t.... ,~. )()<1 manners 4 NII\ Follnw...\.l"I"" I I' " .,., I' (. .In I,." ;me! instructions not othef\vl~l' Il H 't ill' If :1 .~: .11 i \\ I .\ddifiona) commellt... 011 ;.."..,. , '; .', ..:' "llldi;I\I!1r In Cfn~((t { Co~A.1 h[;~ ~:fr,AJ(i /rnpmv~rne(t+., ., ( t-\t. 51-7/1 htls ,')\(I.J~),. ~ Sf'LJplclV/fl,q ~D"C~/!i/ -lhoJ we.. Ore leOrYiff;q. HI~J1 he. Mas hoct SDh1~ rtl(\pc:)~'s /(1 f~r~A b2mvlor p![\C(0dl' Student name _c..c.ddr 1_.4'._~'.' .. \\".'kq.l :')./'1/(1- :.l"/c/ ,I Heam..nod tein IWI ....'gn..!.... 'i I {I y( ~{! ~f ~lJ}.<;t~t.Vu...( u ' Heartwood Program Weekly Student Evaluation Form Please rate students on lhl' 't ,II( 1I1'1I1\.! ..., ,lit.! \Imost Never 2. Sometimes 3 . Often 4. ^lmOsl ,\lway... 1'1, '.,...,. I'''''' " \. II Yl lU have not had the opportunity to observe <Inn rdl\' IIi<' , (lIld '" .. I l,lrllLular area I~ 3 4 N/^ 2 @ 4 N/^ " 2 @ 4 N/^ 2 @4 N/^ 2 @ 4 N/^ . I 2 3 ~N/^ I @ 3 4 NII\ IllID4 N/. \ t(3)3 4 N/,\ 2@ 4 N/.\ 03 4 Nt.\ Show~ n'..,,, ',! I' ,\" III f "'I.I!I 1111 Imhers and other adults Displays <I ",JlllIljJll""''' !, I .~I'I ;,Iong well with other students pays attenlloJ) wl)ell spokl"n 10 Uses approprti-ut.' lilll~lIdW' ,mn lone of voice Resists physit'al ;l~rcssi\'('ness and Inappropriate physical COlllCll:l Is eager ann Inl\.'w...wd III I('''rrlillg DemOnSlarll'''' \IIu1<'r...,.."d,,'~ Ilf cOllcepts beIng taught Pilrlici""I<.... '" ,it ,\ ". '-' ,"I' d,..,u.....ions related to (;onl:epts t>elll!olldllglll IS co()f)t'r;ul\." \\"111' '.( ," ,Hul ..lllrlellls alike Shows kIll ",', .d~'. . " ," '<1 (,..., '... ,~..n(f manners FOllo",...l!t'"I ,.1. :iI'" ,"Id .',,!t.... dnd instructions not otherwise I1H."I"'I".' 1 oil" ," ,\ddilional (;ommcnts OIl...II,d, ,,' i'" "~" . "., Il,..I'<lvior. ~ve.r(\IIJ Codcl~r cli:5ploLJ?d ~(tQ.t \m prOVE met1r Df) Tut'Sdu% 5iflt(!, s{o.('ti().~ . l--ko.r-h.ucoc\ ~odd ha.s CJ1Clo1 ~ ~reo.~ lC . Student name..L.o..ddr ~...' c: ' ) J~l pf .~ - z, - 0 I 10 Heartwood lt~i\l ht'r "'1~fH!"" ~-t.JU:<l /VlX.ktAIf .;t.1-"J Heartwood Program weekly Student Evaluation Form Please rale students on IIle It llln\\'lIll-! ", ,I',' I \lrnnSI Never 2. Sometimes 3 . Often 4 . 1\lmOSI 1\IWi-IYS J 'j( '.I,," lI'-" " \. II you have not had the opportunity 10 observe .IIKI rillc Ill.. \ 11,1, I 111 ,I I', Irllcular drCi-!. 1 0 3 4 N/^ 1 2 (i) 4 N/^ 1 (J3 .,., 1 eJ3 02 3 Shows respl't"l 1(I\\.I((l "loIff rncmhers and other adults Displays d willillgllc"" I.. '..!'" .11(lllg well with other students 4 N/^ Pays attention when spoken In 4 N/^ Uses appropriate langu<-l~e clnd lone of voice 4 N/^ Resists physiciil C1ggr!'ssi\'(~ness Hnd Inappropriate physical contact 1 G 3 4 Nt^ 2 cV4 Nt:\ 2& 4 NII\ o 2 3 4 N/,\ (!)3 4 N/.\ t!J 3 4 Nit\ Is eager <-Inn inl' 'W" It '0 in I,.; mllng DemnnSlilrll.''' 1II IIi, '("I." Iflll 'l-! of \'oncepts being taught P'dnicipi-lll'S ill .1111\11"'" .11 It! tlls\us<;ions related to concepts helllg mll~;1I Is coOperali\'" \\'ill~ ",:,,' 1111t "1I10ems alike Shows kll' 1\\lct!I<" ,,' ."..! "'" 's .t!I)OO manners Follows g"I1I'!d! 111" '.... e'l",klill('" and instruCllons not otherwise meJlII'llll'(l "I), 1\ ,. Thi~' CL~;eX 'C'orld'y" ';~;;ve'~~"~~i7;/J 111 io arid I n-ror mo1-' Of) fu1 -the les~'tJn I He' ~ms to ~w. D good ltndersf~tl{/ Inj of' IOYQ(~, . &u-+ h 1'7 be hn ~10r r~' c.Qen .. poor #Jig lueek Student name _Caddy ,.:- I.. t', '\" I-.. pI _ [/ '-!J jel "":' ;HIlt I I':?'(~. " t',_. I 'i) "A . L~ Heanwood ICiKl\er -.,gn;l!ll" _ :r.~ 2. ~XlJ ' . (, Heartwood Program Weekly Studenl Evaluation Form Th,~ Please rate students on the following sc;llt~ I . .\Imost Never 2. Sometimes 3 . Often 4 . ^Imost I\lwHYs Please use -NI.-\" if you have not had the opportunlly to observe and rare Ihe chilrllll iI pmlicular area. I~ . .., pr il\111J' $ 3 4 N/^ Shows respect towarc1 Slilff members and other adults I () 3 4 N/^ Displays Cl willingness to get along well with other students I~ 0.150 ifYlprOv/flq. 1 @ 3 4 NI^ Pays attention when spoken to 2 3 @ N/^ Uses appropriate language and tone of voice 2 Q) 4 N/^ Resists physical aggressiveness and inappropriate physical contact ., ~ 3 4 NI" o 3 4 N/^ I 2 €)4 N/^ IS eager and interestcc1 in IC~lrning Demonstmtes unc1t'rslillltllng of concepts being taught f>'drticlpates in ilcti,'ities ilnd cliscusslons related to concepts being taught 3 4 N/" Is cooperative with staff ilno students alike 3 4 Nt..\ Shows knowleOgt' of ilnn W..l'S good manners 3 4 Nt" Follows gent'rill rules. guic1elincs. and instructions not otherwise mcmiollcd ahovc . \ddllional comments on stlKlcnt prll).!w...... "no hehavior: LCddLj i ~ (\ vrr'j (( I (( ',H Ie. txxI. Be harStfor Impro(lifl) l bed he 0 does ho. VL cia l' Whf n he (Ottlrf,.. do b~tk r SlUdcnt name (' MIA.. _~t,t!.L _ _ '.\'t'ck Of~) ,11ft I ~ r ,-- ) /' He"""'''''' .""""",,'..."''''- _\1,: J\ '2L Im.<'(' It it t?- Heartwood Program Weekly Student Evaluation Form Please rate students on the following SGllt': I . l\lmost Never 2. Sometimes 3 . Often 4, ..\Imost l\lwi:lYs Please use "N/..\" If you have nOI had the opportunity to observe and rate the chile! ir I a particular area. I 2 0 4 NIt\ Shows respect toward starf members and other adults 1 & 3 4 N/^ Displays a willingness to gel along well with other students 1@3 4 Nt^ pays attention when spoken 10 ./ 204 N/^ Uses appropriate language and tone of voice 03 4 N/^ Resists physical aggressiveness and Inappropriate physical contact 1 CD3 4 NII\ Is eager and Interested in leaming 1(3)3 4 N/.