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HomeMy WebLinkAbout00-05861AMANDA W. CERO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2000-5861 CIVIL CIVIL ACTION - LAW MICHAEL C. EYER, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this ?/' day of August, 2000, it is directed that the child, Allyson Laura Eyer, born August 1, 1994, shall remain enrolled in the West Creek Elementary School. Physical custody of the child shall remain shared as heretofore pending conciliation. This order is entered without prejudice to the father to more fully litigate the issue with respect to the child's school attendance in York Haven. James J. Kayer, Esquire For the Plaintiff Sherri Eyer, Esquire For the Defendant BY THE COURT, Kevin . Hess, J. :rhn 1'ki4YW4L'irffi .a. ?- -6-Ya3ma`r§ti`cN4Wr '. ?..?.,• ..u.W:?.uvu WEST SHORE SCHOOL DISTRICT SECTION: pupILS \ TITLE: ASSIGNMENT WITHIN DISTRICT ADOPTED: September 17, 1987 REVISED: February 28, 1991 March 16, 1995 May 16, 2002 206. ASSIGNMENT WITHIN DISTRICT 1. Purpose The Board directs that the assignment of students to schools within this District be SC 1310 consistent with proper education of students and the best use of the resources of this District. 2. Authority Attendance areas shall be reviewed by the Board periodically and any necessary changes made. The administration shall be responsible for making recommendations to the Board for changes. 3. Delegation of Grouping for Instruction Responsibility Children can be grouped within a school and within a classroom so that each child may benefit to a greater extent than otherwise possible. Effective grouping must consider its purpose in each case in order to determine the basic difference factors to be minimized in each situation. Grouping should be as flexible as possible with provision for altering the grouping as often as necessary to fit the specific purpose involved. The aim is to place each child among a group of classmates in every situation with whom his or her associations in work and play will be comfortable, yet where he or she will be continually challenged and inspired to work for higher goals within his or her capacity. Students are grouped heterogeneously in elementary schools. Homogeneous grouping for instructional purposes in various subjects such as reading and mathematics is practiced within each classroom. Middle school students in grades six (6), seven (7) and eight (8) are grouped heterogeneously. An attempt is made to produce an equal number of balanced classes. Eighth graders are grouped by ability for math. Student program choices affect the grouping of students at the high school level. With or without special grouping, teachers must make every effort to shape their instruction to accommodate the individual needs of students. Page I of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 2 Assignment to Schools 1. The home senior high school of a single student, regardless of the courses the student has selected, is determined according to the geographical boundaries defined below. 2. A student who elects courses offered solely at one senior high school and lives i the attendance area for the other senior high school will be considered a student of official record at the senior high school serving the area in which he or she resides. Such student may be required to provide his or her own transportation from the home senior high school to the other senior high school for a portion 01 his or her regular instruction. 3. Unless otherwise determined by the Board of School Directors, a student may not participate as a regular, official member of any activity at a senior high school other than his or her own senior high school unless the activity is an integral part of the course elective he or she has selected. A student who boards the bus on any given road will have his or her attendance area determined by the bus stop on the road where that stop is located. L Elementary School Attendance Areas FAIRVIEW/MOUNT ZION - O 1. Beginning in the south at Stony Run and Route 177, proceeding northwesterly along Stony Run to Anderson's Bridge on Lisburn Road. 2. Following the Yellow Breeches Creek to Old Forge Road. 3. East along Old Forge Road to the intersection of Old Stage Road, excluding the Hedgerow development. 4. From the intersection of Old Stage Road and Old Forge Road, excluding Sheepford Road, proceeding west to the Yellow Breeches Creek. 5. North along the Yellow Breeches Creek to the PA Turnpike. 6. East along the PA Turnpike to Lewisberry Road. 7. In a line to the PA Turnpike and Lewisberry Road to the intersection of Springers Lane and Limekiln Road. Page 2 of 14 aft 206. ASSIGNMENT WITHIN DISTRICT - Pg. 3 8. North along Springers Lane to the Yellow Breeches Creek. 9. East along the Yellow Breeches Creek to the Susquehanna River including all o New Market. 10. From the Susquehanna River, west to a point at the most southern end of Umberto Street. 11. Parallel to First Street to Airport Access Road. 12. Along Airport Access Road to Old York Road. 13. South along the east side of Old York Road to Old Depot Road to exclude all of the DDRE. 14. South along Boeing Road to the intersection of Springers Lane and Old York Road. 15. South on Old York Road to the PA Turnpike. 16. West to Steigerwalt Hollow Road to exclude Summit Road on Reeser's Summit and include YMCA Drive Access Road. This includes the development containing YMCA Drive. 17. Following a line southwest from a point .7 of a mile on Steigerwalt Hollow Road to the Goodyear stop on Lewisberry Road. (Students boarding the bus on Crescent Drive attend Fairview and students boarding the bus at Fishing Creek Road and Iron Stone Road attend Fishing Creek. The Crescent Drive bus stop includes all students in the first .7 of a mile on Steigerwalt Hollow Road, beginning at Route 114.) 18. Southwest, along a line parallel to Pott's Hill Road to Old Quaker Road. 19. Following a parallel line which is northwest of Old Quaker Road to Heck Hill Road. 20. Following a parallel line which is west of Heck Hill Road, to the intersection of Lewisberry Road and Old Rossville Road. 21. South on a parallel line which is west of Old Rossville Road to Pinetown Road. 22. Pinetown Road to Stony Run Creek. Page 3 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 4 FISHING CREEK - 1. Beginning in the east at the Susquehanna River. 2. Following the north side of Stillhouse Road to Valley Road. 3. Continuing along the north side of Valley Road, but excluding Valley Road, to Old York Road. 4. South on Old York Road to Wyndamere Road. 5. Along Wyndamere Road to Interstate 83. 6. South on Interstate 83 to Route 392. 7. West on Route 392 past Pott's Hill Road. 8. From a point on Route 392 to the intersection of Ridge Road (Newberry Township = NBT) and Old Quaker Road, which includes all of Ridge Road (NBT). 9. Along Old Quaker Road to Pott's Hill Road, excluding Old Quaker Road, then east to Pleasant View Road. 10. Northwest from Pleasant View Road to Fishing Creek Road and Iron Stone Road, not including Route 262, but including the 759 and Knudsen stops on Fishing Creek Road. 11. Along Iron Stone Road to Steigerwalt Hollow Road. (Students boarding the bus on Crescent Drive attend Fairview and students boarding the bus at Fishing Creek Road and Iron Stone Road attend Fishing Creek. This stop includes all students in the first .6 of a mile on Steigerwalt Hollow Road beginning at the intersection of Iron Stone Road and Steigerwalt Hollow Road.) 12. Along Steigerwalt Hollow Road to a point on Steigerwalt Hollow Road connecting to Route 83 on Reeser's Summit, excluding the development that includes YMCA Drive, Crescent Drive, Vista Circle, and Vista Drive to Route 83. 13. From Route 83 to Old York Road, including Summit Drive and the Hemlock/Evergreen stop, but excluding the northwest section of Reeser's Summit. Page 4 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 5 14. Then follow the boundary of the DDRE. WASHINGTON HEIGHTS - 1. Beginning at the Susquehanna River and the Lemoyne Borough line and proceeding west to Interstate 83. 2. Along Interstate 83 north to the Harrisburg Expressway (581). 3. Along the Harrisburg Expressway (581) to the Camp Hill Borough line. 4. Following the Camp Hill Borough line to the Wormleysburg Borough line 5. Following the Wormleysburg Borough line to the Susquehanna River. This area includes all of Wormleysburg Borough. HIGHLAND - 1. Beginning in the southeast at Interstate 83 and the Pennsylvania Turnpike. 2. West on the Turnpike to Spanglers Mill Road. 3. Spanglers Mill'Road to Lisburn Road. 4. Lisburn Road to Shetter Lane. 5. From the end of Shetter Lane to Route 15. 6. Route 15 north to the Lower Allen Township line. 7. Along Lower Allen Township line to the Harrisburg Expressway (581). 8. Along the Harrisburg Expressway (581) to Interstate 83. HILLSIDE - 1. Beginning in the east at the Susquehanna River. 2. Following the Yellow Breeches Creek to Springers Lane. 3. South on Springers Lane to the intersection of Limekiln Road. w. Page 5 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 6 4. Ina line, proceeding west to the intersection of the Pennsylvania Tumpik, , Lewisberry Road. 5. West along the Pennsylvania Turnpike to Interstate 83. 6. North on Interstate 83 to the New Cumberland Borough line. 7. Along the New Cumberland Borough line to the Susquehanna River. LOWER ALLEN/ROSSMOYNE - 1. Beginning in the southwest, starting at Anderson's Bridge, following the Yellow Breeches Creek to Old Forge Road. 2. East on Old Forge Road beyond Sheepsford Road. 3. Parallel to the east side of Sheepsford Road to the Yellow Breeches Creek. 4. Along the Yellow Breeches Creek to the Pennsylvania Turnpike. 5. Easton the Pennsylvania Turnpike to Spanglers Mill Road. 6. Along Spanglers Milt Road to Lisburn Road. % 7. Lisburn Road to Shetter Lane. 8. From the end of Shetter Lane to the cloverleaf of Route 15. 9. North on Route 15 to the Lower Allen Township line. 10. Following the Lower Allen Township line to Anderson's Bridge. 11. Students boarding the bus on Spanglers Mill Road, Lisburn Road, Shetter Lane, and along Route 15 to the Township Line attend Highland Elementary School. NEWBERRY - 1. Beginning in the south at Conewago Creek and Susquehanna Trail, then West along Conewago Creek to Stony Run. 2. Along Stony Run to Route 177. 3. Along Route 177 to Old Rossville Road. J Page 6 of 14 Alk 206. ASSIGNMENT WITHIN DISTRICT - Pg. 7 4. Old Rossville Road to the intersection of Lewisberry Road. Along Heck Hill Road, including both sides of Heck Hill Road, to Old Quaker Road. 5. Along Old Quaker Road, including both sides of Old Quaker Road, to Ridge Road. 6. From the intersection of Ridge Road and Old Quaker Road to a point on Route 392. 7. East along Route 392 to Interstate 83. South on Interstate 83 to a'point excluding Cartref Road to the comer of Pines Road and Church Road. 9. Ina line parallel to and on the west side of Church Road and Paddletown Road to York Haven Road. 10. In a line parallel to and on the south side of York Haven Road to Long Lane. 11. Long Lane to Grandview Drive. 12. Grandview Drive to Shady Lane. 13. Shady Lane to the Susquehanna Trail. 14. Along the Susquehanna Trail to the Conewago Creek. MILL - 1. Beginning in the southeast, at the Susquehanna River and Goldsboro line. Proceeding west to Cly Road. 2. Along Cly Road to Midway Road. 3. Along Midway Road to York Haven Road. 4. Along York Haven Road west to Paddletown Road. 5. Both sides of Paddletown and Church Roads to Pines Road. 6. From the corner of Pines and Church Roads to a point on Interstate 83 including ,both sides of Cartref Road. r.. Page 7 of 14 ON 206. ASSIGNMENT WITHIN DISTRICT - Pg. 8 7. North along Interstate 83 to Wyndamere Road. 8. On a line parallel and to the east of Wyndamere Road to Old York Road. 9. Following Old York Road to Valley Road including both sides of Valley Road t Stillhouse Road. 10. Both sides of Stillhouse Road to the Susquehanna River. MIDDLE SCHOOL ATTENDANCE AREAS ALLEN MIDDLE SCHOOL - 1. Beginning in the southwest, from the Conewago Creek along Bull Road to Garriston Road. 2. East on Garriston Road, excluding both sides of the road, to Lewisbetry Road. 3. From the intersection of Garriston Road and Lewisberry Road following a line to the intersection of Old Quaker Road and Ridge Road (NBT). Along Ridge Road (NBT), including both sides of the road, to the intersect Ridge Road (NBT) and Route 392. % 5. In a line from the intersection of Ridge Road (NBT) and Route 392 to the intersection of Pott's Hill Road and Ridge Road (NBT). 6. From the intersection of Potts Hill Road and Ridge Road (NBT) following a line north to the intersection of Ridge Road (FT) and Fishing Creek Road. 7. Following Fishing Creek Road, including Fishing Creek Road, to Iron Stone Road. 8. Following Iron Stone Road, including both sides of Iron Stone Road, to the intersection of Iron Stone and Steigerwalt Hollow Road. 9. North along a line parallel to Steigerwalt Hollow Road to Route 114. 10. West along a line parallel to Route 114 to Timber Ridge. 11. From that point beyond Timber Ridge following a line north to the Pennsylvania Turnpike. Page 8 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 9 12. Following the Pennsylvania Turnpike west to Spanglers Mill Road. 13. North on Spanglers Mill Road to Lisburn Road. 14. Along Lisburn Road to Shetter Lane. 15. From the end of Shetter Lane to a point on Route 15 excluding Glenwood Road. 16. Along Route 15 north to the Lower Allen Township line. CROSSROADS MIDDLE SCHOOL - 1. Beginning in the southwest at Stony Run and Garriston Road. East on Garriston Road, including both sides of the road, to Lewisberry Road. 2. From the intersection of Garriston Road and Lewisberry Road following a line tc the intersection of Old Quaker Road and Ridge Road (NBT). 3. Following a line east of and parallel to Ridge Road (NBT), excluding both sides of the road, to the intersection of Ridge Road (NBT) and Route 392. 4. In a line from the intersection of Ridge Road (NBT) and Route 392 to the intersection of Pott's Hill Road and Ridge Road (FT). 5. From the intersection of Pott's Hill Road and Ridge Road (FT) following a line north to the intersection of Ridge Road (FT) and Fishing Creek Road. 6. Following Fishing Creek Road, but excluding Fishing Creek Road, to Iron Stone Road. 7. Follow Iron Stone Road to Steigerwalt Hollow Road. 8. Following a line parallel to and east of Steigerwalt Hollow Road to a point on Steigerwalt Hollow Road, excluding the YMCA Drive Access Road. 9. Proceeding east to the Pennsylvania Turnpike, including Summit Road. 10. East along the Pennsylvania Turnpike to Marsh Run Road, including both sides of Marsh Run Road. Page 9 of 14 ..i.x•m xw?Y:?„w.;n4iNi415:G99-tr .ss'.:.s:^.a'?ca?'e;?es. ?439eNHtdAi i?".e 3'Gt?s:§LN? s!.. .-. v Oft 206. ASSIGNMENT WITHIN DISTRICT -Pg. 10 LEMOYNE MIDDLE SCHOOL - 1. Beginning in the east at the Susquehanna River and the Lemoyne Borough line West along the Borough line to Interstate 83. 2. South along Interstate 83 to the Pennsylvania Turnpike. 3. West along the Pennsylvania Turnpike to Spanglers Mill Road. 4. Along a line east of and parallel to Spanglers Mill Road to Lisburn Road. 5. Along Lisburn Road to Shetter Lane. 6. From the end of Shetter Lane to a point on Route 15, including Glenwood Road 7. Along Route 15 north to the Lower Allen Township line. 8. East along the Lower Allen Township line to the Lemoyne Borough line. 9. Following the Lemoyne Borough line to the Wormleysburg Borough line, including all of Wormleysburg Borough. , NEW CUMBERLAND MIDDLE SCHOOL - 1. Beginning in the east, including all of the DDRE and excluding Marsh Run Road, following the Pennsylvania Turnpike a point northeast of Reeser's Summit. 2. From that point on the Turnpike, following a line west to the end of YMCA Drive Access Road, excluding Summit Road. 3. From the end of YMCA Drive Access Road to the intersection of YMCA Drive and Steigerwalt Hollow Road. 4. Following a line to Lewisberry Road including the intersection of Steigerwalt Hollow Road and Lewisberry Road, 5. Proceeding west on Lewisberry Road to a point before the entrance to Timber Ridge. 6. From that point, following a line north to the Pennsylvania Turnpike. 7. South on the Pennsylvania Turnpike to Interstate 83. Page l0 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. I 1 8. Interstate 83 north to the New Cumberland Borough line. 9. Following the New Cumberland Borough line to the Susquehanna River. HIGH SCHOOL ATTENDANCE AREAS CEDAR CLIFF HIGH SCHOOL - 1. Beginning in the east including all of the West Shore School District north of th following line: all of the DDRE, excluding Marsh Run Road, following the Pennsylvania Turnpike to a point northeast of Reeser's Summit. 2. From that point on the Turnpike, following a line west to the end of YMCA Drive Access Road, excluding Summit Road. 3. From the end of YMCA Drive Access Road to the intersection of YMCA Drive and Steigerwalt Hollow Road. 4. Following a line to Lewisberry Road including the intersection of Steigerwalt Hollow Road and Lewisbetry Road. 5. Proceeding west, including both sides of Lewisberry Road, to the intersection with Old Forge Road. 6. Follow Old Forge Road west, including both sides of the road, to the Yellow Breeches Creek. 7. Following the Yellow Breeches Creek to Anderson's Bridge. RED LAND HIGH SCHOOL - 1. Beginning in the east including all of the West Shore School District south of the following line: all of Marsh Run Road to the Pennsylvania Turnpike. 2. Following the Pennsylvania Turnpike west, excluding all of the DDRE, to a point northeast of Reeser's Summit. 3. From that point on the Turnpike, following a line west to the end of YMCA Drive Access Road, including Summit Road. 4. From the end of YMCA Drive Access Road to the intersection of YMCA Drive and Steigerwalt Hollow Road. Page l t of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 12 41- 5. Following a line to Lewisberry Road, excluding the intersection of Steig Hollow Road and Lewisberry Road. 6. Proceeding west along Lewisberry Road, excluding both sides of Lewisber y Road, to the intersection with Old Forge Road. 7. Following Old Forge Road west, excluding both sides of the road, to the Yellox Breeches Creek. 8. Following the Yellow Breeches Creek to Anderson's Bridge. Exceptions to Attendance Area Regulations Students living in one high school attendance area (home high school) may elect courses in the other high school with the approval of the building principals. Such students will be eligible for athletics and other competitive school activities only in the home high school in which they are enrolled. The parent or guardian shall be required to assume responsibility for transporting th student to the high school offering the approved courses. Senior Year Any student enrolled as a junior in a District high school whose family m, tc the other high school attendance area will be permitted to finish his or her junior and senior years at the same school. Transportation after the move will become the responsibility of the student and his or her parents. A student will be permitted to complete his or her senior year, once enrolled and attending classes, if the family moves from that senior high school attendance area to the other senior high school attendance area. 3. When a family moves from the District, the student may complete his or her senior year if a signed and notarized WEST SHORE SCHOOL DISTRICT AFFIDAVIT, for the appropriate year, is presented to the Office of Pupil Services by the adult with whom the student will be living, without charge. This affidavit must be presented to the Office of Pupil Services before the family moves from the area. Continued attendance is conditional upon the good conduct of the student. Transportation will be the responsibility of the student and his or her parents. No tuition will be charged. Page 12 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 13 4. When a student's family moves from the District prior to the opening of the student's year of school, a student may attend his or her senior year without tuition if his or her parents have paid taxes in the District for the school year in which he or she will be attending. Transportation will be the responsibility of the student and his or her parents. 5. Students residing outside the West Shore School District will not be accepted for enrollment in the District on a tuition basis unless the student has been approved by his or her home school district for admission into the District's Special Education classes, the student has successfully completed the 9th and 10th grades at Cedar Cliff High School or Red Land High School, and the student's family has moved from the School District during the time the student was enrolled in the I lth grade or the student has successfully completed 1 Ith grade a. Cedar Cliff High School or Red Land High School and the student's family has moved from the School District during the time that the student is enrolled in the 12th grade. Enrollment shall be defined as promotion to the next grade level. Notwithstanding any other language of this policy, no student shall be accepted as a tuition student unless the student and his or her parents or legal guardian agree to fumish transportation for the student at their expense. Other Students Any student whose parents move from the District after March 31 of a school year will be permitted to finish that school year in the building which he or she is attending. Transportation will be the responsibility of the student and his or her parents. No tuition will be charged. Any student whose family moves from one attendance area to another in the District after March 31 of the school year will be permitted to finish the year at the school which he or she has been attending. Transportation will be the responsibility of the student and his or her parents. 3. Children of parents who will be moving into the District before December 1, and whose parents show evidence of having purchased or leased a residence in the District, may begin school in the District at the opening of the school term. Evidence of potential residence would include: rent receipts, lease agreements, a construction agreement indicating the date of possession, or a notarized statement showing the residence address and the date of possession. Transportation will be the responsibility of the student and his or her parents. No tuition will be charged. Page 13 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 14 4. Children of parents who will be moving from one attendance area to anc within the District prior to December 1, and whose parents show evidence ur having purchased or leased a residence in the District, may begin attending the school in the new attendance area at the opening of the school term. Transportation during the transition will be the responsibility of the student and his or her parents. 5. The School District will permit students to attend an alternate school from their home school for the following reasons: physical or medical disability which would require the total elimination of steps, emotional dysfunction (requires psychiatric confirmation), or a need to receive an academic program not offered in the home school. 6. Exceptions may be granted by the Board for urgent reasons. School Code 1310 • Page 14 of 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff ) V. ) MICHAEL C. EYER, ) Defendant ) NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION RULE TO SHOW CAUSE AND NOW, this day of 2002, upon consideration of Plaintiff's Petition for Emergency Relief, a Rule is hereby issued upon Defendant to show cause, if any, why the relief requested therein should not be granted. Said Rule is returnable at a hearing scheduled for the a&d( day of 2002 at /L'07)o'clock o` .m. in Courtroom # Y of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: "'?z J. I) drv??t SLS? 6t ,,?? , ?, /,?; U,.,?IV?,I?d - ? _.. - ?'?1-tln'Pvr I ? ? T . ? i'?i! ?.l ? v17? 3t? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff ) V. ) MICHAEL C. EYER, ) Defendant ) NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW CUSTODYNISITATION ORDER OF COURT RE: PETITION FOR EMERGENCY RELIEF AND NOW, this day of 12002, it is hereby ORDERED and DECREED that the child, Allyson Laura Eyer, born August 1, 1994, shall attend elementary school at Washington Heights Elementary School for the 2002-2003 academic year and shall remain enrolled in the school in Mother's local area or school district absent further order of court or agreement of the parties. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff ) V. ) MICHAEL C. EYER, ) Defendant ) NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW CUSTODYNISITATION PETITION FOR EMERGENCY RELIEF AND NOW, comes Plaintiff, Amanda W. Cero, by and through her counsel, Hewett, Kissinger & Conley, P.C., who hereby files the instant Petition for Emergency Relief and in support thereof avers as follows: Petitioner is Amanda W. Cero ("Mother"), Plaintiff in the above-captioned custody action, who currently resides at 12A Richland Avenue, Apartment 103, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Michael C. Eyer ("Father"), Defendant in the above- captioned custody action, who currently resides at 140 White Dogwood Drive, Etters, York County, Pennsylvania 17319. The parties are the biological parents of one minor child, Allyson Laura Eyer, born out of wedlock on August 1, 1994. 4. On August 25, 2000, Mother filed a complaint for custody and, concurrently therewith, a petition for special relief requesting the Court order that Allyson remain enrolled in the West Creek Elementary School, in which Mother had enrolled her for the then upcoming scholastic year. On August 31, 2000, the Court entered an Order directing that Allyson remain enrolled in West Creek Elementary School for the upcoming scholastic year. A copy of said Order is attached hereto as Exhibit "A" and is incorporated herein by reference thereto. 6. On October 3, 2000, a custody Order was entered based on an agreement reached by the parties at the custody conciliation, which said Order directed that the parties share physical and legal custody. Although said Order does not explicitly set forth where the child shall attend school after completion of the 2000-2001 academic year, said Order does implicitly provide that the child shall continue attendance in a school in Mother's jurisdiction inasmuch as paragraph 2(d) of the Order provides that "the Father shall transport the child to the Mother's residence ... so that the Mother can take the child to school ...." Said provision of the October 3, 2000 Order is consistent with the Order dated August 31, 2000 pertaining to the child's enrollment in elementary school in Mother's area. A copy of said custody Order is attached hereto as Exhibit "B" and is incorporated herein by reference thereto. 8. Furthermore, inasmuch as the August 31, 2000 Order, which directed Allyson's enrollment in West Creek Elementary School, was entered without prejudice to Father further litigating the issue of Allyson's school attendance, the fact that he agreed to the October 3, 2000 custody Order without a specific provision addressing Allyson's school attendance following the 2000-2001 academic year is evidence of his tacit acceptance that Allyson would continue her enrollment in a school in Mother's area following the 2000-2001 academic year. 9. At the time the Court entered its August 31, 2000 and October 3, 2000 Orders, Mother resided in East Pennsboro School District, and Allyson attended the West Creek Elementary School in said district up until the end of the most recent academic year. Mother has since moved across the street from her prior residence and is now in the West Shore School District. 10. At the time the August 31, 2000 and October 2, 2000 Orders were entered, Father resided in the Northeastern School District and sought to have Allyson enrolled in the York Haven Elementary School. He has since moved from the Northeastern School District. 11. Currently, Mother and Father reside within the same school district, i. e., the West Shore School District; however, children in Father's neighborhood attend Red Mill Elementary School whereas children in Mother's neighborhood attend Washington Heights Elementary School. 12. On or about August 7, 2002 , Allyson told Mother that Father had enrolled her at Red Mill Elementary School for the upcoming academic year notwithstanding the fact on July 19, 2002, Mother enrolled Allyson at Washington Heights Elementary School and Father was apprised of Allyson's enrollment therein shortly thereafter. 13. Classes at Washington Heights Elementary School are set to commence August 26, 2002. 