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HomeMy WebLinkAbout97-06915 ~1 .<:>- ~ -,. I,p. ~ ~ 'f) "f) \> g 2 " . J . '() .; ." .. '-l V1 .<l 'v, '" [' ~ >. ~n f. l,.">, I l'_ " , ':.' , ll: . , (y , ' q (,II 1111 IJ~ I '- " i,.M" t' r'" ..J II <. -' -' @ FEEl 1 0 199~ SANDY VIORAL, IIN THE COURT OF COMMON PLEAS OF plaintiff ICUMBBRLAND COUNTY, PENNSYLVANIA . . V ICIVIL AC~IION - LAW . . ERIC VIORAL, :NOI 97-6915 CIVIL TERM Defendant I IN CUSTODY advised that the parties desire to postpone and continue the Conciliation Conference generally, the Conciliator relinquishes jurisdiction. C('" v, COURT ORDER AND NOW, this day of February, 1998, the Conciliator being CCI Ron Turo, Esquire - re ,~v SANDY VIORAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6915 CIVIL TERM CIVIL ACTION - CUSTODY v. ERIC VI ORAL, Defendant QBQ.ER OF COUBI ,..A AND NOW, this ~~ day of June, 1998, upon presentation of a Stipulation signed by the parties in the above captioned maller, it is hereby ordered and directed as follows: 1. The Plaintiff, Sandy Vioral and the Defendant, Eric Vioral will share legal custody of their son, Justin Michael Vioral, born October 24, 1994. 2. The Plaintiff, Sandy Vioral will enjoy primary physical custody of her son. 3. The Defendant, Eric Vioral, will enjoy partial custody of his son as follows: a. Every other week from 6:30p.m. on Wednesday evening until 6:30p.m. on Sunday evening. b. Every Father's Day. 4. The Plaintiff, Sandy Vioral, will enjoy primary physical custody every Mother's Day. This provision will supersede any other provision in this Stipulation. 5. The parties will share Christmas as follows: a. Mother will have her son every Christmas Eve from 4:00p.m. until every Christmas Day at 4:00p.m, b. Father will have his son every Christmas Day from 4:00p.m. until December 26 at 4:00p.m. SANDY LEE MYERS, NKJA SANDY l.EE VIORAL IN TilE (,Olllfl' OF COMMON PLEAS OF Pl.AINTIFF ClIMllI,RI.ANII COllNTY, PENNSYLV ANIA v, 97.C,'J15 CIVIl. ACTION I.A \V ERIC VIORAL DEFENDANT IN ClISH)[}Y OIUlEn OF counT AND NOW. Mond~December 20. 2004 . upon considcl'lltion oflhe allachcd Complaint. it Is hereby direcled that pnrties and their respective counsclnppenr bcfore.lac(IUcllne M. Verney, E~q. . the concilinlor. at 4th Floor, Cumberland Counly Courlhou~e, Carll~le on Tue~day, January 04, 2005 nl 10:30 AM for nPre.llenring Custody Conference. At sllch conferencc. nn em,rt will be made to resolve the issnes in dispule; or if this cannot be accomplished, to deline and 11lIrrow the issues to be heard by the court, nnd to enter into ntemporary order. All children ap,c five or older may also be present al the conference. Failure to appenr at tit<) conference may provide grounds for entry of a temporary or permanent ordcr. The court herehy directs the parties to fnrnish nny IInd all e,isUnll Protection from Abuse orders, Special HelieI' ()rdcrs,lInd Custody orders to tbe concillntor 4H houn Ilrior to scbeduled beurln\!. FOR TilE COURT. By: /~/ "It'quclille Ill. Verne!', E.~q. Custody Concilinl<Jr The Court of Common Pions of Cumberland County is required by law to comply wilh the Americans with Disabililes Act of 1990. For information about accessiblc facilities and ren~onable accommodations available 10 disabled individuals having business bclllre the conrt. please conlncl our omce. All arrangements must be made at lenst 72 hours prior to any henring or business before the court. YOllmust allend the scbeduled conference or henring, YOU SHOUL.D TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DONaT HA VE AN ATTORNEY OR CANNOT AFI'ORIl ONE. CiO TO OR TEI.EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOl! CAN (jElIHiAI. IIEI.P. CUlllberland Cmllll} liar Association 32 SOllth lIedllml Street Carlisle. Pennsylvania 170 I 3 Telcphone (717) 249.3 166 'I "' , 7:1 i "'j ...., j .,1 >. " I'" '-', i il '.'..! I " j n.[}./,tJI/ ftd, ~ ~ t'4 /.1')/'01( '114 Ma.../kJ ~ aj l . I'J.-,)f'~f t~ fl~ ~~ ail- ~/' p. " \ (,) '" \)0 n M.. ':1' ~ \I)' "( \"" ,~ of) ""- .- , \.J~ -.-, Jlr' ~.j t , , ( , ! , , ,J I'.... , Jll. .~. , Ii. "1 , , ~ " , /,-: " , , 0;'.' , ../ ; .. ') I'lF;C'7I\!7n C,.~ I' C 'Om: 1\,,- t., I ....J .....1 " .. UJ f' SANDY LEE MymS, Plaintiff : IN THE COlJRT OF COMMON PLEAS OF : CUMBERLAND COlJNTY, I'ENNSYLV ANIA V. : CIVIL ACTION - LAW ERIC VIORAL, I)dendant : NO. 1997-6915 CIVIL TERM : IN ClJSTOllY ()RJ)(m OF COLJRT ANll NOW, this _ft, ~ day of ~ .2005, upon consideration of the attaehed Custody Conciliatil n Report, it is ordered and directed as follows: / i. A Hearing is schcduled in Court R~oE.No. _1-. of the CU!l}herland County Court House. on the -.2l~ day of t!) ~ . 2005. at g-,3 0 I o'clock. t4... M.. at which time testimony will he taken. For purposes of this Hcaring, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counscl a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated March 10, 2005 is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Eric Vioral, and the Mother, Sandy Lee Myers shall have shared legal custody of Justin Michael Vioral, born October 24, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions atTecting the child's general well-being including. but not limited to, all decisions regarding his health. education and religion. 4. Mother shall have primary physical custody of the child. 5. Father shall have the following periods of partial physical custody of the child: A. During the school year, on an alternating week schedule, Wednesday after school to Friday after school. B. On the alternating week. Wednesday from after school to Sunday at 5:00 p.m. f' " I'i I' ~ I I':U':' ' ('~ ,.,.... , JI- 'II: I :J,j'. /'( !~,'I 21111< ':'." ., 'I ..) ~ 1,1 :,:'1 9: '1'/ , H'',' , ~ 6. During the SUIIIllll'r, the partil:s shall sharl: physkal custody of thc l:hild ou a wcck on/wcek olT schcdule. 7. Tllllnksgiving shall bc shared such that Mothcr shull have physicall:ustOlly of the child from 1):00 u.m, to ]:00 p.lII. Futhcr shall have physicul custody ufthe child from ]:00 p.m. tul);OO p.m. 8. Christmas shall be divided intotwulllocks. Block ^ shall run from Christmas Eve at 4:00 p,m. to Christmas Day at 4:00 p,l11.. Block B shall be from Christmus Duy at4:00 p.m. to [)eccmber 26 at 4:00 P,I1I.. Father shall have Block A in odd Ilumbcred years and Block B in even numbered years, Mother shall have Block ^ in evcnnumbered years and Block 1.1 in odd numbered years. 9. The parties shall eoopel'llte with a custody evaluation. Thc Custody Evaluator shull be selected by Mother, who shall pay for thc entirc cost Mother reserves the right to ask the Court to apportion the cost of the custody evaluation. 