\ Demonstartes understanding of concepts being taught 1~3 4 N/" P"drticipates in activities ilnd discussions related to concepts being taught 6) 2 3 4 NII\ Is coopemtlve with staff and students alike 2 @ 4 N/.\ Shows knowledge of ilnd uses good manners (l) 3 4 NI,\ FOllows general rules, gllic1elines. and Instructions not otherwise mentioned above i;Jd7' ~::~s nt:lt".td~fi;:' ii7~ Y""O Q/blran. He dtsjlo.yeJ. I'hJ)c"ca I o.ri]resSitl(MSS "" -j{,rotJ.)I'f'<: lhltt s. l< ~I,t-'n hf ~~{;n/S QIt;t-ry.~-'1 ik i~~hers '0 ~q('J lAetll,Ql.'(, Ie C.QIII~11 H1Mt and dad. I ~ .(>il''''''''' /Jo h?AOL'N" ..rTle. Stude", name crlj: . ~_ "'. Heat1wnnd It'; K her siJ.!n<l tift' "'~<':-;?" I~ '4...' 11: 'kJ..... /" i/ I \' \. I.~~~\. \ ,-" \ Heartwood Program weekly Student Evaluation Form Please rate students on the following scale: I . Almost Never 2. Sometimes 3. Often 4. Almost .\Iways Pleilse use "NI,\" if you have not had the opponunlty to observe and raIl' the child ill iI particular area. I @ 3 4 N/I\ Shows respect toward staff members and other adults CD 2 3 4 N/A Displays a willingness to get along well with other students 02 3 4 N/A Pays attention when spoken to J (92 3 4 N/A Uses appropriate language and tone of voice I 2@ 4 N/A Resists physical aggressiveness and Inappropriate physical contact Q 2 3 4 N/:\ CD 2 3 4 Nt,\ (J) 2 3 4 N/:\ I @ 3 4 N/.\ J 2 @ 4 N',\ 02 3 4 N/,\ Is eager and interested in leaming Demonstartes uIlC1erstanrting of concepts being taught Panicipates in ilni\'ities ilnd discussions related to concepts being laught Is COOpt~filli\'e with slaff ilnd students alike Shm'lls kn()\\'lec1ge of ,lIlrt uses good manners Follows general rulc's. guioelines. and Instructions not other.vlse mcnlioncd abo\'e ,\ddiflonal commellls on sluOellt prololw:o.s ,!nO hehavior: .~ 1M '~~ll~f,';';''jh ft~l ~ uJ~ ~ L~ ;\L ~~ ~-<l, A..c. <: q Q. ..~ ~ ~ u,~t k A.o A~l-"I C')V L~ ,1'k..(. Student nitrYl(' ('CIV,>( tV(( ..____ _ ._ Wt'ek of' J l'tloi fb:...~(\t' J&~(t.~<<~ ()I/ Heart'-''O()(1lt',,,, Iwt ""iool'hlhlfl" MICHELLE L. MARTIN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. GREGG L. EYER Defendant CIVIL ACTION - LAW NO. 96-5129 CIVIL TERM ORDER OF COURT AND NOW, this 16 day of August, 2001, upon consideration of the "Motion for Hearing To Resume Mother's Partial Custody Rights" filed on behalf of the Plaintiff, and pursuant to an agreement reached in open court among the parties and their respective counsel, it is ordered and directed as follows: 1. That mother's partial custody shall resume as of Sunday, the 19th of August, at 9:00 o'clock. Transfer shall take place at Cressler's Market. 2. Mother will allow her home to be available for the Thursday or Friday before she is to receive Caddy on her partial custody weekends for inspection. Father shall bear the costs of all inspections. This right shall continue through the end of the calendar year. 3. After school starts, mother shall have the first two weekends for partial custody of Coddy and Labor Day. Labor Day weekend mother shall have the child from 7:00 o'clock on FI.iday until :2 :00 o'clock on Monday, Labor Day, All other aspects of the order of June 11 are in effect. By the Court. ~ o<t.:.~ ~.~ YBRIFICATION I, the W1dclligncd, do hereby verify that the facts set fOM in this petition arc true and correct to the best of my Imowledge and belief, I understand that false statements herein arc made subject to the penalties of 18 Pa.CS. Section 4904, relating to unsworn falsifICation to authorities. June J3. ZOO6 ~b. t. ;J?u,...c-"':' 6-/3 - 061 MicheUe 1.. Martin 'W ~......... >- ,.., . , I-':"'~ ., 'lit ' . \n~ - ... - 'L.o - - <:) ,....0- :J ~ -(" - '- \: ... ~ .-'. ~ " ~ ~ '- . v JUI 2 5200ft IN TIlE COURT OF COMMON Pl.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVil. ACTION -l.A W v MICIIELU: L. MARTIN, Plaintiff C;REC;ORRY I.. Jo:YER, Ddendant NO. 96-5129 IN CU~'TODY COlIRT ORDF.R AND NOW, this d day of July, 2006, upon consideration of the attached Custody Condliatlon nport, It is ordend and dim:ted as follows: I. A hearing is scheduled in Court Room No. I of the Cumberland County Courthouse on the J31.tl da)' of rtt. ,2006 at~'-:l..m. At this btaring, tbe motber sball be tbe mo\'ing party and sbaU pl'OCffd initiaUy with talimony. Counsel for the parties sball file wltb tbe Court and opposing counsel a memorandum setting fortb tbe bistory of custody In this case, tbe issua c:urnntly befon tbe Court, a summary of tacb parties position on thae issues, a list of w itafSSfS who will be calltd to tatif)' OIl bebalf of tacb puty and a summary of the anticipated tatlmon)' of tach w'itaas. This memorandum Ihall be fded alleast fne da)1 prior 10 the menlioned htaring dale. 2. Relatl\'e 10 lbe Pnllmlnar)' Objeclions to jurisdiction w hkb Ibe Defendant has filed and assaming Ihe Defendanl desira to proceed wllh liligalina Ibose Pmmlnary Objections, Ihe DefendaDI'. counsellball file "lIb Ibis Coart and OPposinl counsel a Memoraadam of I.a,., in support of Ihe Pnliminary Objections. Sacb Memorandam shall be fUed "Itb. len da)1 of the dale of this Order. I 'poalbe filial of Defelldaat's MfMOf'Ilndum, Plaiatill's nHlaseI daalllUe w kh Ihis ('oart w lib. senD da) s .f receipt of Defeadaal'l 1\IfIDO,...... a !