14. Allyson is set to enter the third grade this academic year, and for the past three academic years Allyson has attended school in Mother's area. 15. Father enrolled Allyson in Red Mill approximately three weeks after Mother enrolled Allyson in Washington Heights knowing full well that Allyson had already been enrolled by Mother at Washington Heights. 16. The parties are presently unable to agree as to which elementary school the child shall attend. 17. The best interests of Allyson will be promoted by confirming a single school and school district for her to attend now and in the future so as to minimize disruptions in her routine and allow her to flourish in the stability promoted by a single classroom, teacher and set of school colleagues. 18. The child has no special needs and, although each school is adequate in addressing the child's educational requirements, the child's best interests will be advanced by having her continue to attend school in Mother's area as she has done for her entire academic career. 19. Petitioner believes and therefore avers that the best interests and permanent welfare of the child will be advanced by having her attend Washington Heights Elementary School for the upcoming academic year and for the child to continue her enrollment in a school in Mother' area because Mother is better able to ensure Allyson's regular, timely attendance at school; Mother is more likely to ensure completion of all homework assignments; and, of the two parents, Mother is more likely to communicate with Father and share all educational material with him, which is necessary under their shared legal custody arrangement. 4 WHEREFORE, Plaintiff respectfully requests the Court issue an order directing that the parties' child attend Washington Heights Elementary School for the 2002-2003 academic year and remain enrolled in a school in Plaintiff s local area or school district absent further order of court or agreement of the parties. Date: Ga- Respectfully submitted, 'Darren J. Hols , Esquire HOWETT, SINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Amanda W. Cero VERIFICATION I, Amanda W. Cero, hereby swear and affirm that the facts contained in the foregoing Petition for Emergency Relief are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 8/14/02 o 12A? /z)? Amanda W. Cero ?-- p AMANDA W. CERO, Plaintiff VS. MICHAEL C. EYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2000-5861 CIVIL CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this ?/ ' day of August, 2000, it is directed that the child, AIlyson Laura Eyer, born August 1, 1994, shall remain enrolled in the West Creek Elementary School. Physical custody of the child shall remain shared as heretofore pending conciliation. This order is entered without prejudice to the father to more fully litigate the issue with respect to the child's school attendance in York Haven. BY THE COURT, James J. Kayer, Esquire For the Plaintiff Sherri Eyer, Esquire For the Defendant :rlm Kevin Hess, J. TRUE COPY FROM RECORD in Testimony wheret, (..here unto set my hand and the seal of said Court at CarWe, Pa. This-1 day O ao-.-o Prothonotary ? r AMANDA CERO, VS. MICHAEL EYER, OCT 0 5 2000 -------, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 3x-'0. day of ®"6 e, R , 2000, upon consideration of the attached Custody Conciliatirn Report, it is ordered and directed as follows: 1. The Mother, Amanda Cero, and the Father, Michael Eyer, shall have shared legal custody of Allyson Laura Eyer, born August 1, 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 her hea lth, education and religion. 2. The parties shall share having physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child from Sunday at 4:00 p.m. through Thursday before school or until 4:00 p.m. when the Child does not have school. B. The mother shall have custody of the Child from Thursday at 4:00 p.m. through Sunday at 4:00 p.m. C: During one weekend per month, the mother shall retain custody of the child overnight on Sunday, with the specific date each month to be arranged by agreement of the parties. D. Every Monday morning, the Father shall transport the Child to the Mother's residence at 8:15 a.m. so that the Mother can take the Child to school on that day. In the event the Child does not have school on Monday, the Father shall transport the Child to the mother's residence before school on Tuesday morning. 3. The parties shall share custody of the Child on holidays equally as arranged by agreement. 4. Neither party shall use illegal drugs during his or her periods of custody with the Child. Both parties shall ensure that third parties having contact with the child comply with this provision. 5. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall take all Lt (f im reasonable steps to ensure that third parties having contact with the Child comply with this provision. 6. 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. BY THE COURT, ?S/ i- Kevin Hess, J, cc: James J. Kayer, Esquire - Counsel for Mother Michael Eyer, Father TRUE COPY, FROM RECORD. In Testimony whereof, I We unto set my hand and the seal of stid Court alCir+isle, Pa. A .. /f/ ti 4 ? I F? ? %01rWnetarl , -TJ ?iFy . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff ) V. ) MICHAEL C. EYER, ) Defendant ) NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW CUSTODYNISITATION CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Amanda W. Cero, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition for Emergency Relief was served upon Michael C. Eyer, Defendant, by depositing same in the United States mail, first class, on August 14, 2002, addressed as follows: Michael C. Eyer 140 White Dogwood Drive Etters, PA 17319 Date: arren J. Hol , Esq "ire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Amanda W. Cero 00 Tr ? C i f: ?3 f y. K ?? AMANDA CERO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL EVER DEFENDANT 00-5861 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, this 30TH day of AUGUST , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 28TH day ofEPTEMBE , 2000, at 1:00 P.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. FOR THE COURT, By: /s/ Dawn S. Sunday Esq_0 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 / -2w- 4J-??-? VI y,'T,,q, N:-Id AINTO AUG 2 5 20 r? AMANDA CERO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000 CIVIL TERM CIVIL ACTION -LAW MICHAEL EYER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Esquire, Custody Conciliator, at on of 2000, at 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. FOR THE COURT, By: Custody Conciliator cc: James J. Kayer, Esquire Attorney for Plaintiff Esquire Michael Eyer, Pro Se Defendant 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, Pennsylvania 17013 Telephone (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required 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. James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Liberty Loft Carlisle, PA 17013 (717) 243-7922 AMANDA CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000 - CIVIL TERM : CIVIL ACTION -LAW MICHAEL EYER, Defendant : IN CUSTODY PETITION FOR CUSTODY COMES NOW, Plaintiff, Amanda Cero, by and through his attorney, James J. Kayer, Esquire and who does hereby aver as follows: 1. Plaintiff is Amanda Cero, an adult individual, residing at Apt. T-2, 5A Richland Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Michael Eyer, an adult individual, whose current address is 56 Northwood Manor, York Haven, York County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Allyson Laura Eyer, Apt. T-2, 5A Richland Avenue, Camp Hill, PA, born, August 1, 1994. The child was born out of wedlock. The child is presently in the custody of the mother, Amanda Cero and the father Michael Eyer. Since birth, the child has resided with the following person(s) at the below address(es): Birth to May 1996; With mother and father, Amanda Cero and Michael Eyer at Grandview Apartments, 801 Walnut Street, Lemoyne, PA. May 1996 to present: With mother at Apt T-2, 5A Richland Avenue, Camp Hill, PA May 1996 to present: With father and paternal grandfather, at 56 Northwood Manor, York Haven, PA. 4. The mother of the child is Amanda Cero residing at Apt. T-2, 5A Richland Avenue, Camp Hill, PA. She is not married. 5. The father of the child is Michael Eyer, residing at 56 Northwood Manor, York Haven, PA. He is not married. 6. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the child and the following person(s): Name Relationship None 7. The relationship of the defendant to the child is that of father. The Defendant currently resides with the child and the following person(s): Name Relationship Robert Eyer Father 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 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 parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting primary physical custody of the child to the mother. Despite the fact that the child has grown up in both parent's households, she will require the stability of living in the mother's household during the school year. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests the court to grant custody of the child to Plaintiff. Respectfully submitted, Superior Ct. I.D. 50838 VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel an d not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to unsworn falsification to authorities. I'll Date: oil 000, AUb Z a /UO AMANDA W. CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000 -A-491 CIVIL TERM : CIVIL ACTION -LAW MICHAEL C. EYER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this a day of August, 2000, a hearing is scheduled for the3Aday of August, 2000 at P-30 o'clock /0. M. in Courtroom #1 of the Cumberland County Courthouse, Carlisle, Pennsylvania, to address Plaintiff's Petition for Special Relief and Request for Interim Order pending further action of the Court. BY THE COURT, cc: James J. Kayer, Esq. Michael Eyer, Pro Se VINVnN>NN]d UU :f ?' Ui1V 00 A of AMANDA W. CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000 - CIVIL TERM : CIVIL ACTION -LAW MICHAEL C. EYER, Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF COMES NOW, Plaintiff, Amanda W. Cero, by and through her attorney, James J. Kayer, Esquire, who does hereby aver as follows: 1. The Petitioner is plaintiff, AMANDA W. CERO who resides at Apt., T-2, 5A Richland Avenue, Camp Hill, PA 17055. 2. The Respondent is the Defendant MICHAEL C. EYER who resides at 56 North Wood Manor, York Haven, PA 17370. 3. Concurrently with the filing of this petition for special relief, the Plaintiff has initiated a custody action by filing a Petition for Custody. 4. No prior order exists between the parties regarding custody. 5. The parties are the parents of one minor child, Allyson Laura Eyer, born August 1, 1994. 6. The parties have previously utilized an informal shared custody schedule with each party enjoying nearly equal time with the child. 7. The child, Allyson Laura Eyer, is due to enter the first grade in the upcoming school year. 8. During the last scholastic year, the child attended kindergarten classes at the Children's School in New Cumberland, PA. This facility located roughly equidistant between the parties. 9. Each party has registered the child in the elementary school local to their residence. The Plaintiff has registered the child at the West Creek Elementary School in the East Pennsboro School District. The Defendant has registered the child in the York Haven Elementary School in the Northeastern School District. 10. The Respondent orally agreed to Petitioner's intention to register the child in the West Creek Elementary School and has subsequently withdrawn his consent. 11. Classes are set to commence on September 5, 2000, in both school districts. 12. The parties are unable to reach an agreement as to which school the child shall attend due to the fact that they live approximately 20 miles apart and neither parent wishes to concede any time that they are currently spending with the child. 13. The best interest of the child will be promoted by establishing a single school district for her to attend so as to minimize disruptions in her routine and to allow her to flourish in the stability promoted by a single classroom, teacher and set of school colleagues. 14. The child has no special needs and therefore each school is adequate in addressing the child's educational requirements. 15. The Petitioner believes and therefore avers that the best interest and permanent welfare of the child would be served by issuing an interim order that provides her with primary physical custody of the child and shared legal custody for both parents. The order should include a provision that confirms that the child shall attend West Creek Elementary School until further notice. WHEREFORE, the Petitioner requests this Honorable Court to convene and Emergency Hearing for the purposes addressing the issues raised within this petition. Respectfully submitted, KAYER & BROWN By: J. #50838 Oast L erty Avenue Carlisle, TA 17013 (717) 243-7922 Attorney for Petitioner Date: t/? 2000 VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to unsworn falsification to authorities. Date: (211.1 Q 0/ -2610J CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing PETITION FOR SPECIAL RELIEF was served on the following persons by Certified and First-class mail, postage prepaid, by forwarding a true and correct copy unto: Michael C. Eyer 56 North Wood Manor York Haven PA 17370 Date 0 l Z???? (717) 243-7922 AMANDA W. CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 2000-5861 CIVIL : CIVIL ACTION - LAW MICHAEL C. EYER, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 3i ' day of August, 2000, it is directed that the child, Allyson Laura Eyer, born August 1, 1994, shall remain enrolled in the West Creek Elementary School. Physical custody of the child shall remain shared as heretofore pending conciliation. This order is entered without prejudice to the father to more fully litigate the issue with respect to the child's school attendance in York Haven. BY THE COURT, James J. Kayer, Esquire For the Plaintiff Sherri Eyer, Esquire For the Defendant Am /, Kevi Ims 4?(d3(vd. ??? TRUE COPY FROM RECORD in Testimony whereof, Lhere urlt0 set MY hand and the seal of said Court at Cad!* Pa. This / day Prothonotary , . 1 AMANDA CERO, VS. MICHAEL EYER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER-O'F-C- AND NOW, this 3(0. da of ?dL1?L° R , 20001 upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Amanda Cero, and the Father, Michael Eyer, shall have shared legal custody of Allyson Laura Eyer, born August 1, 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 her health, education and religion. 2. The parties shall share having physical custody of the Child in accordance with the fallowing schedule: A. The Father shall have custody of the Child from Sunday at 4:00 p.m. through Thursday before school or until 4:00 p.m. when the Child does not have school. B. The Mother shall have custody of the Child from Thursday at 4:00 p.m. through Sunday at 4:00 p.m. C- During one weekend per month, the mother shall retain custody of the Child overnight on Sunday, with the specific date each month to be arranged by agreement of the parties. D. Every Monday morning, the Father shall transport the Child to the Mother's residence at 8:15 a.m. so that the Mother can take the Child to school on that day. In the event the Child does not have school on Monday, the Father shall transport the Child to; the Mother's residence before school on Tuesday morning. 3. The parties shall share custody of the Child on holidays equally as arranged by agreement. 4. Neither party shall use illegal drugs during his or her periods of custody with the Child. Both parties shall ensure that third parties having contact with the Child comply with this provision. 5. Neither party shall Ido or say anything which may estrange the Child from the other parent, 'injure the opinion of the child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall take all PLAINTIFF'S EXHIBIT Defendant reasonable steps to ensure that third parties having contact with the Child comply with this provision. 6. 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. BY THE COURT, fOK Kevin Hess, J, cc: James J. Kayer, Esquire - Counsel for Mother Michael Eyer, Father TRUE COPY:FROM RECORD. In Testimony whereof, 1 We unto set my hand and the seal of id Court a Car isle, Pa. . :..: f -7, T ... ? ..tea - AMANDA CERO, Plaintiff VS. MICHAEL EYER, Defendant PRIOR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CXNCILIATIC H 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 BnM C UPJOMY IN CUSTODY OF Allyson Laura Eyer August It 1994 Mother/Father 2. A Conciliation Conference was held on September 28, 2000, with the following individuals in attendance: The Mother, Amanda Cero, with her counsel, James J. Kayer, Esquire, and the Father, Michael Eyer, who was not represented by counsel. 3. The parties agreed to entry of an order in the form as attached. '4enn6 -or Date Dawn S. Sunday, Esquire Custody Conciliator Kayer and Brown Attorneys At Law A Professional Corporation Liberty Loft 4 E. Liberty Avenue Carlisle, Pennsylvania 17013 e-mail: jkayer@epix.net Telephone: (717) 243-7922 October 6, 2000 Amanda Cero Apt#: T-2 5A Richland Lane Camp Hill PA 17011 RE: Cero vs. Eyer - In Custody Dear Amanda: FAX: (717) 243-0946 I am enclosing for you a copy of the Order of Court that has been signed by Judge on behalf of Judge Hess regarding your custody situation. I have reviewed the Order carefully and I have confirmed that it is consistent with the terms that were discussed at the conciliation conference, which occurred before Dawn Sunday on September 28, 2000. It has been a pleasure to assist you in this matter. Please let me know if I can be of any further assistance to you. In the event that you run into difficulties with Michael or if you become aware of Allyson encountering difficulties in school, please feel free to let me know. With this letter, I will be closing your file. Very truly yours, JJK/vJg Encls. WEST SHORE SCHOOL DISTRICT SECTION: PUPILS TITLE: ASSIGNMENT WITHIN DISTRICT ADOPTED: September 17, 1987 REVISED: February 28, 1991 March 16, 1995 May 16, 2002 206. ASSIGNMENT WITHIN DISTRICT 1. Purpose The Board directs that the assignment of students to schools within this District be SC 1310 consistent with proper education of students and the best use of the resources of this District. 2. Authority Attendance areas shall be reviewed by the Board periodically and any necessary changes made. The administration shall be responsible for making recommendations to the Board for changes. 3. Delegation of Grouping for Instruction, Responsibility Children can be grouped within a school and within a classroom so that each child may benefit to a greater extent than otherwise possible. Effective grouping must consider its purpose in each case in order to determine the basic difference factors to be minimized in each situation. Grouping should be as flexible as possible with provision for altering the grouping as often as necessary to fit the specific purpose involved. The aim is to place each child among a group of classmates in every situation with whom his or her associations in work and play will be comfortable, yet where he or she will be continually challenged and inspired to work for higher goals within his or her capacity. Students are grouped heterogeneously in elementary schools. Homogeneous grouping for instructional purposes in various subjects such as reading and mathematics is practiced within each classroom. Middle school students in grades six (6), seven (7) and eight (8) are grouped heterogeneously. An attempt is made to produce an equal number of balanced classes. Eighth graders are grouped by ability for math. Student program choices affect the grouping of students at the high school level. With or without special grouping, teachers must make every effort to shape their instruction to accommodate the individual needs of students. ??a34? rr-e Page l of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 2 Assienment to Schools The home senior high school of a single student, regardless of the courses the student has selected, is determined according to the geographical boundaries defined below. 1 A student who elects courses offered solely at one senior high school and lives the attendance area for the other senior high school will be considered a student of official record at the senior high school serving the area in which he or she resides. Such student may be required to provide his or her own transportation from the home senior high school to the other senior high school for a portion o his or her regular instruction. 3. Unless otherwise determined by the Board of School Directors, a student may not participate as a regular, official member of any activity at a senior high school other than his or her own senior high school unless the activity is an integral part of the course elective he or she has selected. A student who boards the bus on any given road will have his or her attendance area determined by the bus stop on the road where that stop is located. Elementary School Attendance Areas _ s FAIRVIEW/MOUNT ZION - 1. Beginning in the south at Stony Run and Route 177, proceeding northwesterly along Stony Run to Anderson's Bridge on Lisburn Road. 2. Following the Yellow Breeches Creek to Old Forge Road. 3. East along Old Forge Road to the intersection of Old Stage Road, excluding the Hedgerow development. 4. From the intersection of Old Stage Road and Old Forge Road, excluding Sheepford Road, proceeding west to the Yellow Breeches Creek. 5. North along the Yellow Breeches Creek to the PA Turnpike. 6. East along the PA Turnpike to Lewisberry Road. 7. In a line to the PA Turnpike and Lewisberry Road to the intersection of Springers Lane and Limekiln Road. Page 2 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 3 8. North along Springers Lane to the Yellow Breeches Creek. 9. East along the Yellow Breeches Creek to the Susquehanna River including all o: New Market. 10. From the Susquehanna River, west to a point at the most southern end of Umberto Street. 11. Parallel to First Street to Airport Access Road. 12. Along Airport Access Road to Old York Road. 13. South along the east side of Old York Road to Old Depot Road to exclude all of the DDRE. 14. South along Boeing Road to the intersection of Springers Lane and Old York Road. 15. South on Old York Road to the PA Turnpike. 16. West to Steigerwalt Hollow Road to exclude Summit Road on Reeser's Summit and include YMCA Drive Access Road. This includes the development containing YMCA Drive. 17. Following a line southwest from a point.7 of a mile on Steigerwalt Hollow Road to the Goodyear stop on Lewisberry Road. (Students boarding the bus on Crescent Drive attend Fairview and students boarding the bus at Fishing Creek Road and Iron Stone Road attend Fishing Creek. The Crescent Drive bus stop includes all students in the first .7 of a mile on Steigerwalt Hollow Road, beginning at Route 114.) 18. Southwest, along a line parallel to Pott's Hill Road to Old Quaker Road. 19. Following a parallel line which is northwest of Old Quaker Road to Heck Hill Road. 20. Following a parallel line which is west of Heck Hill Road, to the intersection of Lewisberry Road and Old Rossville Road. 21. South on a parallel line which is west of Old Rossville Road to Pinetown Road. 22. Pinetown Road to Stony Run Creek. Page 3 of 14 '?i'.tlmM?eE'Fu aII' p?i'Ss SfY+ffi4:IL w?f: sifJO2tikr kffiC.K4u?Y"+.ito£o. L..[..... u . .._e? ^ 4 206. ASSIGNMENT WITHIN DISTRICT - Pg. 4 FISHING CREEK - 1. Beginning in the east at the Susquehanna River. 2. Following the north side of Stillhouse Road to Valley Road. 3. Continuing along the north side of Valley Road, but excluding Valley Road, to Old York Road. 4. South on Old York Road to Wyndamere Road. 5. Along Wyndamere Road to Interstate 83. 6. South on Interstate 83 to Route 392. 7. West on Route 392 past Pott's Hill Road. 8. From a point on Route 392 to the intersection of Ridge Road (Newberry Township = NBT) and Old Quaker Road, which includes all of Ridge Road (NBT). 9. Along Old Quaker Road to Pott's Hill Road, excluding Old Quaker Road, then east to Pleasant View Road. 10. Northwest from Pleasant View Road to Fishing Creek Road and Iron Stone Road, not including Route 262, but including the 759 and Knudsen stops on Fishing Creek Road. 11. Along Iron Stone Road to Steigerwalt Hollow Road. (Students boarding the bus on Crescent Drive attend Fairview and students boarding the bus at Fishing Creek Road and Iron Stone Road attend Fishing Creek. This stop includes all students in the first .6 of a mile on Steigerwalt Hollow Road beginning at the intersection of Iron Stone Road and Steigerwalt Hollow Road.) 12. Along Steigerwalt Hollow Road to a point on Steigerwalt Hollow Road connecting to Route 83 on Reeser's Summit, excluding the development that includes YMCA Drive, Crescent Drive, Vista Circle, and Vista Drive to Route 83. 13. From Route 83 to Old York Road, including Summit Drive and the Hemlock/Evergreen stop, but excluding the northwest section of Reeser's Summit. Page 4 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 5 14. Then follow the boundary of the DDRE. WASHINGTON HEIGHTS - 1. Beginning at the Susquehanna River and the Lemoyne Borough line and proceeding west to Interstate 83. 2. Along Interstate 83 north to the Harrisburg Expressway (581). 3. Along the Harrisburg Expressway (581) to the Camp Hill Borough line. 4. Following the Camp Hill Borough line to the Wormleysburg Borough line. 5. Following the Wormleysburg Borough line to the Susquehanna River. This area includes all of Wormleysburg Borough. HIGHLAND - 1. Beginning in the southeast at Interstate 83 and the Pennsylvania Turnpike. 2. West on the Turnpike to Spanglers Mill Road. 3. Spanglers Mill Road to Lisburn Road. 4. Lisburn Road to Shetter Lane. 5. From the end of Shetter Lane to Route 15. 6. Route 15 north to the Lower Allen Township line. 7. Along Lower Allen Township line to the Harrisburg Expressway (581). 8. Along the Harrisburg Expressway (581) to Interstate 83. HILLSIDE - 1. Beginning in the east at the Susquehanna River. 2. Following the Yellow Breeches Creek to Springers Lane. 3. South on Springers Lane to the intersection of Limekiln Road. Page 5 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 6 4. In a line, proceeding west to the intersection of the Pennsylvania Turnpik, 1 Lewisberry Road. 5. West along the Pennsylvania Turnpike to Interstate 83. 6. North on Interstate 83 to the New Cumberland Borough line. 7. Along the New Cumberland Borough line to the Susquehanna River. LOWER ALLEN{ROSSMOYNE - 1. Beginning in the southwest, starting at Anderson's Bridge, following the Yellow Breeches Creek to Old Forge Road. 2. East on Old Forge Road beyond Sheepsford Road. 3. Parallel to the east side of Sheepsford Road to the Yellow Breeches Creek. 4. Along the Yellow Breeches Creek to the Pennsylvania Turnpike. 5. East on the Pennsylvania Turnpike to Spanglers Mill Road. 6. Along Spanglers Mill Road to Lisburn Road. 7. Lisburn Road to Shetter Lane. 8. From the end of Shetter Lane to the cloverleaf of Route 15. 9. North on Route 15 to the Lower Allen Township line. 10. Following the Lower Allen Township line to Anderson's Bridge. 11. Students boarding the bus on Spanglers Mill Road, Lisburn Road, Shetter Lane, and along Route 15 to the Township Line attend Highland Elementary School. NEWBERRY - 1. Beginning in the south at Conewago Creek and Susquehanna Trail, then West along Conewago Creek to Stony Run. 2. Along Stony Run to Route 177. 3. Along Route 177 to Old Rossville Road. Page 6 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 4. Old Rossville Road to the intersection of Lewisberry Road. Along Heck Hill Road, including both sides of Heck Hill Road, to Old Quaker Road. 5. Along Old Quaker Road, including both sides of Old Quaker Road, to Ridge Road. 6. From the intersection of Ridge Road and Old Quaker Road to a point on Route 392. 7. East along Route 392 to Interstate 83. 8 South on Interstate 83 to a point excluding Cartref Road to the comer of Pines Road and Church Road. 9. Ina line parallel to and on the west side of Church Road and Paddletown Road to York Haven Road. 10. In a line parallel to and on the south side of York Haven Road to Long Lane. 11. Long Lane to Grandview Drive. 12. Grandview Drive to Shady Lane. 13. Shady Lane to the Susquehanna Trail. 