10, Transportation shall be shared such that the receiving party shall transport. Father or his designee shall be responsible for transporting the child to and from school during his periods of physical custody. 11. Mother shall have physical custody of the child on Mother's Day. Father shall have physical custody of the child on Father's Day. 12, The parties shall alternate all other holidays not othcrwise specified in this Order, 13. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. -----------.-- Edward E. Guido, J. cc: Bradley L. Griffie, Esquire, counscl for Father Galen R, Waltz, Esquire, counsel for Mother SANIlY LEE MYlmS, PllIlntiff/Rcsllonllcnl nr::-" ".:-"' ": I I' 'Jr' II. \.', ..,.,.,.. .J~jll(l : IN TilE COllin OF COMMON PLEAS OF : ClIMIIEIU,ANIl COUNTY, l'Io:NNSYLVANI/\ v, : CIVIl. ACTION - LAW Io:IUC VIORAL, IlcfCllllllllt/I'ctitiollCI' : NO, 1')')7-6915 CIVIL TERM I : IN ClISTOny I'IUOR .JlJl)GE: EdwlInl 10:, Gnido. ,I, ClISTODY CONCILIATION SlJMMARY REPORT IN ACCOIU>ANCE WITH CUMBERLANI> COUNTY RULE OF CIVIL I'ROCEDURE 1915.3-8, thc undcrsigncd Custody Conciliator submits thc following rcport: I, The pcrtinent information cOllcel11ing the Child who is the subjcct of this litigation is as follows: NAME DATE OF IlIRTII CllnRENTL Y IN CUSTODY OF Justin Michael Vioral Odober 24, 1994 Mothcr 2. A Conciliation Confcrence was held Scptembcr I, 2005 with the following individuals in attcndance: The Father, Eric Vioral, with his counsel, Bradlcy L. Griffie, Esquire, and the Mother, Sandy Lcc Myers, with hcr counsel, Galen R. Waltz, Esquire, 3. Thc Court previously entercd an Ordcr on March 10,2005 providing for shared legal custody, Mothcr having primary physical custody and Fathcr having 6 overnights out of 14 during thc school ycar, with a week on/week offschcdule for the summcr. 4, Father's position on custody is us follows: Father secks shared legal and sharcd l"hysical custody on a week on/week off basis, Father maintains that the summer schedule has worked wcll and thc child wishes to continue this schedule. Father will cooperate with a custody evaluation, but will only pay his portion of the cost if so ordered by thc court. 5, Mother's position on custody is as follows: Mother seeks sharcd legal custody and primary physical custody with Father having the previous sehooltime schedulc of Wedncsday to Friday one weck and Wedncsday to Sunday the following week. Mothcr indicates that this is the schedulc thc child dcsires, so he can ride the bus 1'1'4";;-' )t~ );1 :... I") ~r. ....-J ~;: (''';J I.I/i ~, { i , , '/": 1'- 1...'_ r :. J " , I;". - (fll,l. {7.!Lt 1,- Pl.: r.,) G L1. I..AI \ C . 0 '~..j t) ''I SANDY LEE MYERS, AIKIA SANDY LEE VIORAL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 97-6915 CIVIL ACTION LAW ERIC VIORAL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, December 20, 2004 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 04, 2005 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 existinl~ Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearine. FOR THE COURT. By: /s/ facqueline M Venu'v, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ ~ fp ~ ~ 4?; A?- Jer:./ ~ :f- ~ ~IL, ..ho-/e.r; ~~~40,PJ l1CJ,/e-'t.1 ~ 1 -', ,-~ , " '::~):J Ie :71/ 11,-' I:,',' '-".:':-','], h-.~O, ___..,..,l J ,-t~. f... ......._.d. ~"",Jv , ':,:, ,.' ",- -~ -' ~ ,) L ::.'~: '..-.\- '-;:._~ -;' ' ~ ~. .~,." ,i SANDY LEE MYERS, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW ERIC VIORAL, Defendant/Petitioner NO. 97-6915 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of , 2004, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Jacqueline M. Verney. Esquire, the conciliator, at 4th Floor. Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, on Tuesday, the :!~ day of January, 2005, at 10:30 o'clock ~.m., 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. BY THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is n:quired by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue CARLISLE, P A 17013 (717) 240-3166 SANDY LEE MYERS, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW ERIC VIORAL, Defendant/Petitioner : NO. 97-6915 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION OJF CUSTODY AND NOW, comes Petitioner, Eric Vioral, by and through his legal counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates petitions the Court as follows: 1. Your Petitioner is the above-named Defendant, Eric Vioral, an adult individual currently residing at 3470 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Plaintiff, Sandy Lee Myers, an adult individual currently residing at 425 Steelstown Road, Newville, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Justin Michael Vioral, born October 24, 1994. 4. The relationship of the Petition to the child is that of natural father and the relationship of the Respondent to the child is that of natural mother. 5. The parties are subject to an Order of Court dated June 22, 1998, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 6. Since the entry of the aforementioned Order, the child at issue has continued to reside with the parties at their respective residences for various periods of time, all of which residences have been in Cumberland County, Penn8ylvania; therefore, the Court of Common Pleas of Cumberland County, Pennsylvania continues to have jurisdiction over the issue of custody of the child. 7. The parties' circumstances have changed such that it is in the best interest and permanent welfare of the child to have entered a shared physical custody Order providing for Petitioner and Respondent to share physical custody of the child on a shared arrangement and for the parties to continue slurred legal custody of the child. WHEREFORE, Petitioner requests your Honorable Court to vacate its prior Order of June 22, 1998, and enter an Order providing the parties with shared physical custody. Respectfully submitted, , L. . Ie, Esquire orney for, efend'antlPetitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: iZ-/I-oij ~~~~~~ ERIC VIORAL, Defendant/Petitioner SANDY LEE MYERS, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ERIC VIORAL, DefendantlPetitioner : NO. 97-6915 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICQE 1217"/ I, Bradley L. Griffie, Esquire, hereby certify that I did, the p day of December, 2004, cause a copy of DefendantlPetitioner's Petition for Modification of Custody to be served upon Plaintiff/Respondent's counsel of record by first class mail at the following addresses: Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, P A 17013 DATE: /;2.