\IfIDOralldu. .r I.." lIIl behalf.r lbe PIa.1ift Tbe rourt .i1111ln couslder beda M~ aIId Iuue a. appropriale Ordtr on Ik Pl......ry Object.... MICHELLE L. MARTIN, Petitioner/Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GREGGORY L. EYER, Respondent/Defendant NO. 1996-5129 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of January, 2007, upon consideration of the Petition for Modification filed in the above-captioned matter on June 13, 2006, and the Court having scheduled a hearing for this time and place on the Petition, and the Petitioner/Plaintiff Michelle L. Martin, having failed to appear for the hearing, and the Respondent/Defendant Greggory L. Eyer, having appeared with his counsel, Leslie A. Tomeo, Esquire, and having moved through counsel for a dismissal of the Petition based upon the Plaintiff's failure to appear, the motion is granted and Plaintiff's Petition for Modification is dismissed. By the Court, Plaintif J. Tomeo, Esquire Hanover Street pcb --,-.. -'. o -(\ N \~'-? c~,:1 c;.) l~q(,~ z;'JJ-f1 0-.11 \ ft.-I7'^' r-ye( ~ . STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW v. : NO. 1996-5129 CIVIL GREGGORY L. EYER, Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner, Michelle L. Martin, by her attorney, Stacy B. Wolf, Esquire, and files this petition for special relief respectfully representing as follows: 1. The plaintiff is Michelle L. Martin, an adult individual residing at 449 Hunter Road, Newville, Gnnberland County, Pennsylvania 17241. 2. The defendant is GreggOlY L. Eyer, an adult individual residing at 3818 Oipp Ct., Greencastle, Pennsylvania 17225. 3. The plaintiff and defendant are the natural parents of one minor child, namely: Nam: Present Residence ~ CoddyW.Eyer 3818 Oipp Ct. Greencastle, P A 17225 11 years D.O.B.10/17/1994 4. The child is presently in the custody of Father but resided with Mother from the time of his birth until 2001 when the child began residing with Father, Since that time, the child has been in the . custody of Father, but Mother has been afforded very limited opportunities to have visitation with the child. 5. On or about June 12,2006, Father informed Mother that he intends to leave PelUlSylvania with the child and move to Texas the week-end of June 17-18,2006. 6. Mother believes and therefore avers that it would be in the best interests of the child for this Court to issue an Order for Special Relief, directing Father not to remove the child from the jurisdiction without the express written consent of the mother, to prevent the child from being removed from the jurisdiction before a conciliation conference can be held on this matter. 7. Mother has, this date, initiated an action to modify custody by the filing of a petition with the Court. WHEREFORE, Petitioner, Michelle L.:Martin prays this Honorable Court enter a Temporary ClJstody Order directing Respondent, Greggory L. Eyer, not to remove the child from this jurisdiction in excess of 72 hours without the express written consent of the Petitioner, pending further Order of Court, and directing the Court Administrator's office to schedule an expedited custody conciliation conference to address the issues raised in this matter. Respe submitted, Stacy B. Wo , Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff Dated: June 13 2006 . VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. 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. June 1.8.2006 ~dtG (} ~,. Michelle L. Martin STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 1996-05129 CML GREGGORY L. EYER, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, have served a true and correct copy of Petition for Special Relief upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: GreggOIY 1. Eyer 3818 Oipp a. Greencastle, P A 17225 WOLF & WOLF June J.g 2006 By: ~1J,1JdI- STACY B. OLP, ESQUI Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court LD. No. 88732 ~ v. ~~~ Q. C> ""t> <:.\..~ .}- ~ ...t) - I>> -C:.. - ....\ .-.-. ;'::'::;:' (:..:> (~... <.- c= ::.;r':':. c...:> o -n ...-. ::t:-n p1p m (~: r:'" :-:;--, ':,J;~:~~ ~;~i ~ -...., -,"" r:? Ul c:> STACY B. WOLF, ESQUIRE ATTORNEY In NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW (-'j c:': r---.:> C~-:') c_~";) <:;;" v. S.::: ::...:; o -n -l ::r:" nl r-- m C"J C~) : NO. 1996-5129 CIVIL w GREGGORY L. EYER, Defendant : IN CUSTODY -ry c.) :~:)~~ -I ~D -< PETITION FOR MODIFICATION C) o AND NOW comes the plaintiff, Michelle L. Martin, by her attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff/petitioner is Michelle L. Martin, an adult individual residing at 449 Hunter Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Greggory L. Eyer, an adult individual residing at 3818 Oipp G., Greencastle, Pennsylvania 17225. 3. The parties are the natural parents of one minor child, namely: Name Present Residence Age Coddy W. Eyer 3818 Clipp G. Greencastle, P A 17225 11 years D.O.B.I0/17/1994 4. The child is presently the subject of an Order for Custody issued June 11,2001, providing for shared legal custody and primary physical custody of the child with Father and periods of temporary physical custody of the child with Mother on alternating weekends of each month, for four consecutive weeks at the beginning of the summer and four consecutive weeks at the end of the summer, and pursuant to a holiday schedule. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit A 5. Mother seeks a modification of custody of the child based upon developments that have occurred since the issuance of said custody order. 6. Mother is in a better position to be able to care for the child than she was in 2001 when the last Order was entered. 7. Mother has full-time employment and a place to live with sufficient room for the child. 