14. Along the Susquehanna Trail to the Conewago Creek. RED MILL - 1. Beginning in the southeast, at the Susquehanna River and Goldsboro line. Proceeding west to Cly Road. 2. Along Cly Road to Midway Road. 3. Along Midway Road to York Haven Road. 4. Along York Haven Road west to Paddletown Road. 5. Both sides of Paddletown and Church Roads to Pines Road. 6. From the corner of Pines and Church Roads to a point on Interstate 83 including both sides of Cartref Road. Page 7 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 8 7. North along Interstate 83 to Wyndamere Road. 8. On a line parallel and to the east of Wyndamere Road to Old York Road. 9. Following Old York Road to Valley Road including both sides of Valley Road tt Stillhouse Road. 10. Both sides of Stillhouse Road to the Susquehanna River. MIDDLE SCHOOL ATTENDANCE AREAS ALLEN MIDDLE SCHOOL - 1. Beginning in the southwest, from the Conewago Creek along Bull Road to Garriston Road. 2. East on Garriston Road, excluding both sides of the road, to Lewisberry Road. From the intersection of Garriston Road and Lewisberry Road following a line to the intersection of Old Quaker Road and Ridge Road (NBT). 4. Along Ridge Road (NBT), including both sides of the road, to the intersects Ridge Road (NBT) and Route 392. % In a line from the intersection of Ridge Road (NBT) and Route 392 to the intersection of Pott's Hill Road and Ridge Road (NBT). 6. From the intersection of Pott's Hill Road and Ridge Road (NBT) following a line north to the intersection of Ridge Road (FT) and Fishing Creek Road. Following Fishing Creek Road, including Fishing Creek Road, to Iron Stone Road. 8. Following Iron Stone Road, including both sides of Iron Stone Road, to the intersection of Iron Stone and Steigerwalt Hollow Road. 9. North along a line parallel to Steigerwalt Hollow Road to Route 114. 10. West along a line parallel to Route 114 to Timber Ridge. 11. From that point beyond Timber Ridge following a line north to the Pennsylvania Turnpike. Page 8 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 9 12. Following the Pennsylvania Turnpike west to Spanglers Mill Road. 13. North on Spanglers Mill Road to Lisburn Road. 14. Along Lisburn Road to Shetter Lane. 15. From the end of Shetter Lane to a point on Route 15 excluding Glenwood Road 16. Along Route 15 north to the Lower Allen Township line. CROSSROADS MIDDLE SCHOOL - 1. Beginning in the southwest at Stony Run and Garriston Road. East on Garriston Road, including both sides of the road, to Lewisberry Road. 2. From the intersection of Garriston Road and Lewisberry Road following a line n the intersection of Old Quaker Road and Ridge Road (NBT). 3. Following a line east of and parallel to Ridge Road (NBT), excluding both sides of the road, to the ,intersection of Ridge Road (NBT) and Route 392. 4. In a line from the intersection of Ridge Road (NBT) and Route 392 to the intersection of Pott's Hill Road and Ridge Road (FT). 5. From the intersection of Pott's Hill Road and Ridge Road (FT) following a line north to the intersection of Ridge Road (FT) and Fishing Creek Road. 6. Following Fishing Creek Road, but excluding Fishing Creek Road, to Iron Stone Road. 7. Follow Iron Stone Road to Steigerwalt Hollow Road. 8. Following a line parallel to and east of Steigerwalt Hollow Road to a point on Steigerwalt Hollow Road, excluding the YMCA Drive Access Road. 9. Proceeding east to the Pennsylvania Turnpike, including Summit Road. 10. East along the Pennsylvania Turnpike to Marsh Run Road, including both sides of Marsh Run Road. Page 9 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 10 LEMOYNE MIDDLE SCHOOL - 1. Beginning in the east at the Susquehanna River and the Lemoyne Borough line West along the Borough line to Interstate 83. 2. South along Interstate 83 to the Pennsylvania Turnpike. 3. West along the Pennsylvania Turnpike to Spanglers Mill Road. 4. Along a line east of and parallel to Spanglers Mill Road to Lisburn Road. 5. Along Lisburn Road to Shetter Lane. 6. From the end of Shetter Lane to a point on Route 15, including Glenwood Road 7. Along Route 15 north to the Lower Allen Township line. 8. East along the Lower Allen Township line to the Lemoyne Borough line. 4. Following the Lemoyne Borough line to the Wormleysburg Borough line, including all of Wormleysburg Borough. , NEW CUMBERLAND MIDDLE SCHOOL - 1. Beginning in the east, including all of the DDRE and excluding Marsh Run Road, following the Pennsylvania Turnpike a point northeast of Reeser's Summit. 2. From that point on the Turnpike, following a line west to the end of YMCA Drive Access Road, excluding Summit Road. From the end of YMCA Drive Access Road to the intersection of YMCA Drive and Steigerwalt Hollow Road. 4. Following a line to Lewisberry Road including the intersection of Steigerwalt Hollow Road and Lewisberry Road. 5. Proceeding west on Lewisberry Road to a point before the entrance to Timber Ridge. 6. From that point, following aline north to the Pennsylvania Turnpike. 7. South on the Pennsylvania Turnpike to Interstate 83. Page 10 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. I 1 8. Interstate 83 north to the New Cumberland Borough line. 9. Following the New Cumberland Borough line to the Susquehanna River. HIGH SCHOOL ATTENDANCE AREAS CEDAR CLIFF HIGH SCHOOL - I. Beginning in the east including all of the West Shore School District north of th following line: all of the DDRE, excluding Marsh Run Road, following the Pennsylvania Turnpike to a point northeast of Reeser's Summit. 2. From that point on the Turnpike, following a line west to the end of YMCA Drive Access Road, excluding Summit Road. 3. From the end of YMCA Drive Access Road to the intersection of YMCA Drive and Steigerwalt Hollow Road. 4. Following a line to Lewisberry Road including the intersection of Steigerwalt Hollow Road and Lewisberry Road. 5. Proceeding west, including both sides of Lewisberry Road, to the intersection with Old Forge Road. 6. Follow Old Forge Road west, including both sides of the road, to the Yellow Breeches Creek. 7. Following the Yellow Breeches Creek to Anderson's Bridge. RED LAND HIGH SCHOOL - 1. Beginning in the east including all of the West Shore School District south of the following line: all of Marsh Run Road to the Pennsylvania Turnpike. 2. Following the Pennsylvania Turnpike west, excluding all of the DDRE, to a point northeast of Reeser's Summit. 3. From that point on the Turnpike, following a line west to the end of YMCA Drive Access Road, including Summit Road. 4. From the end of YMCA Drive Access Road to the intersection of YMCA Drive and Steigerwalt Hollow Road. ~'e Page I I of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 12 5. Following a line to Lewisberry Road, excluding the intersection of Steig Hollow Road and Lewisberry Road. 6. Proceeding west along Lewisberry Road, excluding both sides of Lewisberry Road, to the intersection with Old Forge Road. 7. Following Old Forge Road west, excluding both sides of the road, to the Yellov Breeches Creek. 8. Following the Yellow Breeches Creek to Anderson's Bridge. Exceptions to Attendance Area Regulations Students living in one high school attendance area (home high school) may elect courses in the other high school with the approval of the building principals. Such students will be eligible for athletics and other competitive school activities only in the home high school in which they are enrolled. The parent or guardian shall be required to assume responsibility for transporting tht student to the high school offering the approved courses. Senior Year Any student enrolled as ajunior in a District high school whose family m, to the other high school attendance area will be permitted to finish his or her junior and senior years at the same school. Transportation after the move will become the responsibility of the student and his or her parents. 2. A student will be permitted to complete his or her senior year, once enrolled and attending classes, if the family moves from that senior high school attendance area to the other senior high school attendance area. 3. When a family moves from the District, the student may complete his or her senior year if a signed and notarized WEST SHORE SCHOOL DISTRICT AFFIDAVIT, for the appropriate year, is presented to the Office of Pupil Services by the adult with whom the student will be living, without charge. This affidavit must be presented to the Office of Pupil Services before the family moves from the area. Continued attendance is conditional upon the good conduct of the student. Transportation will be the responsibility of the student and his or her parents. No tuition will be charged, Page 12 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 13 4. When a student's family moves from the District prior to the opening of the student's year of school, a student may attend his or her senior year without tuition if his or her parents have paid taxes in the District for the school year in which he or she will be attending. Transportation will be the responsibility of th, student and his or her parents. 5. Students. residing outside the West Shore School District will not be accepted fo enrollment in the District on a tuition basis unless the student has been approved by his or her home school district for admission into the District's Special Education classes, the student has successfully completed the 9th and 10th grades at Cedar Cliff High School or Red Land High School, and the student's family has moved from the School District during the time the student was enrolled in the I Ith grade or the student has successfully completed l 1th grade a Cedar Cliff High School or Red Land High School and the student's family has moved from the School District during the time that the student is enrolled in the 12th grade. Enrollment shall be defined as promotion to the next grade level. Notwithstanding any other language of this policy, no student shall be accepted as a tuition student unless the student and his or her parents or legal guardian agree to furnish transportation for the student at their expense. Other Students Any student whose parents move from the District after March 31 of a school year will be permitted to finish that school year in the building which he or she is attending. Transportation will be the responsibility of the student and his or her parents. No tuition will be charged. 2. Any student whose family moves from one attendance area to another in the District after March 31 of the school year will be permitted to finish the year at the school which he or she has been attending. Transportation will be the responsibility of the student and his or her parents. 3. Children of parents who will be moving into the District before December 1, anc whose parents show evidence of having purchased or leased a residence in the District, may begin school in the District at the opening of the school term. Evidence of potential residence would include: rent receipts, lease agreements, a construction agreement indicating the date of possession, or a notarized statement showing the residence address and the date of possession. Transportation will be the responsibility of the student and his or her parents. No tuition will be charged. Page 13 of 14 206. ASSIGNMENT WITHIN DISTRICT - Pg. 14 4. Children of parents who will be moving from one attendance area to anc within the District prior to December 1, and whose parents show evidence ut having purchased or leased a residence in the District, may begin attending the school in the new attendance area at the opening of the school term. Transportation during the transition will be the responsibility of the student and his or her parents. 5. The School District will permit students to attend an alternate school from their home school for the following reasons: physical or medical disability which would require the total elimination of steps, emotional dysfunction (requires psychiatric confirmation), or a need to receive an academic program not offered in the home school. 6. Exceptions may be granted by the Board for urgent reasons. School Code 1310 Page 14 of 14 AMANDA W. CERO, Plaintiff V. MICHAEL C. EYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . 00-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 23rd day of August, 2002, it is ordered and directed that the child, Allyson Laura Eyer, born August 1st, 1994, shall remain enrolled in the Red Mill Elementary School pending further order of Court. By the Court, A. Hess, J. Darren J. Holst, Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 For the Plaintiff Nathan Wolf, Esquire 35 East High Street Carlisle, PA 17013 For the Defendant :mae `= ''"` ? te ?r . -a , .? , ? ? } ?, N ; r r ?? v ?? ? ? 4 Y ;? C7°+ AMANDA CERO, Plaintiff VS. MICHAEL EYER, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Amanda Cero, and the Father, Michael Eyer, shall have shared legal custody of Allyson Laura Eyer, born August 1, 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 her health, education and religion. 2. The parties shall share having physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child from Sunday at 4:00 p.m. through Thursday before school or until 4:00 p.m. when the Child does not have school. B. The Mother shall have custody of the Child from Thursday at 4:00 p.m. through Sunday at 4:00 p.m. C. During one weekend per month, the Mother shall retain custody of the Child overnight on Sunday, with the specific date each month to be arranged by agreement of the parties. D. Every Monday morning, the Father shall transport the Child to the Mother's residence at 8:15 a.m. so that the Mother can take the Child to school on that day. In the event the Child does not have school on Monday, the Father shall transport the Child to the Mother's residence before school on Tuesday morning. 3. The parties shall share custody of the Child on holidays equally as arranged by agreement. 4. Neither party shall use illegal drugs during his or her periods of custody with the Child. Both parties shall ensure that third parties having contact with the Child comply with this provision. 5. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall take all A , reasonable steps to ensure that third parties having contact with the Child comply with this provision. 6. 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 c9asent, the terms of this order shall control. ?? BY THE Kevin cc: James J. Kayer, Esquire - Counsel for Mother Michael Eyer, Father ono::, ^,Ji Ia AMANDA CERO, Plaintiff VS. MICHAEL EYER, Defendant PRIOR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: DATE OF BIRTH CURRENTLY IN CUSTODY OF Allyson Laura Eyer August 1, 1994 Mother/Father 2. A Conciliation Conference was held on September 28, 2000, with the following individuals in attendance: The Mother, Amanda Cero, with her counsel, James J. Kayer, Esquire, and the Father, Michael Eyer, who was not represented by counsel. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator w AMANDA W. CERO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL C. EYER, DEFENDANT 00-5861 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2005, the within petition for emergency relief, IS GRANTED in that Allyson Laura Eyer shall not be removed from the Crossroads Middle School of the West Shore School District absence an order of court or agreement of the parties. The mother shall forthwith file a petition seeking custody of Allyson which petition shall be sent to conciliation. By the Edgar B. /tlizabeth Stone, Esquire For Amanda W. Cero -Nathan Wolf, Esquire For Michael C. Eyer :sal J , J. yY' ?! fr' s t'v CNJ -1 u C-D C7 c; OCT 2 4 201 AMANDA W. CERO Plaintiff/Respondent, V. MICHAEL C. EYER, Defendant/Petitioner AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION ORDER day of 2005, upon consideration of the Petition for Emergency and Special Relief, IT IS HEREBY ORDERED AND DECREED that the Petition is IT IS FURTHER ORDERED AND DECREED that a hearing is to be held in the above-matter on Pending the hearing in the matter, Respondent is hereby ordered not to remove the minor child, Allyson Laura Eyer, from the Red Mill Elementary School of the West Shore School District; in the alternative, temporary primary custody is hereby granted to the Petitioner, and she is directed and permitted to enroll the minor child into the Camp Hill School District, until further Order of Court. By the Court, J. fl\cust\ceroafiandpepemerrel£.wpd AMANDA W. CERO Plaintiff/Respondent, V. MICHAEL C. EYER, Defendant/Petitioner e : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION PETITION FOR EMERGENCY AND SPECIAL RELIEF TO THE HONORABLE, JUDGES OF SAID COURT: The Petitioner, AMANDA W. CERO, by and through her attor- neys, Stone LaFaver & Shekletski, represents the following Petition for Emergency and Special Relief , and avers as follows: 1. The Petitioner is Amanda W. Cero who presently resides and owns a home located at 1916 Arlington Street, Camp Hill, Borough of Camp Hill, Cumberland County, Pennsylvania. She is not a member of the armed forces of the United States of America or of any other country. 2. The Respondent is Michael C. Eyer, who resides at 140 White Dogwood Lane, Newberry Township, Etters, York County, Pennsylvania, 17139. He is also not a member of the armed forces of the United State of America or any other country. -1- { 3. The parties are the natural parents of one minor daughter, Allyson Laura Eyer, the subject child of this petition, born out of wedlock on August 1, 1994. 4. Pursuant to a Court Order dated August 31, 2000, the Court entered an Order and granted emergency relief directing that Aliyson remain enrolled in the West Creek Elementary School for that year. At the time of this initial Order, Petitioner resided in East Pennsboro School District and Respondent lived in the Northern School District. A copy of said is attached hereto, marked as Exhibit "A", and is incorporated herein by reference thereto. 4. On October 3, 2000, a custody Order was entered based upon an agreement reached at a custody conciliation, which in addition to other things, affirmed the Court Order dated of August 31, 2000, and ordered that the parties shall share physical and legal custody. A copy of said is attached hereto, marked as Exhibit "B", and is incorporated herein by reference thereto. 5. It is averred and therefore alleged that the original reason for the shared physical custody from birth until kindergarten was so that the child would never need outside childcare, despite the parties living apart. Respondent was and still is a bartender and works mostly nights and weekends, and Petitioner maintains a full-time Monday through Friday employment. It should be noted that this -2- employment arrangement has not changed for either party in the last five years. 6. On or about August 23, 2002, a subsequent Order of Court was entered arising from a Petition for Special Relief, and ordered that Allyson shall remain enrolled in the Red Mill Elementary School, a part of the West Shore School District. It should be noted that Allyson was enrolled in the Petitioner's neighborhood school for the first two years, and in her third grade the Court ordered that she switch school so that she could attend the school serving her Respondent's new neighborhood school, Red Mill Elementary. Prior to this move, Respondent lived in the Northeastern School District in York County. A copy of said is attached hereto, marked as Exhibit "C", and is incorporated herein by reference thereto. 7. It is believed, and therefore averred, that the Respondent intends to relocate out of York County, and move to Perry County, enrolling Allyson in the West Perry School District within the several weeks. 8. It is further believed, and therefore averred, that the main reason for this move is to alienate the affections of the minor child from her Mother/Petitioner, and to allow the Respondent's live-in girlfriend, Ida Hartwell, and her two minor children to move closer to their relatives. -3- 9. Petitioner believes that Respondent intends to move by virtue of the fact that during a recent custody exchange at the Respondent's residence, there was a For Sale sign out front of the home showing that the house was listed for sale. This suspicion was later confirmed when Allyson indicated that she had found a house on the "internet" for her Father to buy, that he bought it, and intends to move there, taking her with him in the next several weeks. 10. Upon further conversations with the Respondent, the Respondent admitted that he intends to move, that he has sold his townhouse, settlement is soon, and that he intends to move "sometime in mid-November". Respondent has refused to give details and he has not indicated his reasons for moving. 11. Undersigned counsel sent a letter to the Respondent advising him not to move without first requesting the Court's permission, and further advising him of the impending filing for Emergency Relief. Respondent has retained counsel, Nathan Wolf, Esquire who has indicated that he is aware of his client's intentions to move without giving any specific dates, other than mid-November. Further, according to a letter received by undersigned counsel on Saturday, October 22, 2005, Respondent intends to move on or about November 4, 2005. 12. The Petitioner believes that Respondent has every intention of removing their daughter from the West Shore School District and -4- enrolling her into the West Perry School District mid year without either the Court's or her permission on November 4, 2005. 13. Since the parties share both physical and legal custody of the minor child, and since it is believed that the Respondent intends to take the child out of the county, without the Petitioner's consent, it is believed that the Respondent would be in direct contempt of the current and controlling custody order dated August 23, 2002. 14. Petitioner has attempted to talk to Respondent about this move, and Respondent indicates that he will do as he pleases. 15. Petitioner does not consent to the removal of her minor child out of her current school and has been unable to come to an agreement with the Respondent. 16. Based upon these observations admissions and conversations with the Respondent, Petitioner believes that time is of the essence, and a hearing must be held immediately to stop the removal of their child from her current home and school. 17. The best interests of Allyson will be promoted by confirming a single school and school district for her to attend now and in the future so as to minimize disruptions in her routine and allow her to flourish in the stability promoted by a single classroom, teacher and set of school colleagues. -5- WHEREFORE, the Petitioner prays your Honorable Court to enter a temporary order immediately prohibiting the Respondent from removing the minor child from the Red Mill Elementary School, of the West Shore School District, and to order a hearing on the matter as soon as expeditiously possible, or in the alternative, grant the Petitioner custody of the minor child, and allow her to enter into the Camp Hill School District. Respectfully submitted, STONE LaFAVER & 1 E ?c"`414 Br ?O New Cu Teleph Attor '0A DATED: l liC'7 6 G't-I, aZ ( 2-3 `-) 1 t-n B. At one, Esquire 025 /? S reet, P.O. Box E nd, PA 17070 (717) 774-7435 r Petitioner -6- pd\mis\1-ve rif i.aff VERIFICATION Amanda W. Cero states that she is the Plaintiff/Petitioner named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsifica- tion to authorities. ,&yj "dA l,U. C? a N A W. CERO Date: U)I (?`° A L; AMANDA W. CERO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL C. EYER DEFENDANT 00-5861 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 02, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 29, 2005 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. 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 "w"13 F?lb1u? J ?l??j??' 5)?? AMANDA W. CERO Plaintiff/ Petitioner V. MICHAEL C. EYER, Defendant/Respondent AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5861 CIVIL TERM : CIVIL ACTION - LAW : CUSTODY ACTION ORDER day of ,2005, upon consideration of the aforesaid Petition for Modification for Custody, IT IS HEREBY ORDERED AND DECREED that the Petition is IT IS FURTHER ORDERED AND DECREED that if Father moves out of the county, attempting to keep the minor daughter enrolled in the Crossroads Middle School District, while living outside the district boundaries, Father is immediately to relinquish custody of the child to the Mother. A conciliation hearing is to be held in the above-matter as soon as possible. Pending the hearing in the matter, Respondent is hereby ordered not to remove the minor child, Allyson Laura Eyer, from the Commonwealth of Pennsylvania, J. f1\cost\ceroamandconcorder.wpd AMANDA W. CERO : IN THE COURT OF COMMON PLEAS Plaintiff/ Petitioner: CUMBERLAND COUNTY, PENNSYLVANIA b v. : NO. 2000-5861 CIVIL TERM MICHAEL C. EYER, : CIVIL ACTION - LAW Defendant/Respondent : CUSTODY ACTION ORDER OF COURT AND NOW, this day of , 2005, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on the day of 2005, at , _.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. FOR THE COURT, By: Custody Conciliator 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, PA 17013 Telephone: (717) 249-3166 fl\cust\ceroamandpet£orcus AMANDA W. CERO Plaintiff/ Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-5861 CIVIL TERM MICHAEL C. EYER, CIVIL ACTION - LAW Defendant/Respondent CUSTODY ACTION PETITION FOR MODIFICATION OF CUSTODY TO THE HONORABLE, JUDGES OF SAID COURT: The Petitioner, AMANDA CERO, by and through her attorneys, Stone LaFaver & Shekletski, represents the following Petition, and avers as follows: 1. The Petitioner is Amanda Cero, who presently resides at 1916 Arlington Street, Camp Hill, Borough of Camp Hill, Pennsylvania. She is not a member of the armed forces of the United States of America or of any other country. 2. The Respondent is Michael C. Eyer, who presently resides at 140 White Dogwood Lane, Newberry Township, Etters, York County, Pennsylvania, 17139. The Respondent has indicated his intention to move out of the county and into Perry County against the wishes of Petitioner on or before November 4, 2005. -1- 3. The parties are the natural parents and share physical custody of one minor daughter, Allyson Laura Eyer, the subject child of this petition, born out of wedlock on August 1, 1994. 4. Pursuant to all prior court orders dated August 31, 2000, and October 3, 2000, the parties have always shared physical custody of the minor child. 5. Based upon Petitioner's belief that Respondent intends to move out of the county and with their minor child, Allyson, on or before November 4, 2005, the Petitioner filed an Emergency Petition for Special Relief. 6. This Court signed an Order on October 24, 2005, granting Petitioner's relief and ordering that the minor child is to remain enrolled in the Crossroads Middle School pending agreement of the parties or further Order of Court. 7. This Court further ordered and directed that Petitioner file a Petition for Custody for the minor child, this Petition follows pursuant to that Order. 8. Petitioner believes and opposing counsel has confirmed that the Respondent intends to relocate with his girlfriend, her two children by two different men, and the subject minor child to Landisburg, Perry County, Pennsylvania, on or before November 4, 2005. It is further believed that the Respondent intends to enroll the -2- subject minor child in the West Perry School District mid-marking period, mid-year, and prior to the Thanksgiving holiday. All this was planned without the Petitioner's knowledge and consent. Based upon recent information from the minor child, it is the Petitioner's belief that Respondent is going to attempt to circumvent the new court order by moving with the child and driving her to Crossroads Middle School everyday until further court proceedings. 9. Petitioner has attempted to talk to Respondent about this move, and Respondent indicates that he does intend to move and that he has every right to make said move without her permission, knowledge or consent. 10. Petitioner does not consent to the removal of her minor child out-of-county, and has been unable to come to an agreement with the Respondent. 11. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Amanda W. Cero 1916 Arlington Street 10/03 - present Camp Hill, PA 12 A Richland Avenue 8/02 - 10103 Camp Hill, PA Michael C. Eyer 140 White Dogwood Etters, PA 8/02 - present -3- The mother of the child is Amanda Cero currently owns and resides at 1916 Arlington Street, Camp Hill, Borough of Camp Hill, Pennsylvania. She is single and has never married. The father of the child is single and currently residing at 140 White Dogwood Lane, Newberry Township, Etters, Pennsylvania, 17319. Father resides with his girlfriend, Ida Hartwell, and her two children to two different men. 12. The relationship of petitioner to the child is that of mother. The petition currently resides with the following persons: NAME RELATIONSHIP subject minor child - shared custody 13. The relationship of Respondent to the child is that of father. The defendant currently resides with the following persons: NAME RELATIONSHIP Ida Hartwell Father's live-in girlfriend Austin Hartwell Stephen Slough Girlfriend's son (age 11) Girlfriend's son (age 6) subject minor child - shared custody 14. It is believed and therefore averred that the Respondent's older son, Eric, age 17, lives in foster care, and was placed there -4- after living with the Respondent for some time. The subject minor child has met this half-brother, Eric, and has been denied access to him. Eric, Respondent's son, was brought to the Respondent after his natural mother died. 15. Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth, other than that stated above. Petitioner 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. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Both parties have enjoyed shared custody of the minor child her entire life. Since birth, Mother has provided a continuous living relationship with the child; (b) The mother is able to provide a stable home and family type environment for the child allowing the child opportunity to spend time with the Father. (c) The Mother has significant concerns of father's ability to properly parent their pre-teen daughter. -5- (d) The Mother believes that the Father and possibly his girlfriend are using illegal substances in the basement of their home due to statements made by the daughter regarding the rule that she is never permitted to go down to the basement. Oddly, this is where the computer is located. (e) The Mother has valid worries that due to Father consistently unreliable and irresponsible nature, that their daughter will not be adequately cared for and her needs will go unnoticed as they have in the past. (f) The Mother believes that the Father and his girlfriend have left the children unattended in the home, locked them out of the home, or not been home when the children get out of school in the afternoon. (g) The child obtained 6 tardy attendance at school last year. The child lives less than two miles from the school. It is believed based upon what the child is telling the Mother, that the Father and his girlfriend forget to wake the child in time for the school bus, so that they must drive her, making her late frequently. (h) It is believed and therefore averred, that both the father and his live-in girlfriend are bartenders, and work primarily nights, and have only ever worked as bartenders and other various part-time jobs. This is not an ideal lifestyle to raise a pre-teen girl. It is believed that father on occasion has brought the minor -6- child to establishments that serve alcohol with him for unknown reasons. It is known that the Respondent took the minor child to Cobblestones Bar & Grill in York County to introduce her to his current live-in girlfriend. Petitioner questions father's judgment in parenting. (i) It is believed that both the father and his girlfriend suffer from bad credit, and as a result, are barely able to pay bills, e.g. phone, electric and other utilities which have been terminated in the past for non-payment. (j) It is believed and therefore averred that one of the primary reasons that father has insisted on shared custody is to avoid a child support obligation. (k) It is believed that the child will benefit the greatest by being enrolled in the Camp Hill School District. The Camp Hill School District enjoys one of the highest rankings statewide for scholastic achievements. In 2001, the Camp Hill Middle School ranked 83`d in the state. This same evaluation ranked the Camp Hill High School as 15th in the state. (1) It is believed and therefore averred that the West Perry School District has some of the lowest rankings in the state and in the country for scholastic achievements. According to the same PSK12 study, the West Perry Middle School ranked 586th out of 898 middle schools evaluated in 2001. The West Perry High School ranked 464th -7- (m) It is believed and therefore averred that the Mother is in the best position to provide the most nurturing environment for their daughter. (n) It is believed that adequate time can be afforded to the father to allow his relationship with the minor child to continue to flourish and grow. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. , the Petitioner prays your Honorable Court to enter a granting primary physical custody to the Mother, enter an order prohibiting the Respondent from removing the minor child from the county and state, and to order a hearing the matter as soon as expeditiously possible. Respectfully submit DATED, 31,7?w (:6r STONE Eliz eth I. #602 4 Br ew Cu e Telephone Attorney B ./,,?S't fie, Esquire S bet, P.O. Box E /('71;) PA 17070 774-7435 Petitioner Oct 31 05 03:08p Dr Kravitz and Miller 7177612350 p.1 Pd\mia\1-vr1fi.aff VERIFICATION Amanda W. Cero states that she is the Plaintiff/Petitioner named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsifica- tion to authorities. NDA W. CERQ Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served this S i'4- day of Oc--?OLO- , 2005, by First Class Mail, upon: Nathan Wolf, Esquire Wolf & Wolf 37 South Hanover Street Carlisle, PA 17013 (7 rv <r' `1 R7 TJ ^{jm ? _C3 ,? r Z7 ? ?'r C b4 ?ti?J ?,?? 2 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITES 201-202 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMANDA W. CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHAEL C. EVER, : NO. 00-5861 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT NOW, this day of November, 2005, upon consideration of the attached Motion filed by Defendant, it is hereby ORDERED and DECREED that: 1. A conference in chambers is scheduled on November , 2005, at o'clock m. or 2. The conciliation conference presently scheduled for November 29, 2005, at 11:30 a.m. is hereby continued and a conference in chambers is scheduled on 200, at o'clock .m. By the Court, J. .. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH IIANOVER STREET, SUITES 201-702 CARLISLE FA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT AMANDA W. CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHAEL C. EYER, : NO. 00-5861 CIVIL TERM Defendant : IN CUSTODY MOTION FOR CONFERENCE AND NOW, comes the petitioner, Michael Eyer, by his attorney, Nathan C. Wolf, Esquire, and presents the following Motion for Conference, representing as follows: 1. The petitioner is Michael Eyer an adult individual residing at 90 Southcrest Road, Etters, Pennsylvania 17370, York County, Pennsylvania. 2. The respondent is Amanda W. Cero, an adult individual residing at 1916 Arlington Street, Camp Hill, Borough of Camp Hill, Camp Hill, Pennsylvania 17011, Cumberland County, Pennsylvania. 3. The parties are the natural parents and share physical custody of one (1) child, bom out of wedlock: Allyson Laura Eyer, born August 1, 1994 4. On October 24, 2005, Respondent filed a petition for emergency and special relief With the Court. 5. On October 24, 2005, the Court, in the person of the Honorable Edgar B. Bayley sitting in the place of the Honorable Kevin A. Hess, signed an Order granting said relief ordering that the minor child is to remain enrolled in the Crossroads Middle School pending agreement of the parties or further order of the Court, but directing the parties to conciliation. 5. Following the issuance of the Court Order, Counsel for Petitioner sought concurrence from Respondent's Counsel for a conference with judge Bayley. 6. Counsel for Respondent refused the undersigned counsel's aforementioned request because her client would not allow her to "agree to anything." Counsel for Petitioner contacted counsel for Respondent on October 21, 2005, in an attempt to find an alternate resolution regarding this matter. 8. On October 31, 2005, Respondent filed a petition for modification of custody with the Court. 9. The parties are scheduled to appear for a conciliation conference before Dawn S. Sunday, Esquire, scheduled for November 29, 2005. 10. Petitioner's counsel had attempted to move the conciliation sooner, but the only party unavailable was Respondent. it. Petitioner's house was scheduled for settlement on October 31, 2005 and could not be cancelled. 12. Petitioner's purchase was under contract and scheduled to settle on November 4, 2005 and could not be cancelled or postponed. 13. Petitioner and child are currently residing with the paternal grandfather so as to avoid being in violation of the October 24, 2005 Order. 14. Counsel for Petitioner has sought concurrence regarding this motion from Plaintiff through counsel and such concurrence was not given. 15. Petitioner believes the granting of this Motion would ultimately benefit the child. 1. WHEREFORE, Petitioner, Michael Eyer, respectfully requests that the Court grant Petitioner's Motion for a conference in chambers in this matter. Respectfully submitted, WOLF & November 1 7 , 2005 SUP E COURT ID NO. 87380 37 ? Al th Hanover Street, Suites 201-202 COLISLE PA 17013 17) 241-4436 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 unworn falsification to authorities. Dated: November 2005 NATHAN C. WOLF, ESQUIRE NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITES 201-202 CARLISLE PA 17013 (717) 211-4436 ATTORNEY FOR DEFENDANT AMANDA W. CERO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-5861 CIVIL TERM IN CUSTODY V. MICHAEL C. EYER, CERTIFICATE OF SERVICE I, Nathan Cl Wolf, Esquire, have served a true and correct copy of Defendant's Motion for Conference upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Elizabeth B. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street Post Office Box E New Cumberland, PA 17070 Respectfully submitted, WOLF & November, 2005 Defendant : WOLF Defendant COURT ID NO. 87380 ?71outh Hanover Street, Suites 201-202 CARLISLE PA 17013 (717) 241-4436 (7 0 c9 ?r Q r _? co co OO Y---n n? c.? C7 y NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITES 201-202 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMANDA W. CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHAEL C. EYER, : NO. 00-5861 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT NOW, this day of November, 2005, upon consideration of the attached Motion filed by Defendant, it is hereby ORDERED and DECREED that: A conference in chambers is scheduled on November , 2005, at o'clock .m. or 2. The conciliation conference presently scheduled for November 29, 2005, at 11:30 a.m. is hereby continued and a conference in chambers is scheduled on 200, at o'clock .m. By the Court, J. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITES 201-202 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMANDA W. CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 00-5861 CIVIL TERM MICHAEL C. EYER, Defendant : IN CUSTODY ORDER OF COURT NOW, this day of November, 2005, upon consideration of the attached Motion filed byDefendant, it is hereby ORDERED and DECREED that: 1. A conference in chambers is scheduled on November , 2005, at o'clock .m. or 2. The conciliation conference presently scheduled for November 29, 2005, at 11:30 a.m. is hereby continued and a conference in chambers is scheduled on 200, at o'clock .m. By the Court, J• p W u v N ? ? N W Q tv v ?a 00U N a h Qj Wv`g H W ?+ O M ? M ?i N1 ti O O [y N '" O Vj p {tea yy M. ? V P W O ? M FG M M O n ?yj N ~ ??4y O QJ N ? N a? J M IM F- 44 ?. O M Cn M ? M {x, 7 O N Mtn J? AMANDA W. CERO Plaintiff VS. MICHAEL C. EYER Defendant orc 0 2 1005 IN THE COURT OF CUMBERLAND COU 00-5861 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT VANIA AND NOW, this 6 ' day of 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a short form evaluation to be performed by Deborah Salem, LPC. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs of the Child in light of the Father's change of residence. The parties shall also obtain an assessment by the evaluator as to whether co-parenting counseling would be advisable, and whether a full drug and alcohol evaluation and/or psychological evaluation is warranted for either or both parties. All costs of the evaluation shall be shared equally between the parties. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional information pertaining to the parties or the Child. 2. Pending further Order of Court or agreement of the parties, the prior Orders of this Court dated August 31, 2000, October 3, 2000, and October 24, 2005 shall continue in effect. 3. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary to proceed further. cc: lizabeth B. Stone, Esquire - Counsel for Mother ,..Xathan C. Wolf, Esquire - Counsel for Father C J BY THE COURT, Sf AMANDA W. CERO Plaintiff vs. MICHAEL C. EYER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5861 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Allyson Laura Eyer August 1, 1994 Mother/Father 2. A custody conciliation conference was held on November 29, 2005, with the following individuals in attendance: The Mother, Amanda W. Cero, with her counsel, Elizabeth B. Stone, Esquire, and the Father, Michael C. Eyer, with his counsel, Nathan C. Wolf, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date da- Dawn S. Sunday, Esquire Custody Conciliator !u JUN 0 5 200 AMANDA W. CERO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-5861 CIVIL ACTION LAW MICHAEL C. EYER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of qjj,..,,, 2006, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: 1. The prior Orders of this Court dated October 24, 2005, October 3, 2000 and August 31, 2000 are vacated and replaced with this Order. 2. The Mother, Amanda W. Cero, and the Father, Michael C. Eyer, shall have shared legal custody of Allyson Laura Eyer, born August 1, 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 her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. The Mother shall have equal access to all records, of whatever nature, pertaining to the Child to which the Father has access. Each party shall notify the other party within 24 hours of any medical, dental or counseling appointments scheduled for the Child to enable both parties to attend and participate. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child during alternating weeks from Friday after school or after the Mother's work, through Monday when the Mother shall transport the Child to school or, if there is no school, the Father shall pick up the Child at the maternal grandparent's residence at 10:00 a.m. During the interim weeks, the Mother shall have custody of the Child from Friday after school or after the Mother's work through Saturday when the Father shall pick up the Child at a time to be arranged by the preceding day. This schedule shall remain in effect pending the follow-up conciliation conference scheduled in this Order, at which time the advisability of expanding the Mother's periods of custody shall be addressed without prejudice to the Mother as a result of the schedule implemented in this Order. i i r-t 't:? vii .l? P;_"?f' I.?if r 5. The parties shall share having custody of the Child on holidays as follows: A. Even numbered years: In even numbered years, the Mother shall have custody of the Child on Memorial Day (9:00 a.m. to 8:00 p.m.), Labor Day (9:00 a.m. to 8:00 p.m.), and Christmas (Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m.). In even numbered years, the Father shall have custody of the Child for Easter (from Saturday at 4:00 p.m. through Sunday at 4:00 p.m.), Independence Day (from July 4 at 12:00 noon through July 5 at 12:00 noon), and Thanksgiving (from Wednesday at 4:00 p.m. through Thanksgiving Day at 4:00 p.m.). B. Odd numbered years: In odd numbered years, the Father shall have custody of the Child on Memorial Day (9:00 a.m. to 8:00 p.m.), Labor Day (9:00 a.m. to 8:00 p.m.), and Christmas (Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m.). In odd numbered years, the Mother shall have custody of the Child for Easter (from Saturday at 4:00 p.m. through Sunday at 4:00 p.m.), Independence Day (from July 4 at 12:00 noon through July 5 at 12:00 noon), and Thanksgiving (from Wednesday at 4:00 p.m. through Thanksgiving Day at 4:00 p.m.). C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 8:00 p.m. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. For summer vacation in 2006, the Mother shall have custody of the Child for two non- consecutive weeks and the maternal grandparent's shall have custody of the Child for one week, upon providing at least two weeks advance notice to the Father. 7. The parties shall participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall participate in a minimum of six sessions. All costs which are not reimbursed by insurance shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within 10 days of the date of this Order to schedule the first session. 8. The parties shall arrange for the Child to engage in therapeutic counseling with a professional to be selected by agreement. The purpose of the counseling for the Child shall be to assist the Child in dealing with issues inherent in being the subject of custodial arrangements and to address developmental issues which are having an impact on the custodial arrangements. The parties shall select the Child's counselor and contact the counselor's office within 10 days of the date of this Order to schedule the first session. All costs of counseling for the Child which are not reimbursed by insurance coverage shall be shared equally between the parties. 9. Except as otherwise specified in this Order, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 10. The parties shall strictly adhere to the exchange times set forth in this Order, recognizing that repeated tardiness for exchanges may result in the adjustment of the scheduled exchange times. 11. Neither party shall use illegal drugs during his or her periods of custody with the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, September 26, 2006 at 8:30 a.m. 14. 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. BY THE COURT, cc: XG eth B. Stone, Esquire - Counsel for Mother athan C. Wolf, Esquire - Counsel for Father lao AMANDA W. CERO Plaintiff vs. MICHAEL C. EYER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5861 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Allyson Laura Eyer DATE OF BIRTH August 1, 1994 Father 2. A custody conciliation conference was held on May 30, 2006, with the following individuals in attendance: The Mother, Amanda W. Cero, with her counsel, Elizabeth B. Stone, Esquire, and the Father, Michael C. Eyer, with his counsel, Nathan C. Wolf, Esquire. 3. The parties agree to gradually work toward implementation of the schedule set forth in the attached Order through counseling and acknowledge that, while believing it is best that the Order reflect the outcome goal for the schedule, there will be a transition period during which it is understood that the provisions of the attached ordered schedule will not be strictly enforced. 4. The parties agreed to entry of an Order in the form as attached. ;/ , d-OO & Date Dawn S. Sunday, Esquire Custody Conciliator CURRENTLY IN CUSTODY OF SEP 2 S 2006 t?\ BY: AMANDA W. CERO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL C. EYER 00-5861 CIVIL ACTION LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7? day of pc"-, , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The parties shall make arrangements to implement paragraph 8 of the prior Order of this Court dated June 9, 2006, under which the parties shall ensure that the Child receives therapeutic counseling. Within 14 days of the conciliation conference, the parties shall select the counselor for the Child by agreement and shall contact the counselor's office to schedule the first session. The parties shall share any costs of counseling which are not covered by insurance. 2. In order to gradually resume the partial custody arrangements provided in the prior Order of this Court dated June 9, 2006, the Mother shall have custody of the Child for three consecutive weeks, beginning September 29, 2006, from Friday, when the Mother shall pick up the Child at school, through Saturday at 4:00 p.m., unless another exchange time is selected by agreement. Following the Mother's three periods of custody under this provision, the partial custody schedule set forth in the prior Order shall resume, beginning with the full weekend period of custody from Friday, October 20 through Monday, October 23, 2006. Pending further Order of Court or agreement of the parties, the June 9, 2006 Order shall continue in effect. 4. Within 90 days of the date of this Order, counsel for either party may contact the Rd O-J?Oggoz 1?tlt?.tGr?J?4r??d 7Lg conciliator to schedule a telephone conference or an additional conciliation conference, if necessary. cc: „FQa an C. Wolf, Esquire - Counsel for Father izabeth B. Stone, Esquire - Counsel for Mother BY THE COURT, AMANDA W. CERO Plaintiff VS. MICHAEL C. EYER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5861 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Allyson Laura Eyer August 1, 1994 Father 2. A custody conciliation conference was held on September 26, 2006, with the following individuals in attendance: The Mother, Amanda W. Cero, with her counsel, Elizabeth B. Stone, and the Father, Michael C. Eyer, with his counsel, Nathan C. Wolf. 3. The concilator recommends entry of an Order in the form as attached. i1^^ f1Pi! o2K o1wo Date Dawn S. Sunday, Esquire Custody Conciliator 'r? 11r-- 'aIdperfr' C AMANDA W. CERO Plaintiff/ Petitioner V. MICHAEL C. EYER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION PETITION FOR MODIFICATION OF CUSTODY TO THE HONORABLE, JUDGES OF SAID COURT: The Petitioner, AMANDA CERO, by and through her attorneys, Stone LaFaver & Shekletski, represents the following Petition, and avers as follows: 1. The Petitioner is Amanda Coro, who presently resides at 1916 Arlington Street, Camp Hill, Borough of Camp Hill, Pennsylvania. She is not a member of the armed forces of the United States of America or of any other country. 2. The Respondent is Michael C. Eyer, who presently resides at 140 White Dogwood Lane, Newberry Township, Etters, York County, Pennsylvania, 17139. The Respondent has indicated his intention to move out of the county and into Perry County against the wishes of Petitioner on or before November 4, 2005. -1- 3. The parties are the natural parents and share physical custody of one minor daughter, Allyson Laura Eyer, the subject child of this petition, born out of wedlock on August 1, 1994. 4. Pursuant to all prior court orders dated August 31, 2000, and October 3, 2000, the parties have always shared physical custody of the minor child. 5. Based upon Petitioner's belief that Respondent intends to move out of the county and with their minor child, Allyson, on or before November 4, 2005, the Petitioner filed an Emergency Petition for Special Relief. 6. This Court signed an order on October 24, 2005, granting Petitioner's relief and ordering that the minor child is to remain enrolled in the Crossroads Middle School pending agreement of the parties or further Order of Court. 7. This Court further ordered and directed that Petitioner file a Petition for Custody for the minor child, this Petition follows pursuant to that Order. 8. Petitioner believes and opposing counsel has confirmed that the Respondent intends to relocate with his girlfriend, her two children by two different men, and the subject minor child to Landisburg, Perry County, Pennsylvania, on or before November 4, 2005. It is further believed that the Respondent intends to enroll the -2- subject minor child in the West Perry School District mid-marking period, mid-year, and prior to the Thanksgiving holiday. All this was planned without the Petitioner's knowledge and consent. Based upon recent information from the minor child, it is the Petitioner's belief that Respondent is going to attempt to circumvent the new court order by moving with the child and driving her to Crossroads Middle School everyday until further court proceedings. 9. Petitioner has attempted to talk to Respondent about this move, and Respondent indicates that he does intend to move and that he has every right to make said move without her permission, knowledge or consent. 10. Petitioner does not consent to the removal of her minor child out-of-county, and has been unable to come to an agreement with the Respondent. I.I. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESS Amanda W. Coro 1916 Arlington Street Camp Hill, PA 12 A Richland Avenue Camp Hill, PA Michael C. Eyer 140 White Dogwood Etters, PA DATES 10/03 - present i 8/02 - 10/03 8/02 - present -3- The mother of the child is Amanda Cero currently owns and resides i I at 1916 Arlington Street, Camp Hill, Borough of Camp Hill, I I Pennsylvania. She is single and has never married. i The father of the child is single and currently residing at I 140 White Dogwood Lane, Newberry Township, Etters, Pennsylvania, 17319. Father resides with his girlfriend, Ida Hartwell, and her two children to two different men. 12. The relationship of petitioner to the child is that of mother. The petition currently resides with the following persons: NAME subject minor child - shared custody RELATIONSHIP 13. The relationship of Respondent to the child is that of father. The defendant currently resides with the following persons: NAME RELATIONSHIP Ida Hartwell Father's live-in girlfriend Austin Hartwell Girlfriend's son (age 11) Stephen Slough Girlfriend's son (age 6) subject minor child - shared custody 14. It is believed and therefore averred that the Respondent's older son, Eric, age 17, lives in foster care, and was placed there -4- after living with the Respondent for some time. The subject minor child has met this half-brother, Eric, and has been denied access to him. Eric, Respondent's son, was brought to the Respondent after his natural mother died. 15. Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth, other than that stated above. Petitioner 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. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Both parties have enjoyed shared custody of the minor child her entire life. Since birth, Mother has provided a continuous living relationship with the child; (b) The mother is able to provide a stable home and family type environment for the child allowing the child opportunity to spend time with the Father. (c) The Mother has significant concerns of father's ability to properly parent their pre-teen daughter. -5- (d) The Mother believes that the Father and possibly his girlfriend are using illegal substances in the basement of their home due to statements made by the daughter regarding the rule that she is never permitted to go down to the basement. Oddly, this is where the computer is located. (e) The Mother has valid worries that due to Father consistently unreliable and irresponsible nature, that their daughter will not be adequately cared for and her needs will go unnoticed as they have in the past. (f) The Mother believes that the Father and his girlfriend have left the children unattended in the home, locked them out of the home, or not been home when the children get out of school in the afternoon. (g) The child obtained 6 tardy attendance at school last year. The child lives less than two miles from the school. It is believed based upon what the child is telling the Mother, that the Father and his girlfriend forget to wake the child in time for the school bus, so that they must drive her, making her late frequently. (h) It is believed and therefore averred, that both the father and his live-in girlfriend are bartenders, and work primarily nights, and have only ever worked as bartenders and other various part-time jobs. This is not an ideal lifestyle to raise a pre-teen girl. It is believed that father on occasion has brought the minor -6- child to establishments that serve alcohol with him for unknown reasons. It is known that the Respondent took the minor child to Cobblestones Bar & Grill in York County to introduce her to his I current live-in girlfriend. Petitioner questions father's judgment in I I parenting. (i) It is believed that both the father and his girlfriend suffer from bad credit, and as a result, are barely able to pay bills, e.g. phone, electric and other utilities which have been terminated in the past for non-payment. (j) It is believed and therefore averred that one of the primary reasons that father has insisted on shared custody is to avoid a child support obligation. (k) It is believed that the child will benefit the greatest by being enrolled in the Camp Hill School District. The Camp Hill School District enjoys one of the highest rankings statewide for scholastic achievements. In 2001, the Camp Hill Middle School ranked 832d in the state. This same evaluation ranked the Camp Hill High School as 15`h in the state. (1) It is believed and therefore averred that the West Perry i School District has some of the lowest rankings in the state and in the country for scholastic achievements. According to the same PSK12 study, the West Perry Middle School ranked 586th out of 898 middle schools evaluated in 2001. The West Perry High School ranked 464th -7- (m) It is believed and therefore averred that the Mother is in the best position to provide the most nurturing environment for their daughter. (n) It is believed that adequate time can be afforded to the father to allow his relationship with the minor child to continue to flourish and grow. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the Petitioner prays your Honorable Court to enter a granting primary physical custody to the Mother, enter an order prohibiting the Respondent from removing the minor child from the county and state, and to order a hearing the matter as soon as expeditiously possible. Respectfully submitted, STONE LaFAVER'& SHE Eliz eth B. t?e, Esquire 1. #6025 4 Bri S eet, P.O. Box E 8?ew Cu erl- d, PA 17070 Telephone: (717) 774-7435 Attorney or Petitioner DATED: 3k, 2-0cll -8- Oct 31 05 03:08P Dr Kravitz and Miller 71'77612350 p.1 pd\mis\1-vflcLEi.eff VLR IATION Amanda W. Cer0 states that she is the Plaintiff/Petitioner named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsifica- tion to authorities. NDA W. CERO Date: I f- CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served this -?)''- day of 0' , 2005, by First Class Mail, upon: Nathan Wolf, Esquire Wolf & Wolf 37 South Hanover Street Carlisle, PA 17013 M1? CJ C_ u (? R7 c; ? ?? '? i - (? fll ?l ?` '!? (? ? ?) r? ? ^ , _ _ n - _. ? ? W '" :.j r- t e;.? ? ?- F' ?` AMANDA W. CERO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-5861 CIVIL ACTION LAW MICHAEL C. EYER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 02, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 29, 2005 at 11:30 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 '["HE COURT. By: /s/ Dawn S. Sunday Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact Our office. All arrangements most be made at least 72 hours prior to any hearing or business before the court. You must attend the schedulec 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 AOe7rwvv 0 1 ';Si r; s? ? 1/ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITES 201-202 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMANDA W. CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHAEL C. EYER, : NO. 00-5861 CIVIL TERM Defendant : IN CUSTODY MOTION FOR CONFERENCE AND NOW, comes the petitioner, Michael Eyer, by his attorney, Nathan C. Wolf, Esquire, and presents the following Motion for Conference, representing as follows: The petitioner is Michael Eyer an adult individual residing at 90 Southcrest Road, Etters, Pennsylvania 17370, York County, Pennsylvania. 2. The respondent is Amanda W. Cero, an adult individual residing at 1916 Arlington Street, Camp Hill, Borough of Camp Hill, Camp Hill, Pennsylvania 17011, Cumberland County, Pennsylvania. 3. The parties are the natural parents and share physical custody of one (1) child, bom out of wedlock Allyson Laura Eyer, born August 1, 1994 4. On October 24, 2005, Respondent filed a petition for emergency and special relief with the Court. 5. On October 24, 2005, the Court, in the person of the Honorable Edgar B. Bayley sitting in the place of the Honorable Kevin A. Hess, signed an Order granting said relief ordering that the minor child is to remain enrolled in the Crossroads Middle School pending agreement of the parties or further order of the Court, but directing the parties to conciliation. 5. Following the issuance of the Court Order, Counsel for Petitioner sought concurrence from Respondent's Counsel for a conference with judge Bayley. 6. Counsel for Respondent refused the undersigned counsel's aforementioned request because her client would not allow her to "agree to anything." 7. Counsel for Petitioner contacted counsel for Respondent on October 21, 2005, in an attempt to find an alternate resolution regarding this matter. On October 31, 2005, Respondent filed a petition for modification of custody with the Court. 9. The parties are scheduled to appear for a conciliation conference before Dawn S. Sunday, Esquire, scheduled for November 29, 2005. 10. Petitioner's counsel had attempted to move the conciliation sooner, but the only party unavailable was Respondent. 11. Petitioner's house was scheduled for settlement on October 31, 2005 and could not be cancelled. 12. Petitioner's purchase was under contract and scheduled to settle on November 4, 2005 and could not be cancelled or postponed. 13. Petitioner and child are currently residing with the paternal grandfather so as to avoid being in violation of the October 24, 2005 Order. 14. Counsel for Petitioner has sought concurrence regarding this motion from Plaintiff through counsel and such concurrence was not given. 15. Petitioner believes the granting of this Motion would ultimately benefit the child. WHEREFORE, Petitioner, Michael Eyer, respectfully requests that the Court grant Petitioner's Motion for a conference in chambers in this matter. Respectfully submitted, WOLF & November / 7 , 2005 NATHAN SUP E COURT ID NO. 87380 37 th Hanover Street, Suites 201-202 ISLE PA 17013 h17) 241-4436 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 unswom falsification to authorities. Dated: November) , 2005 NATHAN C. WOLF, ESQUIRE NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITES 201-202 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMANDA W. CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHAEL C. EYER, : NO. 00-5861 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Defendant's Motion for Conference upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Elizabeth B. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street Post Office Box E New Cumberland, PA 17070 Respectfully submitted, WOLF & November, 2005 WOLF Defendant COURT ID NO. 87380 39'South Hanover Street, Suites 201-202 CARLISLE PA 17013 (717) 241-4436 CD AMANDA W. CERO Plaintiff vs. MICHAEL C. EYER Defendant DEC 0 2 2005 IN THE COURT OF COMMON PLEAS O? CUMBERLAND COUNTY, PENNSYLVANIA 00-5861 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 61 day of 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a short form evaluation to be performed by Deborah Salem, LPC. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs of the Child in light of the Father's change of residence. The parties shall also obtain an assessment by the evaluator as to whether co-parenting counseling would be advisable, and whether a full drug and alcohol evaluation and/or psychological evaluation is warranted for either or both parties. All costs of the evaluation shall be shared equally between the parties. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional information pertaining to the parties or the Child. 2. Pending further Order of Court or agreement of the parties, the prior Orders of this Court dated August 31, 2000, October 3, 2000, and October 24, 2005 shall continue in effect. 3. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary to proceed further. cc: lizabeth B. Stone, Esquire - Counsel for Mother Nathan C. Wolf, Esquire - Counsel for Father BY THE COURT, ? ? ?? (, f ? ?. u AMANDA W. CERO Plaintiff vs. MICHAEL C. EYER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5861 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Allyson Laura Eyer August 1, 1994 Mother/Father 2. A custody conciliation conference was held on November 29, 2005, with the following individuals in attendance: The Mother, Amanda W. Cero, with her counsel, Elizabeth B. Stone, Esquire, and the Father, Michael C. Eyer, with his counsel, Nathan C. Wolf, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date 4"Ff"-- Dawn S. Sunday, Esquire Custody Conciliator V JUN 0 5 200 AMANDA W. CERO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 00-5861 CIVIL ACTION LAW MICHAEL C. EYER Defendant IN CUSTODY ORDER OF COURT AND NOW, this 9 ` day of , 2006, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: 1. The prior Orders of this Court dated October 24, 2005, October 3, 2000 and August 31, 2000 are vacated and replaced with this Order. 2. The Mother, Amanda W. Cero, and the Father, Michael C. Eyer, shall have shared legal custody of Allyson Laura Eyer, born August 1, 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 her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. The Mother shall have equal access to all records, of whatever nature, pertaining to the Child to which the Father has access. Each party shall notify the other party within 24 hours of any medical, dental or counseling appointments scheduled for the Child to enable both parties to attend and participate. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child during alternating weeks from Friday after school or after the Mother's work, through Monday when the Mother shall transport the Child to school or, if there is no school, the Father shall pick up the Child at the maternal grandparent's residence at 10:00 a.m. During the interim weeks, the Mother shall have custody of the Child from Friday after school or after the Mother's work through Saturday when the Father shall pick up the Child at a time to be arranged by the preceding day. This schedule shall remain in effect pending the follow-up conciliation conference scheduled in this Order, at which time the advisability of expanding the Mother's periods of custody shall be addressed without prejudice to the Mother as a result of the schedule implemented in this Order. - -r!! i 5. The parties shall share having custody of the Child on holidays as follows: A. Even numbered years: In even numbered years, the Mother shall have custody of the Child on Memorial Day (9:00 a.m. to 8:00 p.m.), Labor Day (9:00 a.m. to 8:00 p.m.), and Christmas (Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m.). In even numbered years, the Father shall have custody of the Child for Easter (from Saturday at 4:00 p.m. through Sunday at 4:00 p.m.), Independence Day (from July 4 at 12:00 noon through July 5 at 12:00 noon), and Thanksgiving (from Wednesday at 4:00 p.m. through Thanksgiving Day at 4:00 p.m.). B. Odd numbered years: In odd numbered years, the Father shall have custody of the Child on Memorial Day (9:00 a.m. to 8:00 p.m.), Labor Day (9:00 a.m. to 8:00 p.m.), and Christmas (Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m.). In odd numbered years, the Mother shall have custody of the Child for Easter (from Saturday at 4:00 p.m. through Sunday at 4:00 p.m.), Independence Day (from July 4 at 12:00 noon through July 5 at 12:00 noon), and Thanksgiving (from Wednesday at 4:00 p.m. through Thanksgiving Day at 4:00 p.m.). C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 8:00 p.m. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. For summer vacation in 2006, the Mother shall have custody of the Child for two non- consecutive weeks and the maternal grandparent's shall have custody of the Child for one week, upon providing at least two weeks advance notice to the Father. 7. The parties shall participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall participate in a minimum of six sessions. All costs which are not reimbursed by insurance shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within 10 days of the date of this Order to schedule the first session. 8. The parties shall arrange for the Child to engage in therapeutic counseling with a professional to be selected by agreement. The purpose of the counseling for the Child shall be to assist the Child in dealing with issues inherent in being the subject of custodial arrangements and to address developmental issues which are having an impact on the custodial arrangements. The parties shall select the Child's counselor and contact the counselor's office within 10 days of the date of this Order to schedule the first session. All costs of counseling for the Child which are not reimbursed by insurance coverage shall be shared equally between the parties. 9. Except as otherwise specified in this Order, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 10. The parties shall strictly adhere to the exchange times set forth in this Order, recognizing that repeated tardiness for exchanges may result in the adjustment of the scheduled exchange times. 11. Neither party shall use illegal drugs during his or her periods of custody with the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, September 26, 2006 at 8:30 a.m. 14. 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. BY THE COURT, cc: ?Joeth B. Stone, Esquire - Counsel for Mother athan C. Wolf, Esquire - Counsel for Father - - c) ,7J] S E P 2 8 2006 I AMANDA W. CERO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-5861 CIVIL ACTION LAW MICHAEL C. EYER Defendant IN CUSTODY ORDER OF COURT day of pc-tt? 2006, upon AND NOW, this a .-j consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall make arrangements to implement paragraph 8 of the prior Order of this Court dated June 9, 2006, under which the parties shall ensure that the Child receives therapeutic counseling. Within 14 days of the conciliation conference, the parties shall select the counselor for the Child by agreement and shall contact the counselor's office to schedule the first session. The parties shall share any costs of counseling which are not covered by insurance. 2. In order to gradually resume the partial custody arrangements provided in the prior Order of this Court dated June 9, 2006, the Mother shall have custody of the Child for three consecutive weeks, beginning September 29, 2006, from Friday, when the Mother shall pick up the Child at school, through Saturday at 4:00 p.m., unless another exchange time is selected by agreement. Following the Mother's three periods of custody under this provision, the partial custody schedule set forth in the prior Order shall resume, beginning with the full weekend period of custody from Friday, October 20 through Monday, October 23, 2006. 3. Pending further Order of Court or agreement of the parties, the June 9, 2006 Order shall continue in effect. 4. Within 90 days of the date of this Order, counsel for either party may contact the 0Z :C d '-100 90oz AdViG} Or?LCIdd 3Nl JO - Y')-031Y conciliator to schedule a telephone conference or an additional conciliation conference, if necessary. cc: an C. Wolf, Esquire - Counsel for Father izabeth B. Stone, Esquire - Counsel for Mother BY THE COURT, AMANDA W. CERO Plaintiff vs. MICHAEL C. EYER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5861 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Allyson Laura Eyer August 1, 1994 Father 2. A custody conciliation conference was held on September 26, 2006, with the following individuals in attendance: The Mother, Amanda W. Cero, with her counsel, Elizabeth B. Stone, and the Father, Michael C. Eyer, with his counsel, Nathan C. Wolf. 3. The concilator recommends entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator T fl\cust\ceroamandpepemerrelf.wpd I AMANDA W. CERO Plaintiff/Respondent, V. MICHAEL C. EYER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION PETITION FOR EMERGENCY AND SPECIAL RELIEF TO THE HONORABLE, JUDGES OF SAID COURT: The Petitioner, AMANDA W. CERO, by and through her attor- neys, Stone LaFaver & Shekletski, represents the following Petition for Emergency and Special Relief, and avers as follows: 1. The Petitioner, hereinafter referred to as "Mother", is Amanda W. Cero who presently resides and owns a home located at 1916 Arlington Street, Camp Hill, Borough of Camp Hill, Cumberland County, Pennsylvania. She is not a member of the armed forces of the United States of America or of any other country. 2. The Respondent is Michael C. Eyer, who temporarily resides at Macabe Road, Landisburg, Perry County, Pennsylvania, 17040. He is also not a member of the armed forces of the United States of America or any other country. -1- r 3. The parties are the natural parents of one minor daughter, Allyson Laura Eyer, age 13, the subject child of this petition, born out of wedlock on August 1, 1994. 4. A conciliation hearing was held on September 26, 2006, at which time an agreement was reached between the parties. Pursuant to that agreement, this Honorable Court entered an Order dated October 2, 2006, granting primary custody to Father and partial custody rights to Mother. 5. It is believed that jurisdiction is still retained by Cumberland County Court of Common Pleas. 5. Pursuant to that Order, their minor daughter was permitted to transfer to West Perry Middle School, live with Father and his paramour together with her two children from two previous relationships. 6. Mother was contacted by Father on September 5, 2007, and advised Mother that the subject minor daughter was sexually molested by someone named "Kenny" while in his ex-girlfriend's sister custody. 7. Father has refused to give details as to the sexual assault. 8. Mother has learned through relatives that the child has reported that someone gave her alcohol, she got drunk, and "Kenny" "raped" her. 9. The alleged sexual assault at a location that Father routinely used as a regular babysitter (Jo), and, in fact, since the -2- Father's girlfriend, Ida Hartwell, moved out of her own home and moved into her new boyfriend's home, the minor child has lived almost exclusively with this non-relative, Jo, while obviously being placed in peril. 10. The molester is married to the Father's ex-girlfriend's sister where the child has spent most of the summer. 11. Mother contacted every Cumberland and Perry County police department and was informed by an Officer Shoop that her daughter had been taken to the Holy Spirit Hospital for a rape test kit, blocks from the mother's home, yet Mother was not contacted until the next day by the Father who lied and indicated that "Kenny" was already in jail as a result of this and that he had it all under control. 12. According to the police, the perpetrator is still at large and it is therefore believed that the minor is still at risk while she remains in the custody of the Father. 13. Father has refused to give details to Mother regarding the assault and this is indicated by the police officer stating that the reason the Mother had not been called was because the Father had failed to inform the police that she even existed. 14. Mother believes that the child is in imminent harm is she remains with the Father. 15. It is the Mother's understanding that the Father will be evicted from his current location once his ex-girlfriend returns home. -3- 16. It is in the best interests of this minor child to give physical custody immediately to the Mother. 17. Based upon these observations admissions and conversations with the Respondent, Petitioner believes that time is of the essence, and a hearing must be held immediately to stop further harm to her daughter. 18. The Honorable Kevin A. Hess signed the last Order in this docket on October 2, 2006, after the conciliation hearing held on September 26, 2006. 19. Counsel for the Defendant, Nathan Wolfe, Esquire was not contacted due to the emergency nature of this filing. WHEREFORE, the Petitioner prays your Honorable Court to enter an Emergency Order immediately granting primary physical custody to the Petitioner/Mother; order a hearing as soon as possible and any all such just relief. Dated: 1 t ?-t CD"?- Respectfully submitted, STONE LaFAVER &_,?HEKLETSKI Eli e S ne, Esquire 251 41 ridg treet, P.O. Box E ew Cumb land, PA 17070 Teleph e: (717) 774-7435 Atto for Petitioner -4- ?t D 0 g -o AMANDA W. CERO, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00-5861 CIVIL MICHAEL C. EYER, Respondent CUSTODY IN RE: PETITION FOR EMERGENCY AND SPECIAL RELIEF ORDER AND NOW, this r day of September, 2007, an emergency conference is set for Monday, September 10, 2007, at 10:00 a.m. in Chambers of the undersigned. BY THE COURT, A. Hess, J. ?Elizabeth Stone, Esquire For the Plaintiff Nathan C. Wolf, Esquire Ar the Defendant :rlm 1 9C.£W `-d3S101 mv1 Q 3KI 40 AMANDA W. CERO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 00-5861 CIVIL TERM MICHAEL C. EYER, IN CUSTODY Defendant IN RE: PETITION FOR EMERGENCY AND SPECIAL RELIEF ORDER OF COURT AND NOW, this 10th day of September, 2007, the petition for emergency and special relief is granted in part. It is ordered and directed that: 1. The father assure that there be no contact whatsoever between the child, Allyson Laura Eyer, and Kenneth Colon, Jeanette Colon and William Hartwell. 2. The father shall assure that the mother has notice of and an opportunity to participate in any and all aspects of the ongoing investigation regarding recent reports made by the child. 3. No party shall consume alcohol in the presence of the child or immediately prior to taking custody of the child. By the Court, Hess, J. ?izabeth Stone, Esquire For the Plaintiff /athan C. Wolf, Esquire *-ok"X5 For the Defendant : bg IA31 t, I = I WJ ? I d3S LOOT HIlQNOFtIGd Jo 301 1i4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff V. MICHAEL C. EYER, Defendant NO. 2000-5861 Civil Term CIVIL ACTION - LAW IN CUSTODYNISITATION PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE OFFICE OF THE PROTHONOTARY: Kindly withdraw the appearance of Elizabeth B. Stone, Esquireand the firm of Stone, LaFaver and Shekletski, as counsel of record for the Date: 2_8 2iyt, =af F0NE?'AFAV SHEKLETSKI 414 Bridge St .O. E New Cu , PA 17070 Telep o 1) 774-7435 Kindly enter the appearance of Darren J. Holst, Esquire and the firm of Howett, Kissinger & Holst, P.C., as counsel of record for the above-named Plaintiff. Date: A/f Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 o c? L ?f yf ?1..y ?1` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff NO. 2000-5861 CIVIL TERM V. MICHAEL C. EYER, Defendant CIVIL ACTION - LAW IN CUSTODYNISITATION PETITION FOR MODIFICATION OF EXISTING CUSTODY ORDER AND NOW, comes Plaintiff, Amanda W. Cero, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Petition for Modification of Existing Custody Order and in support thereof avers as follows: Petitioner is Amanda W. Cero ("Mother"), Plaintiff in the above-captioned custody action who presently resides at 1916 Arlington Street, Camp Hill, Cumberland County, Pennsylvania. 2. Respondent is Michael E. Eyer ("Father"), Defendant in the above- captioned custody action who is believed to presently reside at 1231 McCabe Road, Landisburg, Perry County, Pennsylvania 17040. 3. The parties are the biological parents of one minor child, Allyson Laura Eyer, age 13, born August 1, 1994. Pursuant to agreed upon orders dated June 9, 2006 and October 2, 2006, the parties share legal custody of their minor child with Father acting as the primary physical custodian. Mother has periods of partial custody. Copies of the June 9t' arid October 2, 2006 custody orders are attached hereto collectively as Exhibit "A" and are incorporated herein by reference thereto. 4. The existing agreed upon custody order permitted Father to relocate to Perry County with the minor child, where the child then lived with Father, his girlfriend, Ida Hartwell, and Ms. Hartwell's two children from a previous relationship. 5. Although Father is the primary physical custodian of the child, Mother has learned that, starting in the summer of 2007, the child would routinely stay overnight at the home of Ida Hartwell's sister, Jeanette Colon (also known as "Jo"), who his approximately 26 years old, rather than with Father; Ms. Colon resides with her father, William Hartwell. 6. On or about August 11, 2007, when the child was again at Ms. Colon's residence, the 13 year old minor child was supplied alcoholic beverages by Ms. Colon. 7. Ms. Colon, too, was allegedly drinking alcoholic beverages that evening, and also present at the home was Ms. Colon's ex-husband, Kenneth Colon, and his new girlfriend. 8. On the evening of August 11, 2007, Ms. Colon allegedly passed out from excessive alcohol consumption, and sometime during that evening, Mr. Colon sexually molested the minor child after she ingested alcoholic beverages. 9. Despite the occurrence of this sexual assault, the minor child apparently continued to stay at Ms. Colon's residence from August 11, 2007 through August 17, 2007 when Mother took the child on vacation. 10. Mother did not learn of this sexual assault until Wednesday, September 5, 2007, when Father contacted her by phone at her employment, at which time he advised Mother he was contacted by police concerning the assault. 2 11. Father did not contact Mother until September 5`'', even though the police approached Father on Tuesday, September 4, 2007 to report the assault. 12. Instead of immediately contacting Mother about the assault, as is required under the shared legal custody provisions of the order, Father and Ms. Hartwell took the minor child to Holy Spirit Hospital, where they had the minor child undergo a rape test; during this procedure Ms. Hartwell posed as the minor child's step-mother. 13. The authorities allegedly learned of the August 11, 2007 sexual assault sometime at or around the time Ms. Colon entered alcohol rehabilitation and around the time Ms. Colon revealed the crime to third persons. 14. Mother had to independently ascertain which police department was investigating the assault due to Father's failure to provide such critical information to her. 15. Mother was also advised by the police that Mr. Colon, the perpetrator of the assault, could not be located and remains at large. 16. According to the police, Mother was not contacted immediately by their office inasmuch as Father never even identified her as a parent having custodial rights. 17. After Mother learned that Father had essentially been permitting the child to reside with Ms. Colon; that the child had been placed into a dangerous situation, which resulted in her being sexually assaulted; and that Father took steps to conceal the crime from Mother and to exclude Mother from the resulting medical investigation, Mother filed a petition for emergency relief on or about September 7, 2007. 3 19. As a result of said petition, the Court entered an order on September 10, 2007, following an in-chambers conference, that directed Father to ensure the minor child had no contact with Ms. Colon, Kenneth Colon and William Hartwell, and that the parties cooperate in all aspects of the ongoing criminal investigation. A copy of the Court's September 10, 2007 order is attached hereto as Exhibit "B" and is incorporated herein by reference thereto. 20. Notably, the September 10' order did not modify the existing custody order in any respects. 21. The best interests and permanent welfare of the minor child would be advanced by modifying the existing custody order to afford Mother primary physical custody, in light of the above as well as, inter alia, the following: (a) Mother believes, and therefore avers, that Father will again be moving, this time to Enola, Cumberland County; since the inception of the existing custody action, Father has made multiple relocations within and without Cumberland County; (b) Father's actions related to his discovery of the sexual assault and his delay in relaying the matter to Mother evidence a wanton disregard of the existing shared legal custody provisions of the order and evidence his desire to exclude Mother from the child's life, thereby destroying the parent/child relationship; (c) Father's actions in handing the minor child off to friends and little known acquaintances, who have knowingly provided the child alcohol and cultivated a dangerous environment for the child, evidence a complete lack of parental judgment and insight required of a primary physical custodian; 4 (d) Of the two parents, Mother is best equipped to provide a more stable and structured environment for the teenage minor child, which is crucial to her ongoing academic performance and physical and emotional development; (e) Of the two parents, Mother is most likely to foster and facilitate a co-parenting relationship between the parties as well as develop and foster a parent/child relationship with Father and the minor child. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order modifying the existing custody order to provide Plaintiff primary physical custody of the child. Respectfully submitted, Date: /y Darren J. olst, Esquire HOWETT, KISSINGER & HOLST P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Amanda W. Cero VERIFICATION I, Amanda W. Cero, hereby swear and affirm that the facts contained in the foregoing Petition for Modification of Existing Custody Order are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 10/4/07 of OF 24z? Amanda W. Cero JUN 0 5 2005 ANNLA, N'DA W. CERO Plaintiff vs. MICHAEL C. EYER Defendant EN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5861 CIVIL ACTION LAW D ;CUSTODY ORDER OF COURT AND NOW, this T day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated October 24, 2005, October 3, 2000 and August 31, 2000 are vacated and replaced with this Order. 2. The Mother, Amanda W. Cero, and the Father, Michael C. Eyer, shall have shared legal custody of Allyson Laura Eyer, born August 1, 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 her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. The Mother shall have equal access to all records, of whatever nature, pertaining to the Child to which the Father has access. Each party shall notify the other party within 24 hours of any medical, dental or counseling appointments scheduled for the Child to enable both parties to attend and participate. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child during alternating weeks from Friday after school or after the Mother's work, through Monday when the Mother shall transport the Child to school or, if there is no school, the Father shall pick up the Child at the maternal grandparent's residence at 10:00 a.m. During the interim weeks, the Mother shall have custody of the Child from Friday after school or after the :Mother's work through Saturday when the Father shall pick up the Child at a time to be arranged by the preceding day. This schedule shall remain in effect pending the follow-up conciliation conference scheduled in this Order, at which time the advisability of expanding the Mother's periods of custody shall be addressed without prejudice to the Mother as a result of the schedule implemented in this Order. L 5. The parties shall share having custody of the Child on holidays as follows: A. Even numbered years: In even numbered years, the Mother shall have custody of the Child on Memorial Day (9:00 a.m. to 8:00 p.m.), Labor Day (9:00 am. to 8:00 p.m.), and Christmas (Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m.). In even numbered years, the Father shall have custody of the Child for Easter (from Saturday at 4:00 p.m. through Sunday at 4:00 p.m.), Independence Day (from July 4 at 12:00 noon through July 5 at 12:00 noon), and Thanksgiving (from Wednesday at 4:00 p.m. through Thanksgiving Day at 4:00 p.m.). B. Odd numbered years: In odd numbered years, the Father shall have custody of the Child on Memorial Day (9:00 a.m. to 8:00 p.m.), Labor Day (9:00 a.m. to 8:00 p.m.), and Christmas (Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m.). In odd numbered years, the Mother shall have custody of the Child for Easter (from Saturday at 4:00 p.m. through Sunday at 4:00 p.m.), Independence Day (from July 4 at 12:00 noon through July 5 at 12:00 noon), and Thanksgiving (from Wednesday at 4:00 p.m. through Thanksgiving Day at 4:00 p.m.). C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from .9:00 a.m. until 8:00 p.m. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. For summer vacation in 2006, the Mother shall have custody of the Child for two non- consecutive weeks and the maternal grandparent's shall have custody of the Child for one week, upon providing at least two weeks advance notice to the Father. 7. The parties shall participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall participate in a minimum of six sessions. All costs which are not reimbursed by insurance shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within 10 days of the date of this Order to schedule the first session. 8. The parties shall arrange for the Child to engage in therapeutic counseling with a professional to be selected by agreement. The purpose of the counseling for the Child shall be to assist the Child in dealing with issues inherent in being the subject of custodial arrangements and to address developmental issues which are having an impact on the custodial arrangements. The parties shall select the Child's counselor and contact the counselor's office within 10 days of the date of this Order to schedule the first session. All costs of counseling for the Child which are not reimbursed by insurance coverage shall be shared equally between the parties. 9. Except as otherwise specified in this Order, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 10. The parties shall strictly adhere to the exchange times set forth in this Order, recognizing that repeated tardiness for exchanges may result in the adjustment of the scheduled exchange times. 11. Neither parry shall use illegal drugs during his or her periods of custody with the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, September 26, 2006 at 8:30 a.m. 14. 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. cc: Elizabeth B. Stone, Esquire - Counsel for Mother Nathan C. Wolf, Esquire - Counsel for Father TR1lr. ^--)?Y FRC;,41 RKelf'D „f a are unto i ?.1y hind In T-.: a ;gal rt at rlisle, ?e. Ti ?... / day f .. . . .... kq BY THE COURT, ?c:? ? d I,7i6 AMA.ti`DA W. CERO Plaintiff vs. MICHAEL C. EYER Defendant IN THE COURT OF COMMON PLEAS OF CV?iBERLAND COUNTY, PENNSYLVANIA 00-5861 CIVIL ACTION LAW Lv CL; STODY ORDER OF COURT n? AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The parties shall make arrangements to implement paragraph 8 of the prior Order of this Court dated June 9, 2006, under which the parties shall ensure that the Child receives therapeutic counseling. Within 14 days of the conciliation conference, the parties shall select the counselor for the Child by agreement and shall contact the counselor's office to schedule the first session. The parties shall share any costs of counseling which are not covered by insurance. 2. In order to gradually resume the partial custody arrangements provided in the prior Order of this Court dated June 9, 2006, the Mother shall have custody of the Child for three consecutive weeks, beginning September 29, 2006, from Friday, when the Mother shall pick up the Child at school, through Saturday at 4:00 p.m., unless another exchange time is selected by agreement. Following the Mother's three periods of custody under this provision, the partial custody schedule set forth in the prior Order shall resume, beginning with the full weekend period of custody from Friday, October 20 through Monday, October 23, 2006. 3. Pending further Order of Court or agreement of the parties, the June 9, 2006 Order shall continue in effect. 4. Within 90 days of the date of this Order, counsel for either party may contact the conciliator to schedule a telephone conference or an additional conciliation conference, if necessary. BY THE COURT, IS, A =' 1)'101% 1 Kevin A Hess J. cc: Nathan C. Wolf, Esquire - Counsel for Father Elizabeth B. Stone, Esquire - Counsel for Mother TRUE COPY FROM RECORD In Testimony '^to set my hand. 000 111 LP& ........... ay a in Y-',--HA---L E-YER, Defendant Ih C ;STOLY IN RE: PETITION FOR EMERGENCY AN S=ECIAL RELIE:? ORDER OF COURT AND NOW, this 10th day of September, 2007, the petition for emergency and special relief is granted in part. It is ordered and directed that: 1. The father assure that there be no contact whatsoever between the child, Allyson Laura Eyer, and Kenneth Colon, Jeanette Colon.and William Hartwell. 2. The father shall assure that the mother has notice of and an opportunity to participate in any and all aspects of the ongoing investigation regarding recent reports made by the child. 3. No party shall consume alcohol in the presence of the child or immediately prior to taking custody of the child. By the Court, Elizabeth Stone, Esquire For the Plaintiff Nathan C. Wolf, Esquire t,e Defendant .bg /? Kevin' A. Hess, J. In T 3C rtw hand an t e sPa PQ, rt? ..... 3 67 thonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff V. MICHAEL C. EYER, Defendant NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODYNISITATION CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Amanda W. Cero, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition for Modification of Existing Custody Order was served upon Nathan C. Wolf, Esquire, counsel for Michael C. Eyer, Defendant, by depositing same in the United States mail, first class, on October 4, 2007, addressed as follows: Date: D A/ 14--') Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Darren J. Hols , Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Amanda W. Cero K`', r? ? i] 8 f ' ,. ? tr ? p s ? ?. ? \ ,, . i AMANDA W. CERO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL C. EYER DEFENDANT 2000-5861 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, October 15, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, November 07, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Ems. 0_1 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 Pv 0 1,11 r_o Ire, .Zj V18 9Z jtl DEC 17 2007 °' AMANDA W. CERO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2000-5861 CIVIL ACTION LAW MICHAEL C. EYER Defendant IN CUSTODY ORDER OF COURT AND NOW, this / 9 day of ?t1P,?? , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. '/ of the Cumberland County Courthouse on the I V4 day of , 2008, at o'clockam at which time testimony will be taken. For purposes of the hearing, the Mother, Amanda W. Cero, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the hearing date. 2. The parties shall contact the Child's counselor to schedule a conference call for which both parents are available and participating. The purpose of the conference call shall be to obtain recommendations from the counselor as to the frequency of the Child's counseling sessions and the necessity of other referrals as well as insurance payment arrangements therefore. All costs of the Child's counseling which are not covered by insurance shall be shared equally between the parties. BY THE COURT, 41 cc: ? Za en J. Holst, Esquire - Counsel for Mother an C. Wolf, Esquire - Counsel for Father V n/A. Hess J. VIt VA 4 kSNN3d C 0 :11 WV 61 330 LOOZ VJ"HIC1id 3RL 40 j!xLlo-au AMANDA W. CERO Plaintiff VS. MICHAEL C. EYER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2000-5861 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Allyson L. Eyer August 1, 1994 Father 2. A custody conciliation conference was held on November 29, 2007, with the following individuals in attendance: the Mother, Amanda W. Cero, with her counsel, Darren J. Holst, Esquire, and the Father, Michael C. Eyer, who appeared at the conference without counsel. The Father had been represented by Nathan C. Wolf, Esquire in this matter. 3. The Mother filed this Petition for Modification based on an incident which occurred with regard to the Child in August 2007 and was subsequently the subject of an investigation by Children and Youth Services resulting in an indicated report involving an unrelated third party. The Mother sought to have a custody evaluation to be performed by Arnold Shienvold to determine how to best meet the Child's needs at this time. The Father requested that this Report and Order be held until he had time to consult with his attorney. Subsequently, the Father informed the Conciliator that he was not agreeable to a custody evaluation by any evaluator other than Debra Salem who had previously evaluated the family. 4. In light of the lack of agreement to attempt to resolve the matter through a custody evaluation by Arnold Shienvold, the Mother's counsel requested that a hearing be scheduled at this time. It is anticipated that the Mother's counsel will be filing a Motion with the Court requesting that the Father be ordered to participate in such an evaluation prior to a hearing. N , 5. The Mother's position on custody is as follows: The Mother believes that the Father placed the Child in danger with a third party, who was later determined to be the perpetrator of abuse through the investigation conducted by Children and Youth Services. The Mother does not believe that the Father adequately provides supervision for the Child and expressed concern that the Father was not taking the incident which occurred seriously enough. Finally, the Mother expressed concern that the Father did not notify her of the incident in a timely manner and failed to identify the Mother as the Child's parent during the police investigation. The Mother believes that the Child has ongoing problems resulting from the Father's failure to provide appropriate care. The Mother feels that it is necessary, due to the serious nature of the Child's exposure to abuse that a full custody evaluation be initiated with Arnold Shienvold. 6. The Father's position on custody is as follows: The Father believes that he is addressing concerns related to the Child and that the situation is substantially improved. The Father does not believe that he was at fault in any way in connection with the incident of abuse but feels that the Mother is using this situation to continue to initiate repeated legal proceedings with regard to the custodial arrangements. The Father does not believe an evaluation is necessary at this time, but would agree to participate in a supplemental evaluation conducted by the parties' prior evaluator, Debra Salem. 7. The conciliator recommends an Order in the form as attached reflecting the parties' agreements as to handling counseling for the Child and scheduling a hearing on the Mother's Petition for Modification. Again, it is anticipated that the Mother's counsel will file a request for an Order requiring the Father to participate in a custody evaluation to be conducted by Arnold Shienvold prior to a hearing. 7 Date Dawn S. Sunday, Esquire Custody Conciliator v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff V. MICHAEL C. EYER, Defendant NO. 2000-5861 CIVIL ACTION - LAW IN CUSTODYNISITATION PLAINTIFF'S PETITION FOR CUSTODY EVALUATION PURSUANT TO Pa.R.Civ.P. 1915.8 AND NOW, comes Plaintiff, Amanda W. Cero, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Petition for Custody Evaluation Pursuant to Pa.R.Civ.P. 1915.8 and in support thereof avers as follows: Petitioner is Amanda W. Cero ("Mother"), Plaintiff in the above-captioned custody action. 2. Respondent is Michael C. Eyer ("Father"), Defendant in the above- captioned custody action. The parties are the biological parents of one minor child, Allyson Laura Eyer, age 13, born August 1, 1994; pursuant to an existing custody order, the parties share legal custody with Father acting as primary physical custodian. 4. On August 11, 2007; the minor child was in the care of a friend of Father, and said friend supplied the minor child with alcoholic beverages; the owner of the house who supplied the alcoholic beverages has been charged criminally for her actions. That night, while the child remained in the friend's care and under the influence of alcohol, the child was sexually assaulted; the person who committed the act has been charged criminally but is believed to remain at large. 6. As a result of said incident, and Father's actions following his learning of said incident, Mother filed a Petition for Special Relief dated September 10, 2007; that day, the Court, per the Honorable Kevin A. Hess, entered an order maintaining the current custody arrangement but directing that the minor child not have contact with the individuals who were present at the home during the sexual assault. 7. Thereafter, on October 5, 2007, Mother filed a Petition for Modification of Existing Custody Order, and on November 29, 2007, a conciliation conference was held before Dawn Sunday, Esquire. A copy of Mother's Petition is attached hereto as Exhibit "A" and is incorporated herein by reference thereto. 8. At said conciliation conference,. Mother requested Father's agreement to engage Dr. Arnold T. Shienvold of Riegler, Shienvold & Associates to perform a comprehensive custody evaluation. 9. Father did indicate his willingness to have an evaluation performed, but he is unwilling to agree to jointly retain Dr. Shienvold and share in the cost of an evaluation. 10. Pursuant to Rule 1915.8 of the Pennsylvania Rules of Civil Procedure, the Court may order the children and the parties to submit to and fully participate in an evaluation, including, but not limited to, a comprehensive custody evaluation. 2 11. A comprehensive custody evaluation by Dr. Arnold T. Shienvold, a licensed psychologist who is the preeminent custody evaluator in Central Pennsylvania, is imperative in this case in light of, inter alia, the following: (a) The minor child has most certainly experienced significant emotional trauma as a result of the sexual assault, which assault did result in an indicated report by the Perry County Children and Youth Services; (b) The child has recently made threats of suicide, and Mother has become aware of a pattern of alcohol and drug use by the minor child while in Father's custody dating back to this past summer; and (c) Mother has concerns about Father's parental judgment and stability as primary physical custodian. 12. It is crucial for a licensed psychologist to evaluate the parties and the minor child in order to ascertain the child's current emotional state and how that relates to the custodial arrangement that will effectuate the child's best interests. 13. Mother believes, and therefore avers, that the parties should be equally responsible for the cost of any evaluation in light of the significant issues that exist. 14. Under the law, this Court is obligated to make a full and exhaustive record when this case proceeds to hearing, and a custody evaluation, particularly the recommendations of the evaluator who has the luxury of spending significant time with the child and the parties, is a critical piece of evidence necessary in order for this Court to develop an exhaustive record. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order directing the following: That the parties and the minor child participate in, and avail themselves to, a comprehensive custody evaluation to be performed by Dr. Arnold T. Shienvold of Riegler, Shienvold & Associates, 2151 Linglestown Road, Suite 200, Harrisburg, PA 17110. 2. That the cost of said evaluation be allocated equally between the parties. That an evaluator make specific recommendations as to what legal and physical custodial arrangement is in the best interests of the minor child. 4. Any other relief that the Court deems equitable and appropriate under the circumstances. Date: / Z4 / D 7 Respectfully submitted, Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Amanda W. Cero 4 0- VERIFICATION I, Amanda W. Cero, hereby swear and affirm that the facts contained in the foregoing Plaintiff's Petition for ,Custody Evaluation Pursuant to Pa.R.Ci.V.P. 1915,8 are true and, correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 12/20/07 - 121? ?22d zf.&,f AYA ZZ), 64 0 anda W. Cero AMANDA W. CERO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2000-5861 CIVIL ACTION LAW MICHAEL C. EYER --? n, IN CUSTODY -- DEFENDANT C_7 ORDER OF COURT AND NOW, Monday, October 15, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, November 07, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. q Vr) Custody Conciliator -r 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 r r" Darren J. Hoist, Esquire HOWETT. KISSI\GER &: HOLST. P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Amanda W. Cero ZT - 62DQZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLtiTY, PE TNTSYLV:AN-L-k AMANDA W. CERO, Plaintiff V. MICHAEL C. EYER, Defendant NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODYNISITATION ORDER OF COURT AND NOW, , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2007, at .in., 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. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required 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. l r? YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW-Y ER OR CA_NNOT 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, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required 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. i r M. IN THE COURT OF CO?I?ION PLEAS OF CL-*vIBERLAND COUNTY. PENNSYLVANL4 A-MA.NDA W. CERO. Plaintiff v. MICHAEL C. EYER, Defendant NO. 2000-5561 CIVIL. TERM ) CIVIL ACTION - LAW IN CUSTODYNISITATION PETITION FOR MODIFICATION OF EXISTING CUSTODY ORDEr AND NOW, comes Plaintiff, Amanda W. Cero, by and through her counsel, ftiwett,,', Kissinger & Holst, P.C., who hereby files the instant Petition for Modification of Exitf g Custody Order and in support thereof avers as follows: n, 0 771 t I, --c 1. Petitioner is Amanda W. Cero ("Mother"), Plaintiff in the above-captioned custody action who presently resides at 1916 Arlington Street, Camp Hill, Cumberland County, Pennsylvania. 2. Respondent is Michael E. Eyer ("Father"), Defendant in the above- captioned custody action who is believed to presently reside at 1231 McCabe Road, Landisburg, Perry County, Pennsylvania 17040. 3. The parties are the biological parents of one minor child, Allyson Laura Eyer, age 13, born August 1, 1994. Pursuant to agreed upon orders dated June 9, 2006 and October 2, 2006, the parties share legal custody of their minor child with Father acting as the primary physical custodian. Mother has periods of partial custody. Copies of the June 9" and October 2, 2006 custody orders are attached hereto collectively as Exhibit "A" and are incorporated herein by reference thereto. r F I. The existing agreed upon custody order permitted Father to relocate to Perrv Countv with the minor child. where the child then lived with Father, his girlfriend. Ida Hartwell, and Nis. Hartwell's two children from a previous relationship. 5. Although Father is the primary physical custodian of the child. Mother has learned that, starting in the summer of 2007, the child would routinely stay overnight at the home of Ida Hartwell's sister, Jeanette Colon (also known as "Jo"), who his approximately 26 years old, rather than with Father; Ms. Colon resides with her father, William Hartwell. 6. On or about August 11, 2007, when the child was again at Ms. Colon's residence, the 13 year old minor child was supplied alcoholic beverages by Ms. Colon. 7. Ms. Colon, too, was allegedly drinking alcoholic beverages that evening, and also present at the home was Ms. Colon's ex-husband, Kenneth Colon, and his new girlfriend. 8. On the evening of August 11, 2007, Ms. Colon allegedly passed out from excessive alcohol consumption, and sometime during that evening, Mr. Colon sexually molested the minor child after she ingested alcoholic beverages. 9. Despite the occurrence of this sexual assault, the minor child apparently continued to stay at Ms. Colon's residence from August 11, 2007 through August 17, 2007 when Mother took the child on vacation. 10. Mother did not learn of this sexual assault until Wednesday, September 5, 2007, when Father contacted her by phone at her employment, at which time he advised Mother he was contacted by police concerning the assault. 2 Y, 1# ': l . Father did not contact Mother until September 5', even though the police approached Father on Tuesday. September 4. 2007 to report the assault. 12. Instead of immediately contacting Mother about the assault. as is required under the shared legal custody provisions of the order, Father and Nis. Hamvell took the minor child to Holy Spirit Hospital, where they had the minor child undergo a rape test; during this procedure Ms. Hartwell posed as the minor child's step-mother. 13. The authorities allegedly learned of the August 11, 2007 sexual assault sometime at or around the time Ms. Colon entered alcohol rehabilitation and around the time Ms. Colon revealed the crime to third persons. 14. Mother had to independently ascertain which police department was investigating the assault due to Father's failure to provide such critical information to her. 15. Mother was also advised by the police that Mr. Colon, the perpetrator of the assault, could not be located and remains at large. 16. According to the police, Mother was not contacted immediately by their office inasmuch as Father never even identified her as a parent having custodial rights. 17. After Mother learned that Father had essentially been permitting the child to reside with Ms. Colon; that the child had been placed into a dangerous situation, which resulted in her being sexually assaulted; and that Father took steps to conceal the crime from Mother and to exclude Mother from the resulting medical investigation, Mother filed a petition for emergency relief on or about September 7, 2007. 3 a s 19. As a result of said petition. the Court entered an order on September 10, 2007, following an in-chambers conference. that directed Father to ensure the minor child had no contact with Ms. Colon, Kenneth Colon and William Hartwell. and that the parties cooperate in all aspects of the ongoing criminal investigation. A copy of the Court's September 10.200- order is attached hereto as Exhibit "B" and is incorporated herein by reference thereto. 20. Notably, the September 10`h order did not modify the existing custody order in any respects. 21. The best interests and permanent welfare of the minor child would be advanced by modifying the existing custody order to afford Mother primary physical custody in light of the above as well as, inter alia, the following: (a) Mother believes, and therefore avers, that Father will again be moving, this time to Enola, Cumberland County; since the inception of the existing custody action, Father has made multiple relocations within and without Cumberland County; (b) Father's actions related to his discovery of the sexual assault and his delay in relaying the matter to Mother evidence a wanton disregard of the existing shared legal custody provisions of the order and evidence his desire to exclude Mother from the child's life, thereby destroying the parent/child relationship; (c) Father's actions in handing the minor child off to friends and little known acquaintances, who have knowingly provided the child alcohol and cultivated a dangerous environment for the child, evidence a complete lack of parental judgment and insight required of a primary physical custodian; 4 ?r (d) Of the two parents. Mother is best equipped to provide a more stable and structured environment for the teenasze minor child. which is crucial to her ongoing academic performance and physical and emotional development: (e) Of the two parents. Mother is most likely to foster and facilitate a co-parenting relationship between the parties as well as develop and foster a parentichild relationship with Father and the minor child. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order modifying the existing custody order to provide Plaintiff primary physical custody of the child. Respectfully submitted, Date: 16 X//,0 7 4D=7-iol-st, Esquire HOWETT, KISSINGER & HOLST P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Amanda W. Cero 5 01 VERIFICATION I, Amanda W. Cero, hereby swear and affirm that the facts contained in the foregoing Petition for Modification of Existing custody order are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 10/4/07 /1 'W 7 ?zo Amanda W. Cero JUN 0 5 ZGob a A.NU.NDA W. CERO Plaintiff., vs. MICHAEL C. EYER Defendant I"i THE COURT OF COMINIOti PLEAS OF CL'N1BERLA I) COG'TY, PENNSYLVANIA 00-5861 CIVIL ACTION LAW D ;CUSTODY ORDER OF COURT AND NOW, this 1 day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated October 24, 2005, October 3, 2000 and August 31, 2000 are vacated and replaced with this Order. 2. The Mother, Amanda W. Cero, and the Father, Michael C. Eyer, shall have shared legal custody of Allyson Laura Eyer, born August 1, 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 her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. The Mother shall have equal access to all records, of whatever nature, pertaining to the Child to which the Father has access. Each party shall notify the other party within 24 hours of any medical, dental or counseling appointments scheduled for the Child to enable both parties to attend and participate. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child during alternating weeks from Friday after school or after the Mother's work, through Monday when the Mother shall transport the Child to school or, if there is no school, the Father shall pick up the Child at the maternal grandparent's residence at 10:00 a.m. During the interim weeks, the Mother shall have custody of the Child from Friday after school or after the Mother's work through Saturday when the Father shall pick up the Child at a time to be arranged by the preceding day. This schedule shall remain in effect pending the follow-up conciliation conference scheduled in this Order, at which time the advisability of expanding the Mother's periods of custody shall be addressed without prejudice to the Mother as a result of the schedule implemented in this Order. L The parties shall share having custody of the Child on holidays as follows: A. Even numbered years: In even numbered years, the Mother shall have custody of the Child on Memorial Dav (9:00 a.m. to 8:00 p.m.), Labor Day (9:00 a.m. to 8:00 p.m.), and Christmas (Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m.). In even numbered years, the Father shall have custody of the Child for Easter (from Saturday at 4:00 p.m. through Sunday at 4:00 p.m.), Independence Day (from July 4 at 12:00 noon through July 5 at 12:00 noon), and Thanksgiving (from Wednesday at 4:00 p.m. through Thanksgiving Day at 4:00 p.m.). B. Odd numbered years: In odd numbered years, the Father shall have custody of the Child on Memorial Day (9:00 a.m. to 8:00 p.m.), Labor Day (9:00 a.m. to 8:00 p.m.), and Chuistmas (Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m.). In odd numbered years, the Mother shall have custody of the Child for Easter (from Saturday at 4:00 p.m. through Sunday at 4:00 p.m.), Independence Day (from July 4 at 12:00 noon through July 5 at 12:00 noon), and Thanksgiving (from Wednesday at 4:00 p.m. through Thanksgiving Day at 4:00 p.m.). C. Mother's Day/Father's Da v: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from .9:00 a.m. until 8:00 p.m. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. For summer vacation in 2006, the Mother shall have custody of the Child for two non- consecutive weeks and the maternal grandparent's shall have custody of the Child for one week, upon providing at least two weeks advance notice to the Father. 7. The parties shall participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall participate in a minimum of six sessions. All costs which are not reimbursed by insurance shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within 10 days of the date of this Order to schedule the first session. 8. The parties shall arrange for the Child to engage in therapeutic counseling with .a professional to be selected by agreement. The purpose of the counseling for the Child shall be to assist the Child in dealing with issues inherent in being the subject of custodial arrangements and to address developmental issues which are having an impact on the custodial arrangements. The parties shall select the Child's counselor and contact the counselor's office within 10 days of the date of this Order to schedule the first session. All costs of counseling for the Child which are not reimbursed by insurance coverage shall be shared equally between the parties. 9. Except as otherwise specified in this Order, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. ft? r 10.1 The parties shall strictly adhere to the exchange times set forth in this Order, recognizing that repeated tardiness for exchanges may result in the adjustment of the scheduled exchange times. 11. Neither party shall use illegal drugs during his or her periods of custody with the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 12. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties haying contact with the Child comply with this provision. 13. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, September 26, 2006 at 8:30 a.m. 14. 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. cc: Elizabeth B. Stone, Esquire - Counsel for Mother Nathan C. Wolf, Esquire - Counsel for Father 7n Z BY THE COLiRT, TR'.1?: ??Y FRC A RECOF-D ..,i_recf, ! re unrj,et ny `t0d M C Cr 9 ? ; ?F i .kMAINDA W. CERO LN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAINI) COLNTY, PEN'tiSYLVAti'IA vs, 00-5861 CIVIL ACTION LAW MICHAEL C. EVER Defendant D CUSTODY ORDER OF COURT n? AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall make arrangements to implement paragraph 8 of the prior Order of this Court dated June 9, 2006, under which the parties shall ensure that the Child receives therapeutic counseling. Within 14 days of the conciliation conference, the parties shall select the counselor for the Child by agreement and shall contact the counselor's office to schedule the first session. The parties shall share any costs of counseling which are not covered by insurance. 2. In order to gradually resume the partial custody arrangements provided in the prior Order of this Court dated June 9, 2006, the Mother shall have custody of the Child for three consecutive weeks, beginning September 29, 2006; from Friday, when the Mother shall pick up the Child at school, through Saturday at 4:00 p.m., unless another exchange time is selected by agreement. Following the Mother's three periods of custody under this provision, the partial custody schedule set forth in the prior Order shall resume, beginning with the full weekend period of custody from Friday, October 20 through Monday, October 23, 2006. 3. Pending further Order of Court or agreement of the parties, the June 9, 2006 Order shall continue in effect. 4. Within 90 days of the date of this Order, counsel for either party may contact the Mk conciliator to schedule a telephone conference or an additional conciliation conference, if necessary. BY THE COURT, !s -?Jm -0? Kevin A Hess J. cc: Nathan C. Wolf, Esquire - Counsel for Father Elizabeth B. Stone, Esquire - Counsel for Mother 1i TRUE COPY FR atimony . ` r a 41 of ............... . 47` 1 1. OM RECORD r, „^to set my hand. 1is Pa. t Soo, !X ?4 ?F Defendar t IN RE: PETI'T'ION FOR. EMERGENCY ORDER OF COURT AND NOW, this 10th day of September, 2007, the petition for emergency and special relief is granted in part. It is ordered and directed that: 1. The father assure that there be no contact whatsoever between the child, Allyson Laura Eyer, and Kenneth Colon, Jeanette Colon and William Hartwell. 2. The father shall assure that the mother has notice of and an opportunity to participate in any and all aspects of the ongoing investigation regarding recent reports made by the child. 3. No party shall consume alcohol in the presence of the child or immediately prior to taking custody of the child. By the Court, Elizabeth Stone, Esquire For the Plaintiff Nathan C. Wolf, Esquire the De`endant :bg 4 X??4 Kevin' A. Hess, J. TRIM. CI-pv In T vr.K a. MY ?Dhand an t e st"s: r: s. L Pa. 67 1` THE COURT OF COMMON PLEAS OF CLtitBERLA.`-D COUNTY, PENNSYLVANIA A- ANDA W. CERO Plaintiff ) V. } MICHAEL C. EYER, ) Defendant ) `O. 2000-5861 CIVIL TERM CIVIL ACTION - LAW 13N CUSTODY/VISITATION CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Amanda W. Cero, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition for Modification of Existing Custody Order was served upon Nathan C. Wolf, Esquire, counsel for Michael C. Eyer, Defendant, by depositing same in the United States mail, first class, on October 4, 2007, addressed as follows: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Date: U D Darren J. Hols , Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Amanda W. Cero It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff ) V. ) MICHAEL C. EYER, ) Defendant ) NO. 2000-5861 CIVIL ACTION - LAW IN CUSTODYIVISITATION CERTIFICATE OF SERVICE 1, Darren J. Holst, Esquire, counsel for Amanda W. Cero, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition for Custody Evaluation Pursuant to Pa. R.Civ.P. 1915.8 was served upon Nathan C. Wolf, Esquire, counsel for Michael C. Eyer, Defendant and Michael C. Eyer, by depositing same in the United States mail, first class, on December 20, 2007, addressed as follows: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 (prior counsel who remains counsel of record) Michael C. Eyer 1231 McCabe Road Landisburg, PA 17040 (who appeared pro se at the conciliation) Date: Darren J. Hoist, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Amanda W. Cero O J o od ? -?C r-a ?-} ...: s J ' T .-? ?`' ? f ? ? T""' ?47 ?? t .. ..?,n =? ..LL..** yl ? ?. t -,? -? `• , ` x C,J - ? It ..' 1 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT AMANDA W. CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHAEL C. EYER, NO. 2000-5861 CIVIL TERM Defendant : IN CUSTODY ANSWER TO PETITION FOR CUSTODY EVALUATION PURSUANT TO Pa.R.C.P.1915.8 AND NEW MATTER AND NOW, comes the respondent, Michael Eyer, by his attorney, Nathan C. Wolf, Esquire, and presents the following Answer to Petition for Custody Evaluation Pursuant to Pa.RC.P.1915.8 And New Matter, representing as follows: Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. The averments are admitted to the extent that they accurately describe the events of August 11, 2007. However, Respondent submits that the child was in the care of the friend of Father after having been dropped off at the residence by Petitioner without Respondent's knowledge. 5. Admitted. 6. Denied as stated. It is admitted that Petitioner filed a Petition for Special Relief on September 10, 2007, and that an Order was entered by the Court as averred, however it is important to note that Respondent was present with counsel for the hearing on said Petition, and agreed to the entry of the Order of September 10, 2007 because at the time of the hearing on said petition Respondent had already taken steps to ensure that the child would have no contact with the individuals who were in the house at the time of the attack A It 4.1 7. Admitted. 8. Admitted. 9. Denied as stated. It is admitted that Father was willing to have an evaluation performed, and that he was unwilling to jointly retain Dr. Shienvold, however, Father was willing to jointly retain Deborah Salem to provide an updated custody evaluation, as she had already prepared an evaluation of the parties dated March 10, 2006. (A true and correct copy of which is attached hereto as Exhibit A) 10. Admitted. 11. Denied. It is specifically denied that a comprehensive custody evaluation performed by Dr. Arnold T. Shienvold is imperative in this case because, the parties had been evaluated by Deborah Salem whose report was issued in March of 2006, and who is aptly qualified to update the prior evaluation in light of the events of this summer and it is averred that while Dr. Shienvold is an experienced and well qualified custody evaluator, he is not the sole professional capable of performing an evaluation. (a) The averment concerning the "indicated" finding by Perry County Children and Youth Services is admitted and it is likewise admitted that the child has experienced an emotional trauma as a result of the assault, but the extent of the trauma has not been fully established by a mental health professional and any characterization to the contrary is denied. (b) Mother's observations of the child's mental state are reflective of the long- standing difficulties Mother and child have had in their relationship, independent of the attack in August, 2007. Thus it is denied that the child has made any statement other than a veiled reference to suicide in response to frustration the child had with Mother. The child has been seen by a counselor since the attack and to the best of Father's knowledge there is no acute concern related to an actual suicidal tendency. As to Mother's averment concerning drug and alcohol use by the child while in the custody of Father dating back to this past summer, such averments are specifically denied and proof in support thereof is demanded at trial. c. 1 T (c) It is admitted that Mother has concerns about Father's parental judgment and stability as primary physical custodian, however, Father denies that such concerns are in any waywell founded, and in support thereof submits that Mother has consistently raised concerns that have been explored by the Court, as well as by the custody evaluator, Deborah Salem 12. Denied. It is specifically denied that the parties' prior evaluator is not qualified to perform an updated custody evaluation and that the instant petition represents Mother attempt to simply find a different professional who she believes will offer recommendations which tend to favor Mothers claim for primary custody, rather than accepting the recommendations of a qualified individual which concluded that Father was an appropriate primary custodian and whose recommendations were offered in support of the child's best interests. Furthermore, it is respectfully submitted that Deborah Salem is aptly qualified to perform an updated custody evaluation should the Court determine such an evaluation necessary. 13. Denied as stated. Father submits that Mother's attempt to obtain an alternative result of a custody evaluation should not result in a financial burden upon Father. On the contrary, should the Court direct that an evaluation be performed by Dr. Shienvold, Father submits that the cost of such evaluation should be bome by Mother entirely. Nevertheless, Father is willing to share equally in the cost of obtaining an updated evaluation by Deborah Salem, which would be more cost effective and efficient for the parties, as Ms. Salem already possesses a detailed background with the parties and the child. 14. The averments of paragraph 14 represent a conclusion of law to which no response is required. While counsel accurately describes the duty of the Court in developing a record, and the relative importance of a custody evaluation in the Court's ultimate determination, the facts of the present case do not warrant requiring the parties and the child to begin the evaluation process with a new evaluator, particularly when an evaluation was performed by Deborah Salem in 2006. 15. The averments contained the responses to paragraphs 1-14 are incorporated by reference. 'J Is 16. In November 2005, Mother filed a Petition for Modification seeking primary physical custody of the child. 17. The parties appeared for a conciliation conference concerning said petition on November 29, 2005 at which time the parties agreed to submit to a custody evaluation performed by Deborah Salem, LPC, and the cost of which was to be split by the parties equally. 18. The parties each participated in the evaluation process and a report was authored in March 2006. 19. On May 30, 2006, the parties appeared for another conciliation conference, at which time they entered into an agreement providing for shared legal custody and primary custody with Father, along with a detailed holiday schedule and agreement participate in co-parenting counseling sessions. 20. While the parties were scheduled to appear at a subsequent conciliation conference on September 26, 2006, no such conference was held and until the filing of the petition for special relief in September 2007, no activity occurred in the case. 21. Father submits that Mother is presently attempting to circumvent the recommendations of the prior evaluator because the recommendations did not favor her claim for primary custody. 22. Father submits that Mother's attempt to force the case to a different evaluator is to obtain an opinion which she believes would favor her claim for primary custody. 23. Father is willing to participate and share the cost of an updated evaluation by the prior evaluator, and offers that the child was comfortable with Deborah Salem during the prior evaluation and that in order to obtain an accurate recommendation, that the child must be comfortable with the evaluation process. 24. Father has done nothing to permit or condone any substance abuse by the child, and he has acted in cooperation with the police investigating the attack on the child, and believes that he has acted appropriately in doing so. I / A 25. Father has ensured that the child has no contact with any of those individuals responsible for her consumption of alcohol or the attack itself. 26. Father believes that Mother is simply attempting to take advantage of the attack and it effects to again make a claim for primary physical custody. 27. The child has adamantly voiced her preference to remain in the primary custody of Father. 28. Father respectfully submits that the Court should deny the petition of Mother in part by directing the parties to cooperate and share equally in the cost of obtaining an updated custody evaluation performed by Deborah Salem in lieu of directing an evaluation to be performed by Dr. Shienvold. 29. Father believes that such relief is in the child's best interests. WEEREFORE, Respondent, Michael Eyer, respectfully prays that in the event this Honorable Court deems an updated evaluation necessary, that the Court issue an Order directing the parties to submit themselves for an updated custody evaluation performed by Deborah Salem, LPC, the cost of which shall be borne equally, that the evaluator shall be directed to make recommendations as to what legal and physical custody arrangement is in the best interests of the child and any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF December Z 7 , 2007 NATHA.W 9 ,WOLF Attorney or Defendant SUPREME COURT ID. NO. 87380 10 West High Street CARLISLE PA 17013 (717) 241-4436 I 11-e -x 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-CS. Section 4904, relating to unsworn falsification to authorities. Dated: December _L l, 2007 U x Clinical Director 1 NT Deborah L. Salem, CAC, L PC Associates Anthea L. Stebbins, L SW VV 4335 North Front St Harrisburg PA 17110 Tel 717-2364630 Fax 717-2354677 BRIEF CO-PARENTING ASSESSMENT per: Amanda Cere Attorney: Eliube& Stone, Esq. Defendant: Michael Eyer Attorney: Nathan C. Wolfe, Esq. Me Minor Child: Allman L. Eyer, Age 119, DOB WIA4 Docket No.: 00-58+61 Civil Action Law, Custody, Cumberland County ID & INFORMATION AND PROCEDURE ? 'I'bis assessment was completed upon the 12/6105 Order of the Honorable Kevin A. Hess of the cVt Cumberland County Court of Common Pleas. The court order followed a November 29, 2005 7R conciliation conference. Its purpose was to discern the most appropriate custodial schedule for Allison Eyer, the minor child of Amanda Cero and 1Vlichael Eyer. In addition to custody + recommendations, the asst was also to determine whether or not co -parenting counseling Pj? wO uld be advisable and whether or not a full drug and alcohol evaluation or psychological evalua don was warranted for either or both parentss- With regard to procedure, both parents were interviewed one time for one hour. Father was interviewed a second time with his fiancbe, Ida Hartwell, in order t0 assess the stability of their --- rip and its unpacton Allisaua's custody. Both parents also completed several questiaamaires regarding their psychhosocial hiseary, their mental sue, their history of chemical ® use and abuse, their perceptions of the custody strain, and their attempts to remedy the custody A strain pvw to this asses swmmt. In addition, Amanda Eyea: was interviewed on two separate occasions, once aooo--I - -red by her father and once accompanied by her mother. Prior to + Allison's individual sesmus, she was observed for one hour with each of her parents. In the observation with bet father, it is noteible that Ida Hartwell and her two sons were also present. ,y W-ah recd to a and Itt m the following inf on was reviewed: 1. A synopsis of therapy for Allison and Amanda by Mary 7o Devlin, MSW; 2. A photo album with pictures of Allison and her father; 3. A report card for Allison for the 2004-2005 school year and results of her PSFA Standardised Test for the 2005 school year as well as various docuunents noting Allison's academic excellence; 4. Anecdotal items fivm Moan su;4=tmg her desire to move to Landisburg; and 5. Court Orders and attorney correspondence regarding the current custody issues. '"` Page 1 of 14 mpp- ebb pies c? ON lae C? is st?° is f pa1i i s1 t tow n g o' bis ?a,cnty a plU ?ehe? 1.otbet ism to to ?,?o?s4?` si w '?S 5 bo i;s ons onbvt loost of 10 n Wile's On,?"?"p ?to ° wb& %? s.40000 `' ba,? its . ebtonip P,mwol' of vb otb b? beU 1e w bso alts` 1wo0,oo? ° ?,s ?" sobOO sucb ; ?? c?yit;ty VOW. sbF, aobso- fog dill - F° ,tbX o 00 SbOl pJ1 s ue." tb ?otvo NIO Of y"a? the'?`se?, *0 00 Ic On V110 Moo'! sbe acs Iva if it vo b the inf°?• bow % ? °? I& W . mes ? • eO °f of oos ` its. p°" p J1 be'° wb?` sbe da. ?' ? s Eby f bO VbO '°?,b?s ;rwa SA loin vo not t , $o ? ;cla?°'? f,by too yy?on assotto ?• 0 $04 i?'°0°?s NIS ' sbc VA t bO 00 fvo?Aas is °?""ico?ajtou ?+?' e v,14 rbilda e?ib AU's sbO 9314 s ?s 1 , s ro , s ?bPVO' sbe eq I?1s tvsaS aVbA be ??bU? A ad Sol N- ? dAlp sec! 9vatio'?` the Co' .la? n$tbax sn s . ? &us f $° ` act, wow was SO ? ly bo It DOO ? b is t1 ' v wed ?f S?b ?av y t is 000 icy n ? sbOV' o?? ? ?y rG4?".- _s, ?,$ ? pffi?i0 , ly of aw- L y a lose utVa Ate" - ,tea tco4? Nikes by son j$e to N% c,?•'"- tb ` n$ at opt voe 0 w? tl A v s sue is a a Sbe o OSSOI vest of 05" 1 is §WO 904VO itisb be 01W 0 vre b ° a ?pC1 C' SAO- dente 00 f of s S fug I to *0 Como 0 eve' isb&* s1? I° e2or14 veto 3p? %Ce .k M temperament, any mental illness, or any other unmodulated emotional expressions that have resulted in Allison's anger at her. Instead, she believes it is the fact that she is the more structured and disciplined parent, which Allison is currently rebelling against. A report from Mary Jo Devlin, MSW, Amanda and Allison's therapist indicated that Amanda is a "diligent and conscientious" parent. Ms. Devlin stated that she believes that Allison's expressed anger at her mother is actually "displaced anger" that belongs to Allison's father who "disappeared in Allison's life several times and disappointed Allison." In the times that Ms. Devlin saw Amanda and Allison together she reported observing positive interactions between them. Her written report provided after a phone report indicated that Amanda had decided to stop pushing Allison for a custody schedule that Allison was resisting. This was due to the fact that Allison was being further alienated from Amanda because it countered Allison's wishes. Michael Ever. Father Generally speaking, father indicated that he and Amanda have had the same custody schedule for Allison since Allison was two years old. He was not inclined to change that custody schedule and, in fact, would keep the custody schedule the way it is currently were it not for Amanda actually petitioning to change the schedule. His only issue was the fact that since, by the most recent court order, Allison was attending the school district where he lived that it was only logical that when he moved to Landisburg, Allison would change her school district to his neighborhood also. Despite the fact that Michael has been in agreement with the custody schedule as it is currently being carried out, he reported that for several years, Allison has been requesting expanding her time with her father and, in fact, reducing her time with her mother. Michael reported that Allison has brought multiple complaints and allegations to him about her mother's unpredictable temperamental outbursts which include hitting her, pulling her hair, shoving her and, most specifically, affecting Allison's self-esteem by calling her names and telling her that she is too difficult to deal with. Mike reported that for an extended period of time he supported Allison remaining with her mother for her custodial time and, in fact, did not agree with Allison reducing her time with her mother. According to Mike, more recently he has found it too difficult to deny Allison's unhappiness in her relationship with her mother. He indicated that his inability to deny Allison's unhappiness predated his desire to move to Landisburg but that Amanda petitioning the court inspired him to stand up for Allison's needs. He did admit that in the past he has been unwilling and unlikely to use litigation and/or arguing as a means of arriving at agreements with Amanda. He indicated that, in fact, every court action and/or argument that has occurred which involved attorneys was initiated by Amanda. With regard to his own specific concerns about Amanda's care of Allison, Mike alleged that Amanda is always "fighting with someone." He indicated if it is not Allison it is one of her family members and that there is often some chaotic and hostile disagreement occurring for Amanda with either Allison, her family, or her work. Although there was some indication that Michael was requesting a full psychological evaluation for Amanda because of her anger and disagreeable nature, he in fact indicated that he less believes she needs a full evaluation than he believes that she needs ongoing counseling to help her with what appears to be unhappiness and Page 3 of 14 . 4t • hostility that persists for her. Despite the allegations that he is not in favor of Allison's relationship with her mother, he in fact finds it distressing to watch Allison become less and less invested in trying to maintain a positive relationship with her mother. He believes that if Amanda were to attend counseling, the relationship between Allison and her mother could improve. Finally, with regard to allegations about his irresponsibility and his substance abuse, Michael did acknowledge that he is and has been late picking up Allison but denied that it is chronic and to excess for extended numbers of hours. He did admit that he is often late by 10 minutes. With regard to irresponsibility with the care of Allison, he denied that this is true and, in fact, indicated that he was Allison's primary care giver for the first one-third of her life. He indicated that although when they first separated Allison stayed with Amanda, within two weeks he received a call from Amanda requesting that he come get the baby because Amanda was "too overwhelmed." This occurred when Allison was two years old and they have had a 50/50 custody arrangement ever since. With regard to his substance abuse, although Michael did acknowledge a history with the use of marijuana several years ago which he indicated Amanda also used, he denied any current use and adamantly denied that the reason that he prevents the children from coming into his bedroom has anything to do with drugs and/or alcohol. He indicated that, in fact, there is no door on the parents' bedroom and, as a result, the children are required to refrain from entering the room without being given permission. It should be noted that a review of information provided by Amanda Cero as well as information provided by Michael Eyer did not yield any information that would require an expanded drug and alcohol evaluation. 2. History of Custody Conflict The parents give different dates as to when they first separated and required a custody schedule. According to mother their separation date was mid-1996 and according to father the separation date was 1997. Nonetheless, within a very short period of time the parents were able to agree on a shared custody schedule which they carried out without a formal court order from 1997 until August of 2000 when Allison was going to begin school. At that time, the parents had a disagreement about where Allison would attend school, with each wanting her to attend school in the district where they lived. At a hearing before Judge Hess, he ruled that Allison would remain enrolled in the West Creek Elementary School, which was the school district where mother lived. In August 2002, according to Amanda, she moved to a different apartment in the same apartment complex but it resulted in her living in a different school district. She enrolled Allison in the new school district in July, 2002, but was informed that Mike had also enrolled Allison in the school in his school district. As a result, Amanda again contacted an attorney. Another court hearing ensued and in August, 2002, Judge Hess ruled that Allison would attend school in the district where her father lived, which was Red Mill Elementary School. Finally, in the fall of 2005 Amanda reported that she found out from Allison that Michael was moving to Landisburg in Perry County. He was intending to move Allison and enroll her in the West Perry School District and, as a result, on October 7, 2005, Amanda again retained an attorney and filed an emergency petition for special relief to keep Allison m her current school district and to preclude Michael from having Allison stay in the new house in Landisburg and to preclude Michael from Page 4 of 14 •l being able to move out of that school district. Immediately following the petition for special relief a petition for modification of custody was filed by Amanda and a conciliation conference was held on November 29, 2005. This co-parenting assessment is the result of no agreement being reached by the parties at the conciliation conference. 3. Parental Custody Preferences According to the order of October 3, 2000, the current custody schedule provides for the parents to have shared legal and shared physical custody of Allison. The physical custody is shared on a schedule whereby father has custody of Allison from Sunday at 4:00 p.m. through Thursday before school or until 4:00 pm. when Allison is not in school on a Thursday. Mother then has custody of Allison fiu n Thursday at 4:00 p.m. through Sunday at 4:00 p.m. In addition, the court order calls for one weekend per month where Amanda would be able to retain custody of Allison overnight on a Sunday. It is noted that Amanda has never exercised that option, although it was provided to her. When each parent was asked to define their ideal preference for a new custody schedule, they each provided the following: Mother: I would like for Alli to be with me from Monday through Friday and go to my school. I also want it to be stated that her father is not allowed to take her into any bars or restaurants with bars. I do not have a problem with Mike having Alli in the summer, for vacations, or on weekends as long as he is not doing drugs. I would like the custody arrangement to stipulate who is to pick her up and when. The schedule also needs to be set up for the holidays so we don't argue over the issue. Father: I'd like Allison to only have to go with Amanda every other weekend from Friday at 4:00 until Sunday at 4:00. I am willing to do all of the driving for Amanda to live in Landisburg with me and to attend the West Perry School District. Before the custody petition was filed in October, I wanted to keep the custody schedule the same while living in Imxhsburg and having Allison attend the West Perry School District. I was willing for at least 90 days to do all of the transportation for Allison until such time as Amanda and I could arrive at a mid point where we could meet so that neither of us had to do any significant driving. 