--J,S j 01 . Griffie, Esquire v ey for Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 '. ~~UN J H'19% SANDY VIORAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-6915 CIVIL TERM ERIC VIORAL, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this ~~ .~ day of June, 1998, upon presentation of a Stipulation signed by the parties in the above captioned matter, it is hereby ordered and directed as follows: 1. The Plaintiff, Sandy Vioral and the Defendant, Eric Vioral will share legal custody of their son, Justin Michael Vioral, born October 24, 1994. 2. The Plaintiff, Sandy Vioral will enjoy primary physical custody of her son, 3. The Defendant, Eric Vioral, will enjoy partial custody of his son as follows: a. Every other week from 6:30p.m. on Wednesday evening until 6:30p.m. on Sunday evening. b. Every Father's Day. 4. The Plaintiff, Sandy Vioral, will enjoy primary physical custody every Mother's Day. This provision will supersede any other provision in this Stipulation. 5. The parties will share Christmas as follows: a. Mother will have her son every Christmas Eve from 4:00p.m. until every Christmas Day at 4:00p.m. b. Father will have his son every Christmas Day from 4:00p.m. until EXHIBIT December 26 at 4:00p.m. j f\ 6. The parties will to alternate all other holidays. 7. This Court will retain jurisdiction over this matter. BY THE COURT /Sj &.1v,-~~1rL c' . ~:v,-d...- E:dv..;fl~d ~ G v ~d(:, J. TRUE COpy FROM RECORD In T ( :;1 ;nc,-t':'J "'.iI ,u;f, ( h.-:r(: un to ,;,~1 my hand and 1 hJ seal oj- ~G: d COUll at Carlisle, Pa, . ?.A ~;).. - 19 9d' This ..,d,J"........ day Of......~wr.~., . ........ _._..~~~.,p~:;:':i:;....._. . SANDY VI ORAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 9Y-6E115 CIVIL TERM ERIC VI ORAL, Defendant CIVIL ACTION - CUSTODY STIPULATION AND NOW, comes the Plaintiff, Sandy Vioral and the Defendant, Eric Vioral and agrees as follows: 1. The Plaintiff, Sandy Vi oral and the Defendant, Eric Vioral will share legal custody of their son, Justin Michael Vioral, born October 24, 1994. 2. The Plaintiff, Sandy Vioral will enjoy primary physical custody of her son and the Defendant, Eric Vioral will enjoy partial custody of his son as follows: a. Every other week from 6:30p.m. em Wednesday evening until 6:30p.m. on Sunday evening, b. Every Father's Day. 3. Mother will enjoy primary custody every Mother's Day. This provision will supersede any other provision in this Stipulation. 4. The parties will share Christmas as follows: a. Mother will have her son every Christmas Eve from 4:00p.m. until every Christmas Day at 4:00p.m. b. Father will have his son every Christmas Day from 4:00p.m. until ;. 5. The parties will continue to alternate all other holidays. 6. The parties agree that this Stipulation will become an Order of Court which will request that jurisdiction shall remain in the Court of Common Pleas of Cumberland County, Pennsylvania. &-/;-9f" Date . /. / . : . //j ! {JCii'l L(j~~J,/ttfc;} 'wi~ness I I t - //- <Po Date ..... '" "!J';} ~1JJ $n_(L>>! ~ Sandy I ral Plaintiff/Mother f2u .~ / /'/ . .' f.,?&ru.Y Eric Vioral . Defendant/Father ~ t'." ~ ,...~ .) I" "1 , 1 ~ . ,i t" I <. ; I, , J ---- -Jj -' " I '. .~ -,- ~f\ - , I r- ' ' ' .. .- .~~, -.-- "- 1;\ (.II }.., 0(')' ~ .c., ...1\ ci )v ..(\ -..1\ 0 \ {i'R1:F:FI'E & AsSOCIAT'ES Attorneys and Counselors at Lmll Robin J. Gosborn Office Manager 200 Nortb Hanover Street Carlisle, PA 17013 (717) 243-5551 Bradley L. Griffie, Esquire Marylou Matas, Esquire Brian C. Bornman, Esquire Hannah Herman-Snyder, Esquire Reply to: Carlisle 100 Lincoln Way Eat, Suite D Cbambersburg, PA 17201 (717) 267-1350 (800) 347-5552 FaI(717)243-S063 December 15,2004 Taryn N. Di Court A .. strator Cumber! d County Courthouse One C ouse Square Carr e, PA 17013 ~ :.r.-l L RE: Myers vs. Vioral No. 97-6915 Dear Ms. Dixon: The above-captioned matter is already scheduled for a conciliation conference with Jacqueline Verney on the date indicated on the attached Conciliation Order. I am filing the within Petition for Modification on behalf of my client so that his issues can be raised in these proceedings. Weare simply looking for endorsement of this Order to confirm that the issues he is raising on his request for modification will be heard at the same: time as the conciliation that has been scheduled based upon Ms. Myers' Petition for Modification. This should not be an issue and we are simply asking that these documents be endorsed to confirm the conciliation on the same date. Should you have any questions, please feel free to contact me. Your attention and courtesy is appreciated. BLG/msk Enclosures Cc: Galen R. Waltz, Esquire Eric Vioral JAN 0 5 2005 [ SANDY LEE MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 1997-6915 CIVIL TERM ERIC VIORAL, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this t,,~ day of consideration of the attached Custody Co follows: , 2005, upon liation Report, it is ordered and directed as 1. and effect. The prior Order of Court dated June 22, 1998 shall remain in full force 2. The Conciliation Conference is hereby continued until Tuesday, March 8, 2005 at 8:30 a.m. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, J. cc: Galen R. Waltz, Esquire, counsel for Mother Bradley 1. Griffie, Esquire, counsel for Father .. 'd ~.,,\'I ! \\ \8> Ii < J, (~ 11~1~"':-;': ;,', ",..~; ,..:'.~.'trf"'\ 1\..1..1"; ,'-.i..i I.....: :i.i:)"\,('lI tv ss ~O\ ~r~ 9- N~r ~~~~ ~'ci\j iCNO\-\:.',JJcl jKl ::10 3J\j:lO-G:H',j JAN 0 5 2005 f SANDY LEE MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 1997-6915 CIVIL TERM ERIC VIORAL, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Michael Vioral October 24, 1994 Mother 2. A Conciliation Conference was held in this matter on January 4,2005 with the following individuals in attendance: Mother, Sandra Lee Myers, with her counsel, Galen R. Waltz, Esquire, and Father, Eric Vioral, with his counsel, Bradley L. Griffie, Esquire. 3. The Honorable Edward E. Guido entered a prior Order of Court dated June 22, 1998, providing for shared legal custody with Mother having primary physical custody and Father having partial physical. 4. The parties agreed to the entry of an Order in the form as attached. 1- if-~5: Date 1 { <--f Iii, UI'~~ <' ac eline M. V<~rney, Esquire d Custody Conciliator c:... R'=Cc:'.,..-:" ,ra ,. r. ''1M \-. 1...1 I .....J ~/,-I ... Q ~iJ\.iJ f' SANDY LEE MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ERIC VIORAL, Defendant : NO. 1997-6915 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this _" ~ day of ~_, 2005, upon consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: ,/ I. A Hearing is scheduled in Court R~o.l!!.. No. 5 , of the Cumberland County Court House, on the ~ day of f) ~ , 2005, at g-:3 C> I o'c1ock,~. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of th.: anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated March 10, 2005 is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Eric Vioral, and the Mother, Sandy Lee Myers shall have shared legal custody of Justin Michael Vioral, born October 24, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 4. Mother shall have primary physical custody of the child. 5. Father shall have the following periods of partial physical custody of the child: A. During the school year, on an alternating w.:ek schedule, Wednesday after school to Friday after school. B. On the alternating week, Wednesday from after school to Sunday at 5:00 p.m. 6. During the summer, the parties shall share physical custody of the child on a week on/week off schedule. 7. Thanksgiving shall be shared such that Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. Father shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. 8. Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 4:00 p.m. to Christmas Day at 4:00 p.m.. Block B shall be from Christmas Day at 4:00 p.m. to December 26 at 4:00 p.m.. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 9. The parties shall cooperate with a custody evaluation. The Custody Evaluator shall be selected by Mother, who shall pay for the entire cost Mother reserves the right to ask the Court to apportion the cost of the custody evaluation. 10. Transportation shall be shared such that the f{~ceiving party shall transport. Father or his designee shall be responsible for transporting the child to and from school during his periods of physical custody. 11. Mother shall have physical custody of the child on Mother's Day. Father shall have physical custody of the child on Father's Day. 12. The parties shall alternate all other holidays not otherwise specified in this Order. 13. The parties may modifY this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, J. cc~adley L. Griffie, Esquire, counsel for Father ~en R. Waltz, Esquire, counsel for Mother ..J . .\..LNr'~, L lJ :5 H~ L - ellS SDUl Ai::Nl.O:Li::.f)c:d 3Hl :10 3:Jf~L~:c>c:nl:l Re'CE'''::;) c~o " B "Mt ... , I '- .....'-1 .... ..UlJJ f' SANDY LEE MYERS, PlaintiffIRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ERIC VIORAL, DefendantIPetitioner : NO. 1997-6915 CIVIL TERM : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Michael Vioral October 24, 1994 Mother 2. A Conciliation Conference was held September 1, 2005 with the following individuals in attendance: The Father, Eric Vioral, with his counsel, Bradley L. Griffie, Esquire, and the Mother, Sandy Lee Myers, with her counsel, Galen R. Waltz, Esquire. 3. The Court previously entered an Order on March 10, 2005 providing for shared legal custody, Mother having primary physical custody and Father having 6 overnights out of 14 during the school year, with a week on/week off schedule for the summer. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off basis. Father maintains that the summer schedule has worked well and the child wishes to continue this schedule. Father will cooperate with a custody evaluation, but will only pay his portion of the cost if so ordered by the court. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having the previous school time schedule of Wednesday to Friday one week and Wednesday to Sunday the following week. Mother indicates that this is the schedule the child desires, so he can ride the bus more frequently. Mother is willing to continue week on/we,ek off for the summer. Mother wishes to have a custody evaluation performed, with the court apportioning the cost of said evaluation. 6. The parties agree that the child should continue to attend school at Mother's home district of Big Springs. Both parents have enrolled the child in a football program and insist that he continue in their respective programs. Football should be concluded by the time of the hearing. 7. The Conciliator recommends an Order in the, form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having six (6) overnights out of fourteen (14). It is expected that the Hearing will require one day. q-.;;. -oS- Date b-'" L~ It, t{~/ acq line M. Verney, Esquire Custody Conciliator Sandy Lee Myers Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97-16915 CIVIL TERM Eric Vioral Defendant : CIVIL ACTION - CUSTODY MOTION FOR CONTINUANCE 1. Movant is Sandy Lee Myers, an adult individual, currently residing at 425 Steelstown Road, Newville, Pennsylvania 17241. 2. Respondent is Eric Vioral, an adult individual, currently residing at 3470 Wagoners Gap Road, Carlisle, Pennsylvania 17013. 3. The Movant filed a Modification for Custody on October 18,2004. 4. Respondent filed a Petition for Modification of Custody on December 17, 2004. 5. Both Modifications of Custody sought to change the June 22, 1998 Stipulation Order (Exhibit 1 attached hereto and fully incorporated herein) 6. Subsequently, Conciliator Jacqueline M. Verney was appointed and Conciliation Conferences took place as well as Order of Courts leading to the most recent Order of Court of SeptElmber 6, 2005 which scheduled a Hearing in this matter for October 21, 2005 at 8:30am (Exhibit 2 attached hereto and fully incorporated herein). 7. By letter of September 12, 2005 Attornl3Y Bradley L. Griffie who represents the Respondent in this matter, provided a letter to the Honorable Judge Guido advising that Attorney Griffie will be unavailable for the October 21, 2005, 8:30am Custody Hearing and requested that hearing be rescheduled to a later date (Exhibit 3 attached herein and incorporated herein.) 8. The Movant's attorney provided a letter dated September 15, 2005 to the Honorable Judge Guido concurring in the rescheduling of the October 21, 2005 hearing (Exhibit 4 attached herein and incorporated herein). . ~ 9. Pursuant to the September 6, 2005 controlling order, "the parties shall cooperate with a Custody Evaluation." (Paragraph 9 of exhibit 2) 10. The Movant has scheduled her sessions with the Custody Evaluator, Dr. Stanley Schneider 11. The Custody Evaluation was projected to conclude around the end of December 2005. Therefore, Movant requests this Honorable Court to continue the October 21, 2005 hearing generally pending notification to the Court of the conclusion of Dr. Stanley Schneider's Custody Evaluation. ID~ll'J~ Date ' REispec C=:;lro Law ces Galen R. Waltz quire 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 (~'iJ\m .I 8 il)::<t SANDY VI ORAL, Plaintiff . IN THE COURT OF COMMON PLEAS . CUMBERU\ND COUNTY, PENNSYLVANIA v. NO. 97-6915 CIVIL TERM ERIC VIORAL, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this ;;1.).,0- day of June, 1998, upon presentation of a Stipulation signed by the parties in the above captioned matter, it is hereby ordered and directed as follows: 1. The Plaintiff, Sandy Vieral and the Defendant, Eric Vieral will share legal custody of their son, Justin Michael Vioral, born October 24, 1994. 