8. Mother has a good relationship with the child and shares a strong bond with him. 9. The child has been experiencing difficulty in school with his teacher and other classmates related to his absences, believed to be the result of Father taking the child out of school for two different two week trips, once to Texas and once with his Father who was trnveling for work in a tractor trailer truck 10. Mother believes that Father has sought to alienate the child from the love and affection of his Mother as well as to impede Mother's periods of physical custody with him. 11. In the past, the child had to be taken to the hospital emergency room for dehydration, and Father failed to contact Mother regarding the emergency room visit causing Mother to be unaware of such emergency hospitalization. 12. Mother has been alienated from the child by not having regular telephone contact with him because Father has denied contact between the child and Mother. 13. Father has denied Mother custody of the child many times contrary to the provisions set forth in the Order. 14. Mother avers that the basis for her actions concerning her child is solely motivated by her concern for the child's best interests and pennanent welfare. 15. Father has informed Mother that he intends to remove the child from the jurisdiction and move with the child to Texas. 16. Mother and the child have always lived in this area and Mother's family resides in this area. 17. Mother and the child have friends and strong ties to the area. 18. Mother believes and therefore avers that it would be in the best interests of the child for the Court to issue an order granting primary physical custody of the child to Mother with periods of partial physical custody to Father. WHEREFORE, Plaintiff Michelle L. Martin, prays this Honorable Court enter an Order gnmting primary physical custody of the child to Mother with periods of partial physical custody to Father, and any other relief the Court deems appropriate. Respectfully submitted, Dated: June 13, 2006 By: W~~lf Wolf .. f ..1 . 1 - .. /. --1. .. , / ftUJ:>tlj, U ;;5lt Stacy B. Wolf, Esquire U 10 West High Street Carlisle, P A 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. 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. June 13, 2006 ~". ,*. ^~ Michelle L. Martin ~-/3- O<Q STACY B. WOLF, ESQUIRE ATTORNEY In NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. GREGGORY L. EYER, Defendant : NO. 1996-5129 CIVIL : IN CUSTODY CERTIFICATE OF SERVICE I, the undersigned, herebycenifythat I served a copy of the foregoing Petition for Modification on the following pany on this date and in the manner indicated. SERVICE BYFIRSTCIASS MAIL: Greggory L. Eyer 3818 CIipp Ct. Greencasde,PAl17225 Date: June ! 2> , 2006 ~fu, 1JiJJJ2) Stacy B. wi Esquire r Attorney for Plaintiff ti (J , . STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF mec';;.n"l)! '_7 ~ JUN I 3 2006 13Y;_ - """::: .y MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :CMLACTION-LAW v. : NO. 1996-5129 CML GREGGORY L. EYER, Defendant : IN CUSTODY ORDER OF COURJ' NOW this l't \L day of June, 2006 upon consideration of the AttaChed Petition for Special Relief, the following Order is hereby issued: 1. Pending a custody conciliation conference in this matter, primary physical custody of the child shall be with Father. 2. Pending further Order of Court, Father is specifically directed not to remove the child from the jurisdiction for a period in excess of 72 hours without the express written consent of Mother. 3. The Court Administrator's office is direct to schedule an expedited conciliation conference to ful1y address the issues presented in this matter. By the Court, , 6,Dl(> C)\!\ ~ ""-..l, ~; 'tlt: f1-:?: \.j( )..., L__ ~U,~ .:-JLLJ G-:r: ..... U- o ~- L'J 1..:';' ~.",- c:: ~ - ~'L'''" ~ '-'" 0;;::::) C..::> "'" . MICHELLE L MARTIN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 96-5129 CIVIL ACTION LAW GREGGORY L EYER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, Jnne 19, 2006 , upon consideration of Ihe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Tbursday, July 20, 2006 , Ihe conciliator, at 10:30 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: Isl Hubert X Gilrov, Esq. Custody Conciliator 1)4~ 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 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 (7 I 7) 249-3166 P /rr# ..... ,-r ~ ?rlrX' 9 '0 .Ifp % /'fI"J1fY ~ 1~'rJt'-"l k r 4- /f1""" 41,; -/'0/ "Jrl Q{"-9 ]:r:;;~:/',fno 9S :8 Hd 0" v unr 9UDl AH',Wi-'-' -,'" . I ~ '. ''''. ',.leD ~HI ',- :~:Jj",!,!r';-f.'_-i-j~1 \ ."'" :L.J _ '_ ,!] J v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW MICHELLEL. MARTIN, Plaintiff GREGGORY 1. EYER, Defendant : NO. 1996-5129 CIVIL :IN CUSTODY' PRELIMINARY OBJECTIONS OF DEFENDANT TO JURISDICTION AND NOW, comes GREGGORY 1. EYER, by and through his counsel, Leslie A. Tomeo, Esquire and objects to the jurisdiction of this Court and avers as follows: I. At all times relevant to this action, Defendant was and currently is residing in Franklin County, at 10344 Kasieville Road, Mercersburg, Pa 17236. 2. Plaintiff, Michelle 1. Martin is residing a1449 Hunter Road, Newville, Cumberland County, Pa 17241. 3. For the past six years the child, Coddy W. Eyer has resided with Defendant in Franklin County. 4. Cumberland County does nol have jurisdiction. WHEREFORE, Defendant respectfully requests that this Honorable Court transfer this matter to the Franklin County Court of Common Pleas where jurisdiclion is appropriate. Respectfully submitted, ROMINGER & WHARE Date: July 3, 2006 i\"'{'<) L ie A. Tome~, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Suprem~ Court ID # 200198 Attorney for Defendant . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW MICHELLE 1. MARTIN, Plaintiff GREGGORY 1. EYER, Defendant : NO. 1996-5129 CIVIL :IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A.Tomeo, Esquire, attorney for Defendanl, do hereby certify thai I this day served a copy of the Preliminary Objections of Defendant to Jurisdiction upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Stacy Barker Wolf, Esquire Wolf & Wolf 10 W. High Street Carlisle, PA 17013 Les Ie A. Tomeo, squire Attorney for Defe dant Dated: July 3, 2006 n <;. , ,..., c^~::. '< ~Y"" 1..") 11 7! (1"J ! ("..,) T co c:.;, ;~J .< MICHELLE L. MARTIN, : Plaintiff v. GREGGORY L. EYER, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 96-5129 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of July, 2006, upon consideration of Preliminary Objections of Defendant to Jurisdiction, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of service. ~cey Barker Wolf, Esq. Attorney for Plaintiff ~eslie A. Tomeo, Esq. Attorney for Defendant ~ :rc BY THE COURT, J. ~JJ\; f\'\ o '-:1" (I ':'D :(}I lIt) 61 'Jf1r SEOl .. STACY B. WOLF, ESQUIRE ATrORNEY ID NO. 88732 WOLF & WOLF 10 WEST mGH STREET CARLlSLE PA 17013 (717) 241-4436 ATrORNEY POR PLAlNTIFF MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW v. : NO. 1996-5129 CIVIL GREGGORY L. EYER, Defendant : IN CUSTODY RESPONSE TO RULE TO SHOW CAUSE NOW, comes the plaintiff, Michelle 1. Martin, by her attorney, Stacy B. Wolf, Esquire, and responds to the defendant's Preliminary Objections to Jurisdiction as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The allegations in this paragraph state a conclusion of law to which no response is required. By way of further answer, it is denied that Onnberland County does not have jurisdiction. .. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss Defendant's Preliminary Objections with prejudice, affirm Gnnberland County's continuing exclusive jurisdiction over this matter, and grant any additional relief the Court deems appropriate. NEW MATTER 5. Plaintiff incorporates by reference her responses to paragraphs one through four as if set forth fully herein. 6. Pursuant to 23 Pa.C.S. S 5421 and Pa.ReP. 19152, physical presence of the child in Gnnberland County is not a prerequisite to making a custody detennination in Gnnberland County. 7. Pursuant to 23 Pa.C.S. S 5421 ~~ Gunberland County has had continuing exclusive jurisdiction over this case since its inception in 1996. 8. Gunberland County has entered numerous orders in this case and is familiar with this case and all of the historical difficulties related to custody of Coddy W. Eyer (hereinafter "the child"). 9. Priorto 2006, the last Order of Gunberland Countywas entered in June, 2001, when the child was residing in Franklin County. 10. Despite the child's relocation to Franklin County, Gnnberland County has continued to preside over the custody dispute and custody matters are still pending in Gunberland County. 11. Prior to and including the entry of the June, 2001 Order, Defendant, although represented by counse~ had never objected to jurisdiction in Gunberland County or sought to transfer venue to Franklin County. . 12. At the time of filing of Plaintiff's Petition for Special Relief and prior to the entry of the most recent June 14, 2006 Order granting special relief, Defendant did not object to jurisdiction or venue in Cumberland County. 13. Following Plaintiff's filing of a Petition to Modify Custody seeking primary custody of the child and following Defendant's failure to abide by the existing June, 2001 Order of Court by disallowing Plaintiff to have the consecutive four week period of custody at the beginning of this summer, Defendant is now objecting to jurisdiction. 14. Defendant has not filed a custody action in Franklin County. 15. Defendant has not filed a petition to transfer venue to Franklin County. 16. Defendant's failure to object to venue in Gunberland County constitutes a waiver of this objection. 17. The child's mother, mother's family, father's rnother, and father's brothers reside in Gunberland County and thus the child has significant contacts with Gunberland County. 18. It is in the child's best interest for Gunberland County to continue to exercise jurisdiction in this case. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss Defendant's Preliminary Objections with prejudice, affirm Cumberland County's continuing exclusive jurisdiction over this matter, and grant any additional relief the Court deems appropriate. uu /lj D27 ,2006 BY: STACY B. OLF, ESQUIRE Supreme Court In #88732 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff . VERIFICATION I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. July Ql/z006 ~(Jt1t!,,/ ~ ~/ MICHELLE L. MARTIN, Plaintiff STACY B. WOLF, ESQUIRE ATrORNEY ID NO. 88732 10 WEST HIGH STREET CARUSLE, PA17013 (117) 241-4436 ATrORNEY FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CMLACTION-LAW MICHELLE L. MARTIN, Plaintiff v. : NO. 1996-5129 CML GREGGORY L. EYER, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B.Wolf, Esquire, have served a true and correct copy of Plaintiff's Response to Rule to Show Cause upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Leslie A. Tomeo, Esquire Rominger & Whare 155 S. Hanover Street Carlisle, PA 17013 J~ 2006 By: STACY B. WO F, ESQUIRE Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court J.D. No. 88732 \'--' C.J ,-' ."'11 ::;j 0'1 -'"I 1""" -, ( , { ~ c.:'" MICHELLE L. MARTIN, Plaintift' JUl 2 5 2006 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'Y . v CIVIL ACTION - LAW GREGORRY L. EYER, Defendant NO. 96-5129 IN CUSTODY COURT ORDER AND NOW, this dday of July, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No.1 of the Cumberland County Courthouse on the-23M day of #f!;{. , 2006 at~...A..m. At this hearing, the mother shall be tbe moving party and shall proceed initially with testimony. Counsel for the parties shall me witb the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be med at least fIVe days prior to the mentioned hearing date. 2. Relative to the Preliminary Objections to jurisdiction which the Defendant has filed and assuming the Defendant desires to proceed with litigating those Preliminary Objections, the Defendant's counsel shall fde with this Court and opposing counsel a Memorandum of Law in support of the Preliminary Objections. Such Memorandum shalI be filed within ten days of the date of this Order. Upon the filing of Defendant's Memorandum, Plaintiff's counsel shall me with this Court within seven days of receipt of Defendant's Memorandum a Memorandum of Law on behalf of the Plaintift'. The Court will then consider both Memorandums and issue an appropriate Order on the Preliminary Objections. ,-~~..l ~ .-,::> ('J r:--:- ~, If Defendant does not file a brief in support of the PreliminAry Objections as set forth above, the PreliminAry Objections will be deemed abandoned and no further action is necessary on behalf of the Court or the parties relative to the PreliminAry Objections. 3. Pending further Order of this Court, the existing Orders of Court shall remain in place and the general provision of mother enjoying cnstody on alternating weekends shall continue. 4. The Conciliator may retain jurisdiction over this case to address any issues relating to mother's temporary cnstody pending the hearing scheduled above. In the event the parties reach a dispute on such custody, legal counsel for the parties may contact the Custody Conciliator on those issues and the Conciliator may recommend a further Order to the Court. BY THE COURT, cc~~ B. Wolf, ~quire ~lie A. Tomeo, Esquire ';. tv ~ ~'J \) . MICHELLE L. MARTIN, Plaintift' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CML ACTION - LAW GREGORRY L. EYER, Defendant NO. 96-5129 IN CUSTODY Prior Judge: J. Wesley Oler CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Coddy W. Eyer, born October 17, 1994. 2. A Conciliation Conference was held on July 20, 2006, with the following individuals in attendance: The mother, Michelle L. Martin, with her counsel, Staey B. Wolfe, Esquire, and the father, Gregory L. Eyer, with his counsel, Michael O. Palermo, Esquire 3. There is an existing Custody Order from 2001 which gives father primary custody and mother periods of temporary custody. Mother has now filed a petition to modify that Order and is seeking primary custody. The father will not agree with mother's request and believes he should continue to retain primary physical custody. 4. The father has also filed Preliminary Objections suggesting that Franklin County has jurisdiction in this case. For purposes of the Preliminary Objeetions, the parties agree to the following facts: A. This Court has had jurisdiction over this case since 1996 and has issued a number of Custody Orders to date. B. Father and the minor child reside in Franklin County and the child has resided in Franklin County since approximately 2001. C. Mother resides in Cumberland County. . . D. There is no action pending in Franklin County SO there is no need for this Court to have communication with the Franklin County Court at this point. 5. In the event father desires to pursue his Preliminary Objections, the Conciliator bas recommended a Briermg Schedule be set forth in the Order and those matters be addressed in advance of a hearing. If the Court decides to decline jurisdiction, the hearing that will be scheduled can be cancelled. If the Court dismisses the Preliminary Objections, the parties can proceed to the hearing as scheduled. 6. The Conciliator recommends an Order in the form as attached. r,~)~\ 011 DATE MICHELLE 1. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION-LAW GREGGORY L. EYER, Defendant : NO. 1996-5129 CML :IN CUSTODY I'RAJCIPE TO WITlmllA W t.Rt:LIMINARY OBJECTIONS . Please withdraw the preliminary objections which were tiled on July 3, 2006 in the above captioned matter. The parties have agreed to abide by the current custody order. Date: August I, 2006 Respectfully submitted, ROMINGER & WHARE Ie . Tom , Esquire 155 South H vcr Street Carlisle, PAl 013 (71 7) 241-6070 Supreme Court 10 # 200198 Attorney for Defendant ....' ,~) '-:1 .:::;..l'~ \t:f ~~ \; "-j :"',1 ~., ::r:.-n 1';') r~" _~,\:1"" -;-~i t' f....) C" STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW v. : NO. 1996-5129 CIVIL GREGGORY L. EYER, Defendant : IN CUSTODY MOTION FOR CONTINUANCE NOW comes the plaintiff, Michelle L. Martin, by her attorney, Stacy B. Wolf, Esquire, and presents the following motion for continuance of the October 23, 2006, custody hearing, representing as follows: 1. Plaintiff is Michelle L. Martin (hereinafter "Mother") in the above captioned matter, who currently resides at 449 Hunter Road, Newville, G.unberland County, Pennsylvania 17241. 2. Defendant is Greggory L. Eyer (hereinafter "Father") who currently resides at 10344 Kasiesville Road, Mercersburg, Pennsylvania 17236. 