2. The Plaintiff, Sandy Vioral will enjoy primary physical custody of her son. 3. The Defendant, Eric Vioral, will enjoy partial custody of his son as follows: a. Every other week from 6.30p.m. on Wednesday evening until 6:30p.m. on Sunday evening. b. Every Father's Day. 4. The Plaintiff, Sandy Vioral, will enjoy primary physical custody every Mother's Day. This provision will supersede any other provision in this Stipulation. 5. The parties will share Christmas as follows: a. Mother will have her son every Christmas Eve from 4:00p.m. until every Christmas Day at 4.00p.m. b. December 26 at 4.00p.m. 6. The parties will to alternate all other holidays. 7. This Court will retam jurisdiction over this matter. BY THE COURT /::;1 &.1..-,~... ".,{.. E:Jv.JA~d l' '-"\') C ~,,,(..ctt..- f. G lJ ,~" J. nUE COF'y rr..O!'f'i RECORD In T(!'+'"J,.,r/"j ''''~\' ~i'-'-'- t, I',.:,r!l U!.I!IJ s,:;1' m\/ hand I .." \ .'.~ I. . . I ,,'.J I, I "'" I and '1110 ti8ai of ~6.:d Coull a1 CarJLsiel Pa. . -I?..A f ,.,~ - 19 96 TIllS ...."d...... day 0 ...... .' r.,",,;:" ......., '-'&'b..' ~ (1.. - A-.-' '" '6 . .....,~.Lb!'............._. ._........... . wW< :0"___"'__'. ~,., .z::,f-1;j. . Prothonotary "' . SANDY VI ORAL, Plaintiff . IN THE COURT OF COMMON PLEAS . CUMBERU\ND COUNTY, PENNSYLVANIA v. NO. 97-6915 CIVIL TERM ERIC VI ORAL, Defendant CIVIL ACTION - CUSTODY STIPULATION AND NOW, comes the Plaintiff, Sandy Vioral and the Defendant, Eric Vi oral and agrees as follows. 1. The Plaintiff, Sandy Vioral and the Defendant, Eric Vioral will share legal custody of their son, Justin Michael Vioral, born OctDber 24, 1994. 2. The Plaintiff, Sandy Vioral will enjoy primary physical custody of her son and the Defendant, Eric Vioral will enjoy partial custody of his son as follows: a. Every other week from 6:30p.m. on Wednesday evening until 6:30p.m, on Sunday evening. b. Every Father's Day. 3, Mother will enjoy primary custody every Mother's Day. This provision will supersede any other provision in this Stipulation. 4. The parties will share Christmas as follows: a, Mother will have her son every Christmas Eve from 4:00p.m. until every Christmas Day at 4:00p.m. b. Father will have his son every Christmas Day from 4:00p.m. until c " 5. The parties will continue to alternate all other holidays. 6. The parties agree that this Stipulation will become an Order of Court which will request that jurisdiction shall remain in the Court of Common Pleas of Cumberland County, Pennsylvania. &-/!-9( Date /.- ; /l) i )111'1 Witness I Cl/V;/J.Llt.-0: I I I' ~ n' jJ ....~>v4( {f 1.(.)<('4 'J Sandy '{.'Jral Plaintiff/Mother (~- //- 95 Date I . . " / /," I/'/ , U" '--/:1' I .-.." ::,"". ,".., YI d,;/j.P -I.(/~/u/Iy(' / (Witness ' ' . gl ;:/(/eY Eric Vioral . Defendant/Father ... '- > R"CE"::-l'CrO ~ i I ......; ~/L..l ~ 6 :aas ~(fI SANDY LEE MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ERIC VIORAL, Defendant : NO. 1997-6915 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this _19 ~ day of ~ ,2005, upon consideration of the attached Custody Conciliation Report" it is ordered and directed as follows: ./ 1. A Hearing is scheduled in Court R?OENo. 5 , of the Cumberland County Court House, on the ~I<day of () ~ ,2005, at ~'3 D I o'clock,~. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the: anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated March 10, 2005 is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Eric Vioral, and the Mother, Sandy Lee Myers shall have shared legal custody of Justin Michael Vioral, born October 24,1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 4. Mother shall have primary physical custody of the child. 5. Father shall have the following periods of partial physical custody of the child: A. During the school year, on an alternating week schedule, Wednesday after school to Friday after school. B. On the alternating week, Wednesday from after school to Sunday at 5:00 p.m. 6. During the summer, the parties shall share physical custody of the child on a week on/week off schedule. 7. Thanksgiving shall be shared such that Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. Father shall have physical custody ofthe child from 3:00 p.m. to 9:00 p.m. 8. Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 4:00 p.m. to Christmas Day at 4:00 p.m.. Block B shall be from Christmas Day at 4:00 p.m. to December 26 at 4:00 p.m.. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. 9. The parties shall cooperate with a custody evaluation. The Custody Evaluator shall be selected by Mother, who shall pay for the entire cost Mother reserves the right to ask the Court to apportion the cost of the custody evaluation. 10. Transportation shall be shared such that th<, receiving party shall transport. Father or his designee shall be responsible for transporting the child to and from school during his periods of physical custody. 11. Mother shall have physical custody of the l;hild on Mother's Day. Father shall have physical custody of the child on Father's Day. 12. The parties shall alternate all other holidays not otherwise specified in this Order. 13. The parties may modifY this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, J. cc: Bradley L. Griffie, Esquire, counsel for Father Galen R. Waltz, Esquire, counsel for Mother ~~_~~~,~~:{~.,~A"}r~'J,~,," ~"-:i"~~,:<_::;:.:!~:,~~~ .':.<~'~~:;: ~~; ~~ . ". ',,,.... 'iZ,~,.,., ~,~l<j '..' \~'" \ii,;~,~<< '~lii ~'if ~~... ~-,~~'* .<: . ~;. '1It' ,iil;1oi, . . ',: ',... ...._".1'j .'1 '" t..-. _ SANDY LEE MYERS, Plaintiff/Respondent Rrr~_-::-;:".~"" ", '-, t.I""I"1'" , ~. l-I, :.. ~ ,',_:' " " .Je.3 yJlI/I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW ERIC VIORAL, DefendantlPetitioner : NO. 1997-6915 CIVIL TERM : IN CUSTODY PRIOR nJDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Michael Vioral October 24, 1994 Mother 2. A Conciliation Conference was held September 1,2005 with the following individuals in attendance: The Father, Eric Vioral, with his counsel, Bradley L. Griffie, Esquire, and the Mother, Sandy Lee Myers, with her counsel, Galen R. Waltz, Esquire. 3. The Court previously entered an Order on March 10,2005 providing for shared legal custody, Mother having primary physical custody and Father having 6 overnights out of 14 during the school year, with a week on/week off schedule for the summer. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off basis. Father maintains that the summer schedule has worked well and the child wishes to continue this schedule. Father will cooperate with a custody evaluation, but will only pay his portion of the cost if so ordered by the court. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having the previous school time schedule of Wednesday to Friday one week and Wednesday to Sunday the following week. Mother indicates that this is the schedule the child desires, so he can ride the bus more frequently. Mother is willing to continue week on/week off for the summer. Mother wishes to have a custody evaluation performed, with the court apportioning the cost of said evaluation. 6. The parties agree that the child should cominue to attend school at Mother's home district of Big Springs. Both parents have emolled the child in a football program and insist that he continue in their respective programs. Football should be concluded by the time of the hearing. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having six (6) overnights out of fourteen (14). It is expected that the Hearing will require one day. q-;;< -0:;- Date (1, ~L ft, 0.-~/ ~A. Verney, Esquire Custody Conciliator . (jmYYI'E & .JlsSOCI.5lT'ES Attorneys and Counselors at Law Robin J. Goshorn Office Manager 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Bradley L. Griffie, Esquire Hannah Herman-Snyder, Esquire 100 Lincoln Way East, Suite D Chambers burg, P A 17201 (717) 267-1350 Reply to: Carlisle September 12, 2005 (800) 347-5552 Fax (717) 243-5063 The Honorable Edward E. Guido 4th Floor, Judges' Chambers Cmnberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 RE: Myers vs. Vioral No. 1997-6915 Dear Judge Guido: A hearing has been scheduled in the above captioned matter, which I represent Eric Vioral, for Friday, October 21, 2005, to begin at 8:30 a.m. I will be taking part in the bi-annual Franklin County Bench Bar Conference on that day and will be unavailable. I respectfully request that this matter be rescheduled to a later date. Opposing counsel is Galen Waltz, Esquire. My staff will gladly assist your secretary in rescheduling this matter to a time convenient for all concerned. I have enclosed a proposed Order for your use. Your courtesy is appreciated. BLG/rjg Cc: Airic Vioral / Galen R. Waltz, Esquire RON TURO, Esquire GALEN R. WALTZ, Esquire JAMES M ROBINSON, Esquire RICHARD D, KOCH, Esquire' MICHAEL M. JEROMINSKI, Esquire MICHAEL R. SMITH, Esquire www.TuroLaw.com TUfo Law Offices 28 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 'Also Admitted in Maryland September 15, 2005 FILE COpy The Honorable Edward E. Guido 4th Floor, Judges' Chambers Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Myers vs. Vioral No. 1997-6915 Dear Judge Guido: - I represent Sandy Lee Myers in the above captioned matter. A hearing has been scheduled for Friday, October 21, 2005, to begin at 8:30 a.m. I am in receipt of Attorney Griffie's letter concerning the rescheduling of this hearing. I concur that a continuance is desired. Furthermore, in order to secure a date for the hearing that may be more certain I would like to advise that the custody evaluation referred to in your September 6, 2005 Order of Court (Paragraph 9) is being initiated in early October with Dr. Stanley Schneider. The process is projected to conclude around the end of December according to Dr. Schneider's staff. I hope that this information may be of assistance in rescheduling the hearing. C;~ Galen R. Waltz, Eire Gwaltz@turolaw.com c.c. Bradley L.. Griffie "1'1 CERTIFICATE OF SERVICE I hereby certify that I seNed a true and correct copy of the Motion for Continuance upon Bradley Griffie, by certified return receipt and also depositing same in the United States First Class Mail. Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 TURO U~W OFFICES / ~~. Galen R Waltz, E 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 (J "', ~ ~ ~.~: r.-::;. t:"_""1 = -< C) :--r:11 --I rni'= ITi F.~~ "'~'; -:OJ _.-. 1 f.'.) ~:~~ .. c." r,D en -< SANDY LEE MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ERIC VIORAL, Defendant : NO. 1997-6915 CIVIL TERM : IN CUSTODY AND NOW, this ORDER OF COURT I r.... day of _ ~, 2005, upon request of counsel for Defendant, Eric Vioral, the hearing previously scheduled in this matter for Friday, October 21,2005, at 8:30 a.m. in courtroom nmnber 5 of the Cmnberland County Courthouse, is hereby rescheduled for f'/t~_, the o-l~ day of ~ ~, 2005", at ~: 3D o'clock, ~.rn., in Courtroom No.5 of the Cmnberland County Courthouse, Carlisle, Pennsylvania. All other provision of our Order of September 6, 2005 originally scheduling this matter shall remain in Edward E. Guido, Judge ;, i, 1\ {~ "0"' ~. .~ ""~'fC) I "J <) - _1..~l'J '.'0' i1:? ZS:8d;I...,__ (j1U:fYI'E & JtsSOCI.JlT'ES Attorneys and Counselors at Law Robin J. Goshorn Office Manager 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Bradley L. Griffie, Esquire Hannab Herman-Snyder, Esquire Reply to: Carlisle September 12,2005 100 Lincnln Way East, Suit. D Chambershurg, PA 17201 (717) 267-1350 (800) 347-5552 Fax (717) 243-5063 The Honorable Edward E. Guido 4th Floor, Judges' Chambers Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Myers vs. Vioral No. 1997-6915 Dear Judge Guido: A hearing has been scheduled in the above captioned matter, which I represent Eric Vioral, for Friday, October 21,2005, to begin at 8:30 a.m. I will be taking part in the bi-annual Franklin County Bench Bar Conference on that day and will be unavailable. I respectfully request that this matter be rescheduled to a later date. Opposing counsel is Galen Waltz, Esquire. My staff will gladly assist your secretary in rescheduling this matter to a time convenient for all concerned. I have enclosed a proposed Order for your use. Your courtesy is appreciated. ly yours, BLGlrjg Cc: Eric Vioral Galen R. Waltz, Esquire II ! Sandy Lee Myers Plaintiff RECEIVED OCT 11100~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97-6915 CIVIL TERM Eric Vioral Defendant : CIVIL ACTION - CUSTODY Order And now, this I ~~ day of 0 ~ 2005, after reviewing the Motion for Continuance, the Qellll: [l4J, 2005 8:30am hearing is continued generally until counsel advises the co~R '61 mls"~mpletion of the Custody Evaluation. Either Counsel may reschedule the Custody Hearing upon completion of the Custody Evaluation. /'BYTh~~rt, ~...."... ~~.. .. ""<7 J. Edward E. Guido c.cvBfadley Griffie, Esquire ./dalen R Waltz, Esquire ~ ~ ~c? \O~l/'" FJJ';~:, GS:\ !.k\ ? \ 1"", t:P\\7 (. oxJ .u,v II Sandy Lee Myers Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97-6915 CIVIL TERM Eric Vioral Defendant : CIVIL ACTION - CUSTODY MOTION FOR CONTINUANCE 1. Movant is Sandy Lee Myers, an adult individual, currently residing at 425 Steelstown Road, Newville, Pennsylvania 17241. 2. Respondent is Eric Vioral, an adult individual, currently residing at 3470 Wagoners Gap Road, Carlisle, Pennsylvania 17013. 3. The Movant filed a Modification for Custody on October 18,2004. 4. Respondent filed a Petition for Modification of Custody on December 17, 2004. 5. Both Modifications of Custody sought to change the June 22, 1998 Stipulation Order (Exhibit 1 attached hereto and fully incorporated herein) 6. Subsequently, Conciliator Jacqueline M. Verney was appointed and Conciliation Conferences took place as well as Order of Courts leading to the most recent Order of Court of September 6, 2005 which scheduled a Hearing in this matter for October 21, 2005 at 8:30am (Exhibit 2 attached hereto and fully incorporated herein). 7. By letter of September 12, 2005 Attorney Bradley L. Griffie who represents the Respondent in this matter, provided a letter to the Honorable Judge Guido advising that Attorney Griffie will be unavailable for the October 21,2005, 8:30am Custody Hearing and requested that hearing be rescheduled to a later date (Exhibit 3 attached herein and incorporated herein.) 8. The Movant's attorney provided a letter dated September 15, 2005 to the Honorable Judge Guido concurring in the rescheduling of the October 21, 2005 hearing (Exhibit 4 attached herein and incorporated herein). I' II , 9. Pursuant to the September 6, 2005 controlling order, "the parties shall cooperate with a Custody Evaluation." (Paragraph 9 of exhibit 2) 10. The Movant has scheduled her sessions with the Custody Evaluator, Dr. Stanley Schneider 11. The Custody Evaluation was projected to conclude around the end of December 2005. Therefore, Movant requests this Honorable Court to continue the October 21, 2005 hearing generally pending notification to the Court of the conclusion of Dr. Stanley Schneider's Custody Evaluation. ID;:' )6.'>- Date . .' '\ ('!:-'J li\1H J stem (j SANDY VIORAL, Plaintiff . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 97-6915 CIVIL TERM ERIC VIORAL, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this ::uo0- day of June, 1998, upon presentation of a Stipulation signed by the parties in the above captioned matter, it is hereby ordered and directed as follows: 1. The Plaintiff, Sandy Vioral and the Defendant, Eric Vioral will share legal custody of their son, Justin Michael Viora!, born October 24, 1994. 2. The Plaintiff, Sandy Vioral will enjoy primary physical custody of her son. 3. The Defendant, Eric Vioral, will enjoy partial custody of his son as follows: a. Every other week from 6:30p,m. on Wednesday evening until 6:30p.m. on Sunday evening. b. Every Father's Day. 4, The Plaintiff, Sandy Vioral, will enjoy primary physical custody every Mother's Day. This provision will supersede any other provision in this Stipulation. 5. The parties will share Christmas as follows: a, Mother will have her son every Christmas Eve from 4:00p,m, until every Christmas Day at 4:00p.m, b. Father will have his son everv Christm"s Day from 4:00p,m. until EXHIBIT 1 I December 26 at 4:00p.m. 6, The parties will to alternate all other holidays. 7. This Court will retain jUrisdiction over this matter. BY THE COURT /:;/ t.)o,~" ,-,{.,}' ,,:+,:"c,L- t::J",!Ao::d Eo C;u ,de J, Tr.UE COry FROI.}. RECORD In ,.,..-.I.."J.-"..-.\, ....;'l'-~r'.,' I' I,.-.rn lP"jlrJ s:;1" m\/ hand I.." , :":1." '. I "..' I '.-',..' -, ,. J Clnd 1112 s8al 0+ ~G;d Couri at Carlisie, Pa. Thisd.:?.o'! day OLp;~'r."'--,' 195~ . nl10 < Q IL" ~6 0.. "PPP.,-i','.Lni',f,,-:........__ ......'h....~t.I,.......... 1..--..... 'v'" 1::/pJ;;. ,Prothonotary , . SANDY VI ORAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENhlSYLVANIA v, NO, 97-6915 CIVIL TERM ERIC VIORAL, Defendant CIVIL ACTION - CUSTODY STIPULATION AND NOW, comes the Plaintiff, Sandy Vioral and the Defendant, Eric Vioral and agrees as follows: 1. The Plaintiff, Sandy Vioral and the Defendant, Eric Vioral will share legal custody of their son, Justin Michael Vioral, born October 24, 1994. 2, The Plaintiff, Sandy Viora! will enjoy primary physical custody of her son and the Defendant, Eric Viora! will enjoy partial custody of his son as follows: a. Every other week from 6:30p.m. on Wednesday evening until 6:30p.m. on Sunday evening. b. Every Father's Day. 3, Mother will enjoy primary custody every Mother's Day, This provision will supersede any other provision in this Stipulation. 4. The parties will share Christmas as follows: a. Mother will have her son every Christmas Eve from 4:00p.m, until every Christmas Day at 4:00p.m. b. Father will have his son every Christmas Day from 4:00p,m, until <' " 5. The parties will continue to alternate all other holidays. 6, The parties agree that this Stipulation will become an Order of Court which will request that jurisdiction shall remain in the Court of Common Pleas of Cumberland County, Pennsylvania, &-//~9t Date / ' L'" ..' . l' _.r ". ' , ,. / II "UI I ((//;/.I.l[0: I Witness r I /. I (~- /1- {-,/-j" Date 'l/;r, / . i', .. -j/ Ii (j , . ,] _ ._ _'. ~, ,.-c , / U ,I .///! -l(/i/ctlUt7 I /"'litness I' I .... ...~,~( :l!J~~a jJ Sandy Y~ral Plaintiff/Mother ill rh<J Eric Vioral . Defendant/Father " R"CE,\I-C; [Cn r I< "QrS ... . i , :.. '" "~( v C " U ~(f'\ SANDY LEE MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ERICVIORAL, Defendant : NO. 1997-6915 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this jp ~ day of ~ ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: / 1. A Hearing is scheduled in Court R?o~ No. 5 , of the Cmnberland County Court House, on the ~ ''''day of i) ~ ,2005, at ~'3 C> I o'clock,~. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandmn setting forth each party's position on custody, a list of witnesses who will be expected to testifY at the Hearing and a smnmary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated March 10, 2005 is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Eric Vioral, and the Mother, Sandy Lee Myers shall have shared legal custody of Justin Michael Vioral, born October 24, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 4. Mother shall have primary physical custody of the child. 