3. The parties are the natural parents of one minor child, namely: Name Present Residence .Age Coddy W. Eyer 10344 Kasiesville Road Mercersburg, P A 17236 11 years D.O.B.I0/17/1994 4. The child is presently the subject of an Order for Custody issued June 11, 2001, providing for shared legal custody and primary physical custody of the child with Father and periods of temporary physical custody of the child with Mother on alternating weekends of each month, for four consecutive weeks at the beginning of the summer and four consecutive weeks at the end of the summer, and pursuant to a holiday schedule. 5. Due to unresolved issues, a custody hearing is scheduled for Monday, October 23,2006. 6. The undersigned has had no contact with Plaintiff since late July, 2006, despite the undersigned's repeated attempts to contact Plaintiff by telephone and mail. .. 7. Despite the undersigned's numerous attempts to contact Mother concerning her representation and to prepare for the upcoming custody hearing, the undersigned has been unable to communicate with Mother to adequately prepare for the upcoming October 23, 2006 custody hearing. 8. Contemporaneous with the filing of this motion, the undersigned is filing a Motion for Leave to Withdraw as Counsel. 9. The undersigned contacted Leslie A Tomeo, Esquire, counsel for Defendant, for concurrence in the filing of this motion and such concurrence was given. WHEREFORE, Plaintiff, Michelle L.~, respectfully requests that the Court issue an Order rescheduling the custody hearing, currently scheduled for October 23,2006, at 9:30 a.In., along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, Dated: October Ji, 2006 WOLF & WOLF By. ~~s~~~ 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court LD. No. 88732 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby verify I am counsel for Plaintiff, and the facts set forth in this motion are true and correct to the best of my knowledge and belief. 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. October 11, 2006 Stacy B. Wo Counsel for Plaintiff STACY B. WOLF, ESQUIRE ATtORNEY In NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATIORNEY FOR PLAINTIFF MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVILACTION-LAW v. : NO. 1996-5129 CIVIL GREGGORY L. EYER, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify this day that I have served a true and correct copy of Plaintiff's Motion for Continuance upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Michelle L. Martin 449 Hunter Road Newville, PA 17241 Leslie A. Tomeo, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Counsel for Defendant Respectfully submitted, WOLF & WOLF Dated: October 11, 2006 By: Stacy B. W 0 , Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff o ~ ~~,~, ~ = ....:::) <::;no o c~ -. ~ ...... :L\1 nlr-:: fIl ..;.... I . --'C) -,,-~ -'- -'17~:, ::..; ;'1'1 , j ~ .-< r:? .r:- STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW v. : NO. 1996-5129 CML GREGGORY L. EYER, Defendant : IN CUSTODY MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF NOW COMES counsel of record for Plaintiff Michelle L. Martin, Stacy B. Wolf, Esquire, and respectfully submits this Motion for Leave of Court to Withdraw as Counsel for Plaintiff, Michelle L. Martin, pursuant to Pa.RCP. 1012, and in support thereof, avers as follows: 1. Plaintiff, Michelle L. Martin, is an adult individual who is a resident of the State of Pennsylvania, and whose last known address was 449 Hunter Road, Newville, G.nnberland County, Pennsylvania 17241. 2. The undersigned counsel was retained by the plaintiff on or about June 12,2006. 3. Due to unresolved issues, a custody hearing is scheduled for Monday, October 23, 2006. 4. The undersigned counsel has had no contact with Plaintiff since late July, 2006, despite the undersigned's repeated attempts to contact Plaintiff by telephone and mail. 5. Plaintiff has failed to respond to the undersigned's most recent correspondence dated September 29, 2006, stressing the importance of Plaintiff contacting the undersigned to discuss the upcoming custody hearing and to prepare the pre-trial statement. 6. Despite the undersigned's numerous attempts to contact Mother concerning her representation and to prepare for the upcoming custody hearing, the undersigned has been unable to conununicate with Mother to adequately prepare for the upcoming October 23, 2006 custody hearing. 7. Moreover, the undersigned counsel has perlonned legal services for the plaintiff concerning this matter and has not been compensated for some such services. Thus, Plaintiff has failed to meet her obligations to counsel as outlined in her attorney/ client agreement. 8. The undersigned counsel believes and therefore avers that no prejudice would be suffered by her client if the instant motion is granted. 9. The undersigned counsel contacted Leslie A Tomeo, Esquire, counsel for Defendant, for concurrence in the filing of this motion and such concurrence was given. WHEREFORE, the petitioner, Stacy B. Wolf, Esquire, respectfully prays that this Court grant leave for the undersigned to withdraw her representation of Plaintiff, Michelle L. Martin, and to grant any further relief that the Court deems appropriate. Dated: October~, 2006 By: Respectfully submitted, w~ /. .. p 1J~ Stacy B. If, g'wr., 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this Motion are true and correct to the best of my knowledge and belief. 