5. Father shall have the following periods of partial physical custody of the child: A. During the school year, on an alternating week schedule, Wednesday after school to Friday after school. B. On the alternating week, Wednesday from after school to Sunday at 5:00 p.m. EXHIBIT I J 6. During the smnmer, the parties shall share physical custody of the child on a week on/week off schedule. 7. Thanksgiving shall be shared such that Mother shall have physical custody of the child from 9:00 a.m. to 3:00 p.m. Father shall have physical custody of the child from 3:00 p.m. to 9:00 p.m. 8. Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 4:00 p.m. to Christmas Day at 4:00 p.m.. Block B shall be from Christmas Day at 4:00 p.m. to December 26 at 4:00 p.m.. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even nmnbered years and Block B in odd numbered years. 9. The parties shall cooperate with a custody evaluation. The Custody Evaluator shall be selected by Mother, who shall pay for the entire cost Mother reserves the right to ask the Court to apportion the cost of the custody evaluation. 10. Transportation shall be shared such that the receiving party shall transport, Father or his designee shall be responsible for transporting the child to and from school during his periods of physical custody. 11. Mother shall have physical custody of the child on Mother's Day. Father shall have physical custody of the child on Father's Day. 12. The parties shall alternate all other holidays not otherwise specified in this Order. 13. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, 1. cc: Bradley L Griffie, Esquire, counsel for Father Galen R. Waltz, Esquire, counsel for Mother y ~,.IIf'\{;::''-''';: '~;;-Jt\l ~'~''';,- ,',',J;"".:;:-:t,c"t!>., oil ' ~~..J'""",- ".A~"'Oi' , ~ti;> ; ",",' ,:'c:.~~_l- ~;->;,\;-~~;Z;lli:,1P.:t "'<~~'t;':.:1', )IV" ;r;X:-: R Cr ':,~- ~ ': " -::- ;' , f _ ...., \... J~_ ,_ '..., t, t-'lr~1 ", 11/I y) SANDY LEE MYERS, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW ERIC VIORAL, DefendantlPetitioner : NO. 1997-6915 CIVIL TERM : IN CUSTODY PRIOR mDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justin Michael Vi oral October 24, 1994 Mother 2. A Conciliation Conference was held September 1,2005 with the following individuals in attendance: The Father, Eric Vioral, with his counsel, Bradley L. Griffie, Esquire, and the Mother, Sandy Lee Myers, with her counsel, Galen R. Waltz, Esquire. 3. The Court previously entered an Order on March 10,2005 providing for shared legal custody, Mother having primary physical custody and Father having 6 overnights out of 14 during the school year, with a week on/week off schedule for the summer. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off basis. Father maintains that the summer schedule has worked well and the child wishes to continue this schedule. Father will cooperate with a custody evaluation, but will only pay his portion of the cost if so ordered by the court. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having the previous school time schedule of Wednesday to Friday one week and Wednesday to Sunday the following week. Mother indicates that this is the schedule the child desires, so he can ride the bus more frequently. Mother is willing to continue week on/week off for the summer. Mother wishes to have a custody evaluation performed, with the court apportioning the cost of said evaluation. 6. The parties agree that the child should continue to attend school at Mother's home district of Big Springs. Both parents have emolled the child in a football program and insist that he continue in their respective programs. Football should be concluded by the time of the hearing. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having six (6) overnights out offourteen (14). It is expected that the Hearing will require one day. q-;;< -0:;- Date ~0'~ f(. 0..~/ acq line M. Verney, Esquire Custody Conciliator '(jmYYI'E & 5t5S0CIAT'ES Attorneys and Counselors at Law Robin J. Goshorn Office Manager 200 North Hanover Street Carlislet PA 17013 (717) 243-5551 Bradley L. Grif:fie, Esquire Hannah Herman-Snyder, Esquire Reply to.' Carlisle September 12, 2005 100 Lincoln Way East, Suite 0 Chamber,burg, PA 17201 (717) 267-1350 (800) 347-5552 Fax (717) 243-5063 The Honorable Edward E. Guido 4th Floor, Judges' Chambers Cmnberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 RE: Myers vs. Vioral No. 1997-6915 Dear Judge Guido: A hearing has been scheduled in the above captioned matter, which I represent Eric Vioral, for Friday, October 21, 2005, to begin at 8 :30 a.m. I will be taking part in the bi-annual Franklin County Bench Bar Conference on that day and will be unavailable. I respectfully request that this matter be rescheduled to a later date. Opposing counsel is Galen Waltz, Esquire. My staff will gladly assist your secretary in rescheduling this matter to a time convenient for all concerned. I have enclosed a proposed Order for your use. Your courtesy is appreciated. BLG/Ijg Cc: Eric Vioral .; Galen R. Waltz, Esquire EXHIBIT I 3 RON TURO, Esquire GALEN R. WALTZ. Esquire JAMES M ROBINSON. Esquire RICHARD D. KOCH, Esquire' MICHAEL M. JEROMINSKI, Esquire MICHAEL R. SMITH, Esquire , 1'Bt wBlI: .;'I."'';~JON www.TuroLaw.com 28 South Pitt Street Carlisle. Pennsylvania 17013 (717) 245.9688 (800) 562.9778 Fax (717) 245.2165 Turo Law Offices 'Also Admitted in Maryland September 15, 2005 FILE COpy The Honorable Edward E, Guido 4th Floor, Judges' Chambers Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Myers vs. Vioral No. 1997-6915 Dear Judge Guido: I represent Sandy Lee Myers in the above captioned matter. A hearing has been scheduled for Friday, October 21,2005, to begin at 8:30 a.m. I am in receipt of Attorney Griffie's letter concerning the rescheduling of this hearing. I concur that a continuance is desired. Furthermore, in order to secure a date for the hearing that may be more certain I would like to advise that the custody evaluation referred to in your September 6, 2005 Order of Court (Paragraph 9) is being initiated in early October with Dr. Stanley Schneider. The process is projected to conclude around the end of December according to Dr. Schneider's staff. I hope that this information may be of assistance in rescheduling the hearing. s~',n,cer , C' . / Galen R. Waltz, Eire Gwaltz@turolaw.com c.c. Bradley L.. Griffie I EXHIBIT L-/ /I CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion for Continuance upon Bradley Griffie, by certified return receipt and also depositing same in the United States First Class Mail. Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 TURO LAW OFFICES Galen R. Waltz, E 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 n "" (.,,:"':;' C.'::> <::..;-., o -n ..... :-;: ,'1 CJ CO) --I -.., f:-? (,. Lri -