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. Dated: October jl, 2006 ~-fd. ~ Stacy B. Wo , Esquire STACY B. WOLF, ESQUIRE ATTORNEY In NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVILACTION-LAW v. : NO. 1996-5129 CIVIL GREGGORY L. EYER, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Motion for Leave to Withdraw as Counsel to the below-listed persons: Michelle L. Martin 449 Hunter Road Newville, PA 17241 Leslie A. Tomeo, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Counsel for Defendant Dated: October jl, 2006 s~~~ ~ or...::.::> 6 0.... a c~ (,:) 11 ~-n nl-= .--:)6 .)1..-0' -.jf--! " I ~7 !) ~~.~ ~~~ diJ :< -. f':? G.) W STACY B. WOLF, ESQUIRE ATTORNEY In NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF OCT 1 2 lOOo ffr MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW v. : NO. 1996-5129 CIVIL GREGGORY L. EYER, Defendant : IN CUSTODY RULE TO SHOW C~ u fC2tl 'V\ J D~ ~ A Rule is hereby issued ~ the plaintiff to show cause why the relief requested should not be ,... granted. Rule returnable ~ days from the date of this Order. J. Distribution: Stacy B. Wolf, Esquire f Michelle L. Martin . / 0-/7 -O~ Leslie A. Tomeo, Esquire ~-~ jt{5 ( '~!tlJ 20 :S !ld ! ' I""') . I . Ii !y,r.Z .'" ~d' )J iJ ,.-- - ------ . . '" OCT 12 2006f : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MICHELLE L. MARTIN, Plaintiff v. CIVIL : NO. 1996-5129 GREGGORY L. EYER, Defendant : IN CUSTODY ORDER OF COURT AND NOW this I {", It day of 0 It. ' 2006, upon consideration of the attaChed Motion, it is hereby ordered that the custOdy he~ scbeduled for October 23, 2006, at 9:30 o'clock a.m., be rescheduled to 7r'm1, I f(w. ,;1;/ ,2.'; atL: ~ o'clock ---$-m., in CourtroOm L. J. It/MlI'.I,\SNN3d AlNnOJ O!'~;:':':Fj8wnO S 2 : II Uti 81 1:10 900l AW10NOH10!:Jd 3H.L :JO 3QI.:J:!G-Q31l:J .. STACY B. WOLF, ESQUIRE ATTORNEY ill NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARUSLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW v. : NO. 1996-5129 CIVIL GREGGORY L. EYER, Defendant : IN CUSTODY PETITION TO MAKE RULE ABSOLUTE NOW COMES counsel of record for Plaintiff, Michelle L. Martin, Stacy B. Wolf, Esquire, and respectfully submits this Petition to Make Rule Absolute, and in support thereof, avers as follows: 1. On October 11, 2006, Counsel petitioned the Court to withdraw as counsel for Plaintiff. 2. On October 17, 2006, the Court issued a Rule to Plaintiff and Defendant to show cause, with a fourteen-day return from the date of the Order, why the relief requested should not be granted. 3. More than 14 days have elapsed since the Rule was issued, and no response from either Plaintiff or Defendant has been filed. .. WHEREFORE, the petitioner, Stacy B. Wolf, Esquire, respectfully requests this Court to make the Rule, issued on October 17, 2006, Absolute and grant leave for the undersigned to withdraw her representation of Plaintiff, Michelle L. Martin, and to grant any further relief that the Court deems appropriate. Respectfully submitted, WOLF & WOLF Dated: November 12, 2006 Br- s~~!~1uPf 10 West High Street Carlisle, P A 17013 Supreme Court I.D. No. 88732 (717) 241-4436 VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. 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. Dated: November J3.., 2006 Sta~121~ STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW v. : NO. 1996-5129 CIVIL GREGGORY L. EYER, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Petition to Make Rule Absolute to the below-listed persons: Michelle L. Martin 449 Hunter Road Newville, PA 17241 Leslie A. Tomeo, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Counsel for Defendant Dated: November J..2 2006 WOLF & WOLF By: sd!r::z~~ ~ ,'::::> c.= c-, ,..-11-:".. c:.) ....,~ w ~.D r.:- eD .. tV NOV 14 20fI ti MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 1996-5129 CIVIL GREGGORY L. EYER, Defendant : IN CUSTODY ORDER AND NOW this tSlt day of ~ D \J , 2006, upon consideration of the foregoing Petition to Make Rule Absolute, the requested relief therein is hereby GRANIED and counsel is hereby authorized to file a praecipe to withdraw as counsel with the Prothonotary and to serve notice of this Order and such praecipe upon Plaintiff, Michelle L. Martin, and counsel for all other parties to this matter. Distribution: dJ~ J. Stacy B. Wolf, Esquire \ Michelle L. Martin Leslie A. Tomeo, Esquire / 11-15'-()~ O~ ~~tL :pl.' 5" 00 :E Hd S I flON gUGZ IH'..;Ir>>:('..,I'\U.4 ':;JH.L' .lU. AuV).,.v, ......)i ..j;...../'....lW :J 3JH:lC..-(:r311~ , STACY B. WOLF, ESQUIRE ATTORNEY In NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 1996-5129 CIVIL GREGGORY L. EYER, Defendant : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdrnwthe appearance of STACYB. WOLF, ESQUIRE, as attorney of record for Plaintiff, MIaiEllE L. MARTIN, in this matter. Nove~berQLL,2006 -----' STACY B. LF, ESQUIRE WOLF & WOLF 10 West High Street Carlisle, PA 17013 717-241-4436 SUPREME COURT ID #88732 , '.. STACY B. WOLF, ESQUIRE ATI'ORNEY In NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 MICHELLE L. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANU : CIVIL ACTION - LAW v. : NO. 1996-5129 CIVIL GREGGORY L. EYER, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify this day that I mailed a true and correct copy of the foregoing Praecipe to Withdraw Appearance of Counsel of Record, by U. S. Mail, postgage prepaid, to the following: Michelle L. Martin 449 Hunter Road Newville, PA 17241 Leslie A. Tomeo, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Counsel for Defendant Dated: November lL, 2006 Stacy B. r:) r::: ~"-: C) ':'h ....;;~ f".' N f'\,J r,..T~