4. Parent/Child Observations Allison was observed for one hour in an interactive session with each of her parents. As stated previously, in the session with her father, her father's fiancke, Ida Hartwell, and Ida's two sons, ages 12 and b were also present. In addition to the difference in terms of the number of people present in the observations, there were also other noticeable differences in the environment created by father with Allison versus the environment that was created by mother with Allison. Significantly, in the observation of Allison with her mother, it was very noticeable that Allison was reclusive, quiet, with reduced eye contact and reduced expression almost to the point of a compere disconnection of relationship between Allison and her mother. It was notable that even though Allison was obviously displaying her lack of desire to connect with her mother, Amanda Page 5 of 14 ? a. `? did a good job of attempting to spontaneously relate to Allison and, as well, to allow Allison to be herself in the session. In contrast to the observation of Allison's behaviors with her mother, it was notable that in the session with her father and father's fiancee and fiancee's children, Allison was more verbal, more animated, more comfortable, less evasive and avoidant, and able to show warmth and connection with her father and Ida. There was humor and bantering among all members of the family during the observation with father as they played family games together. There was no notable lack of warmth and connection between Allison and her father. The only noticeable issue in the observation with father and the other members attending was the fact that IcW s 12 year old son appeared to separate out on many occasions and Ida needed to draw him back into the family process. 5. Child Perewdou& Allison Ever. DUB $AM In two separate interviews, Allison was questioned about her custodial preferences and her current functioning. Allison was open, articulate, distressed yet skilled at talking about her feelings and preferences, particularly for a child her age. Allison dented any overt coaching by either of her parents about this assessment or about how she should respond with the evaluator. She reported that both of her parents did advise her that she would be coming to talk to the evaluator and indicated that both parents said that the evaluator would "help decide where she would be." With regard to any covert ideas that Allison may have about low her parents feel about her custodial preferences, she did indicate that her mother not only dislikes her father but believes that he is "evil." She reported that her mother regularly says her father is "irresponsible" and gave specific examples such as knowing from her mother that he didn't pay for her "dental stuf" Conversely, Allison did report that she luows that her father doesn't like her mother but she also notices that he tries very hard not to talk negatively about her. Allison added that her mother and her maternal aunt are both very negative about her father. She reported that she really loves her maternal grandmother who she describes as someone who is just "on her side." With regard to her custodial preferences, Allison was clear about what she preferred. She indicated that ideally she would like to "stay with her dad the whole time and have no time at all with her mother." When asked how she thought her mother would feel about her ideal, she indicated that she believed that her mother already knew that she wanted to spend most of her time with her father but that perhaps she didn't know that Allison wanted no time at all with her mother. She believed this might upset her mother. When asked how she thought her father would feel about her ideal schedule, she indicated that for the longest time she felt that he pushed her to relate to her mother and to be respectful to her but that recently he realized that she honestly couldn't have a relationship with her mother that wasn't about fighting. She added that she wanted to live with her father over her mother since 1 s' Grade but that her father never approved of such and regularly told her that he wanted her to try and get along with her mother better. Page 6 of 14 Allison was asked to describe her reasons for her ideal custody preference. She indicated that when she is with her dad it is easy to get along with everyone and she can really talk to him when she needs to. She added that she not only loves the house, she loves the family feeling that she gets being there with her father, Ida and Ida's two sons, Austin, age 12, and Stephen, age 6. She reported feeling confident about her father's relationship with Ida since they've been together for over four years and are planning on getting married. Conversely, Allison reported that with her mother, they never really get along and she always has the feeling that "she can't do anything right." Allison added that when her mother is angry at her, she makes sure that she "gets her whole family mad" at Allison. Allison described her mother as temperamental and someone who goes from being angry to crying. She added that her mother "yells constantly" and will even continue to yell while she's "brushing her teeth." Allison recalled a painful argument she had with her mother while they were shopping because Allison didn't like a purse that her mother wanted to buy her. In the store, Allison reported that her mother began yelling at her and Allison said to her mother "I hate you." Allison said that it was sad for her that her mother responded by saying "I hate you, too. Go to hell." It should be noted that Allison reported in her second interview that following her observation with her mother (where there was no overt hostility between Allison and mother), Allison alleged that her mother yelled at her the entire way home stating "I know you told her you went to live with your father." Allison was asked to add any more comparisons that she could to aspects of life with each of her parents. With regard to parental discipline, Allison indicated that her dad doesn't yell but that he makes his point. She indicated that her mother will yell and yell and then make conditions for her about whet will happen if she doesn't behave. With regard to help with homework, she indicated that her father will ask if she needs help and help her. Conversely, she reported that her mother wants her to "study, study, and study." Allison also reported that she finds it easier, in general, to talk to her father about things that worry her or to seek advice from her father. She indicated that her mother doesn't really give her advice and doesn't often feel open to Allison when she wants to share her feelings. Allison was asked to list strengths and weaknesses in both of her parents and her father's fiancke, Ida With regard to her mother's strengths, she indicated "she's always on time, and she takes me horseback riding." With regard to areas when her mother needs improvement, she indicated that she "shouldn't yell so much, she should be easier to talk to, and she should stop saying bed stuff about my father." With regard to her father's strengths as a parent, Allison indicated that "he's easy to talk to, he's good at helping with tough feelings, and he's interesting and interested in me" With regard to areas where he may need improvement, Allison indicated "he's a guy and he can't always understand issues with girlfriends." With regard to her stepmother Ida's strengths, Allison indicated "she's really fimmy; she can hear me say anything; and she's really good at helping me pick out clothes." With regard to any areas where Ida may need improvement, Allison said "she does argue once and awhile with my father." With regard to her current social fimctioning, Allison is a 6s` Grade student at Crossroads Middle School in the West Shore School District. It should be noted that Allison attends the West Shore School District because of her father's previous address and because the Court Order awarded Page 7 of 14 I I '. father the right to have Allison attend school in his school district. If father is permitted to have Allison attend school where he is moving, she will attend the West Perry Middle School because father is moving to Landisburg. Interestingly, if Allison is not permitted to move with her father, she will still have to change schools because mother does not live within the school district where Allison currently attends school. If Allison remains in her mother's custody, she will move to the Camp Hill School District and attend Camp Hill Middle School. In essence, no matter which parent is permitted to have Allison attend school in their school district, Allison is facing a school change. Nonetheless, in her current schooling and throughout most of her school years, Allison has consistently been an AB student. It is noted that recently with the custody conflict, her grades have declined somewhat. Allison reports that her favorite subject is Tech Ed where she takes shop and learns to build stuff. She indicated that her least favorite subject is math, reporting that she is "the worst in her class." This is interesting because Allison's scores in her 2005 PSSA tests indicate that she is almost 200 points above the highest scoring student in her category for math potential. Her test results indicated that Allison is advanced for her age with regard to tatics and very close to advanced in her reading proficiency. With regard to behavioral compliance in school, Allison reported that she is "no real problem." She did indicate that in her whole school history she has had two detentions -- one time for not having homework and a second time for tardiness. With regard to any educational plans she has for her future, she currently drums of being a horse trainer. With regards to socializing and friendships, Allison did report that she is "fair" at making new friends, indicating that she has a difficult time if kids are "snobby." She secs herself as someone quite able to get along with all different kinds of kids, again as long as they are not superior in their attitude. Allison did admit that although she is excited to move to Landisburg, she will hate to leave some of her current friends. She is able to see that event if she does not move to L,andisburg, she will be leaving her currant school friends. When asked to describe her activities with friends that are most appealing to her, Allison said "we just like to act goofy and joke around." She indicated that their favorite activity is to go to one of their houses and hang out. With regard to her parents' support for her friendships and her activities, she indicated that both of her parents are good at activities but indicated disliking that her nether "makes her" take (i.e. won't allow her to quit) piano lessons. With regard to what her personal favorite activities are, she indicated that she loves watching car races, going fishing and boating, going horseback riding, riding her bike and just being outside. With regard to her medical history, Allison's pediatricians are Drs. Tan and Garcia in Camp Hill, Pennsylvania They have been so from 1998 to the present With regard to general health needs, Allison's medical history is unremarkable. However, it is remarkable for a recent surgery on her left foot because it was turned Many options were attempted prior to surgery on Allison's foot, including physical therapy and a leg brace but to no avail. The surgery on her left foot took place on July 13, 2005. Her final check-up in October, 2005, indicated that the surgery was successful. Allison's medical history is also positive for orthodontic care. She currently wears a bionater and will be fitted with full braces after six months. Finally, Allison has been in psychotherapy on two separate occasions. The first was with Jessica. Hart, MS, a licensed psychologist, who saw Ahlisort firm February, 2001, until October, 2002. Mother reported being unclear as to why Allison was attending therapy at that time but she believed it was because of Page 8 of 14 unhappiness in school. More recently, Allison and her mother attended two sessions with Mary Jo Devlin, LSW, on September Oh and September 13m, 2005. This was due to the fact that Allison and Amanda were not getting along. Mrs. Devlin discontinued the therapy believing that the custody conflict was not conducive to a productive therapy environment to improve the mother/daughter relationship. With regard to her mental and emotional status, Allison indicated that her most common feeling on any given day is different depending on whether she is at her father's or her mother's. She indicated at her father's she is primarily relaxed and calm while at her mother's she is primarily angry and nervous. With regard to her anger, Allison indicated that, at times, when she is arguing with her mother she "feels like she is going to explode." She feels tense and wells up with tears often. She indicated that she tries to cope with the situation but rarely is able to remedy the anger she feels when with her mother. With regard to sadness, Allison indicated that many times she is sad while at her mother's thinking the time is going by when she could be at her father's. She indicated that her best coping strategy is to read RL Stine books, to listen to music or to write. Allison also indicated that she feels worried and afraid recently because she does not know the outcome of the custody situation. She denied any depression, any vegetative signs of depression, or any vegetative signs of a severe stress-related illness. Of most significance to her mental status is the presence of sadness and despair about the current custody conflict. Allison has a strong desire for her mother to understand her preference and to allow her to go to school where her father is moving. With regard to projective questions, when asked what she would ask a family genie to grant if she were given three wishes, Allison indicated the following: (1) to stay with my dad; (2) to make sure that I could always see my Aunt Jo, Becca and Baby Ida, and (3) that I would be able to see dad's half brother. With regard to being granted three general wishes, Allison indicated that she would ask for the following: (1) a horse of her own, (2) that all her friends could move with her, and (3) she couldn't think of another wish When asked if she could do one thing and get away with it what it would be she indicated that she would walk the entire Appalachian Trail to Georgia When asked to name three things that she liked about herself, Allison indicated that (1) she'll try new things and not be afraid to try them; (2) that she's not fake and she doesn't hide who she is, (3) and that she's adventuresome. With regard to one thing she would change about herself, Allison indicated that she wished she was a little more outgoing. The sum total of Allison's won in her two interviews does indicate that she is anxious and concerned about the outcome of the custody conflict between her parents. Most of her anxiety and worry is due to the fact that she has formulated a very clear and urgent preference to be primarily in her father's care. In addition, she pmts with a desire to escape the conflict, anger, and tempearamerrtal outbursts that occur from her mother and with her mother when they are together. Allison also shows a pe+eference to be with her father due to the fact that she feels more of a family feeling and more of a calm and relaxed atmosphere when in his care. This preference seems to be long-term according to Allison and yet her father only recently agreed to allow her to expand her time with him She reported that, in the past, he would encourage her, instead, to work out her differences with her mother. The current difficulties between Allison and her mother were touched on in two therapy sessions with Mary Jo Devlin, LSW, who decided to terminate the sessions because of the added stress of the custody conflict. There is Page 9 of 14 4 r } a currently no specific diagnostic category for Allison; however, the palpable level of stress she experiences in her relationship with her mother could lead to a moderate adjustment disorder if the areas of contention between Allison and her mother are not addressed therapeutically. EVALUATOR'S SUMMARY AND U"RESSIONS It is important to note that there were no findings in this brief assessment that would cause enough concern that might lead to the elimination of either parent in Allison's life. Instead, there are three major areas of concern that will affect the recommendations set forth below. The first area of concern is the poor relationship that currently exists between Allison and her mother. There is every indication that the strain between Allison and her mother has persisted for a significant period of time. The end result is the fact that as Allison grows older, she is feeling a diminished sense of self-confidence and hope that she and her mother will be able to overcome the problems that continue to occur between them. These problems appear to be due to the fact that mother's temperament and stress level result in a low level of impulse control over her disappoinameat, anger and hustration Although by her report, Allison attempts to defend herself, she is unable to do so and, as well, is unable to predict when her mother is going to have an outburst. In addition, Allison has increased unhappiness with a shared custody schedule because it is her perception that her mother continues to be very negative about her father and this undermines Allison's ability to feel safe in talking about her relationship with her father and in asking to live in Landisburg and attend school where her father will be living. Allison appears credible when she describes the unreasonable arguments that are inspired by her mother and the resulting feeling in Allison that it does not matter what she does she will never do enough right to please her mother. It is notable that Amanda Cero was less able to express her perceptions of her relationship with Allison in her face-to-face interview and, as well, in the observation of Amanda with Allison. However, Amanda did a very thorough job of completing written queAmnaires and provided information that would indicate that she does, in fact, have insight into her own volatility and its impact on Allison. As a result of her own concerns about her relationship with Allison, Amanda did voluntarily enter therapy in September, 2005 with Mary Jo Devlin, LSW to help remedy the level of anger between her and Allison. Unfortunately, Mary Jo Devlin did not believe that in the midst of a custody conflict that therapy that included Allison would be beneficial. Nonetheless, Amanda remained in therapy and is determined to continue to pursue remedies to the problems that exist between her and Allison In summary, between Allison's very clear and present distress and despair in her relationship with her mother and mother's admission that there is, in fact, a strain between her and Allison, it is apparent that Allison's desire to live solely with her father and have no access with her mother is an offshoot of Allison's despair and hopelessnew about whether or not she has the ability to affect any change in the kinds of arguments that occur between her and her mother. Whereas, removing herself from her mother may be one solution for Allison, it is clearly not the optimal solution and recommendations set forth below will not only address the custody conflict but also ways to productively intervene in the strain that exists between Allison and her mother. It will be necessary for father ands father's fiancd to support the therapeutic remedy for Allison and Amanda and not allow Allison to seek relief by limiting her access to her mother. At her age, her relationship with her same-gender parent is very important. An opportunity for resolution of their issues will benefit Amanda and Allison as she approaches her adolescence. Page 10 of 14 ., The second area of concern with regard to the custody recommendations is the ongoing, relentless, and strained co-parenting environment that exists between Amanda and Michael. Each certainly has their own perception that the co-parenting strain is more inspired by the other; however, it does not help create solutions in the co-parenting strain to focus on identifying the instigator. There is some evidence that mother does tend to be volatile when trying to discuss co-parenting decisions. However, there is also evidence that father has, at least, in the past not been as responsible with the time lines, school related activities, medical and dental appointments, providing health insurance for Allison, etc. According to mother, this lack in father has inspired much of her concern about his ability to be a responsible care giver for Allison Father is required to take over any and all responsibilities necessary for the primary custodian Mother must be afforded some overseeing capacity by being provided all dates and times for scheduled appointments well in advance of the appointments to show that father has taken and can take responsibility for Allison's continue medical care with orthopedists, orthodontists, general dentistry, and general medical care. Mother must also be given information regarding Amanda's care during appointments if she opts not to attend a scheduled appointment. Finally and most obviously, the geographic relocation for father presents the main reason why this custody asst and the custody conflict have been amused to the proportion where litigation is required, In essence, mother sought an injunction to prevent father from moving to the home be purchased in Landisburg and filed a petition for custody modification requesting that instead of Allison moving to Landisburg and attending school in the West Perry School District that mother be awarded primary physical custody which would move Allison to the Camp Hill School District. If the parental relationships with Allison were perceived as equal, this evaluation would rest solely on which school district was better equipped to meet Allison's needs. However, the strain in the relationship between Allison and Amanda must be taken into consideration as well as Allison's clear prefer mm to spend more time with her father and her clear desire to live in Landisburg. Whereas, an 11 year-Old's preferences cannot be the central deciding factor in a custody disagreement, Allison's soulful and credible presentation about the differences in her ability to relax and be calm in her father's home as compared to her mother's home clearly provide a compelling backdrop upon which to view the custody conflict between the parents. In essence, what Allison is presenting is the notion that she does not feel emotionally safe in her mother's environment. Conversely, she does feel emotionally safe in her father's environment and believes that she is free to discuss her thoughts and feelings and her desires in her father's home but is not five to do so in he mother's home. This lack of freedom to discuss her desires and needs can be about issues as large as her custody preferences and as small as her desire to discontinue piano lessons. It is the Evaluator's clinical impression that Allison's lack of emotional safety is guiding her strong preferences to be in her father's primary physical care. However, it is also this evaluator's clinical perception that Allison's issues with her mother can be remedied in a therapeutic enviromment where mother's temperament and reactivity are seen as a difference from father's more laid back nature. Allison and her mother can, with fircilitation, begin to we the strengths that mother brings to the parenting environment that are a direct offshoot of her tanperament including mother's level of attention to detail and her follow through with attending to Allison's needs. Conversely, Allison can be helped to we that her Page 11 of 14 , +s- J father's more laid back nature has it's strengths and weaknesses which may have manifested in father's ability to provide a safe emotional environment yet also show a lack of attention to detail. 7 RECOMMENDATIONS In light of all of the information provided above, the following recommendations are made: 1. Amanda Cero and Michael Eyer will maintain shared legal custody of Allison Eyer. 2. For the purpose of determining School District, primary physical custody will be with father and Allmon will attend the West Perry School District. 3. Father will have primary physical custody with mother having partial periods of custody every other weekend from Thursday at 4:00 p.m. until Monday morning drop off at school. On the alternating weeps, mother will have custody of Allison flrom Thursday after school until Friday morning drop off at school. With regard to a summer schedule, Allison will be shared equally by utilizing the schedule spelled out in the order of 2000 with mother having custody of Allisos Bran Thursday at 4:00 p.m. until Sunday at 4:00 p.m. and father having custody of Allison from Sunday at 4:00 pm. until Thursday at 4:00 p.m. 4. If there can be a successful reintegration of emotional safety between Allmon and her mother, it will be possible to return to a shared custody schedule year-round, maintaining father's primary custody simply with regard to School District. In fur herasae to this qty for an opthnal outcome for Allmon, it is recommended that Allison and Amanda enter therapy for the purpose of remedying the diifieulties that currently exist between them. It is not in Allison's best interest to walk away from the conflict that exists with her mother, nor is it in Amanda's best interest to be domed the opportunity to help Allison have a better understanding of her reactivity in the custody coufliict and how that differs from Amanda's love for Allison. To mother's credit, she did attempt to begin this process in September, 2005. Mother is reoommesd A to begin conjoint therapy with Allmon, shortly after the new custody Order is in place. Both mother and Allison may need a brief cooling off period prior to a productive beginning of therapy. It is sued that, since Mary Jo Devlin; LSW, may now be mother's advocate that another therapist be select to provide services for Allison and Amanda. This evaluator will provide referrals, if requested. It is further recommended that the selected therapist have at least one interview with father in order to get a face-to-face assessment of father and Allison's relationship as opposed to relying on mother's or Allison's independent descriptions. 5. Amanda Cero is directed to continue in individual therapy if it is deemed necessary by Amanda and her therapist as an adjunct to her work with Allison. Page 12 of 14 ,.._ % 6. It is recommended that a standard holiday schedule be instituted between the parents. A copy of the standard holiday schedule is attached to this report and the parties can determine who will have which holidays beginning with Easter 2006. 7. Both parents will be entitled to two (2) nonconsecutive weeks of vacation to be scheduled sixty (60) days in advance. 8. Each parent will be afforded the right of first refusal to take care of Allison should either parent be unavailable for an overnight period. 9. For the first ninety (90) days that Allison is attending school in the West Perry School District, father will provide all transportation. After ninety (90) days, the parents will agree upon a midpoint where Allison will be exchanged so that they may share in her transportation with the least amount of distress to both parents. For all exchanges, the receiving parent will provide Ar , sportatiios. If either parent is later than 20 minutes from the allotted p iek-up time without a reasonable explanation and a timely phone call (at least one hour prior to pick up time), that parent forfeits that sight's cudial access and, if father is responsible for the infraction, he is required to pick Allison up for school the next morning if it is a school night. 10. The level of extended sninesity existing between Amanda Cere and Michael Eyer does not lend itself well to predicting a successf®1 outcome in co-parenting counseling. However, it is recommended that both parents atead the seminar for separating families. In addition, they are directed to attend no less than three (3) ce, g counseling sessions with the goal of dither improving their eommusiicaties or at the very east cresting a par" parenting plan that will provide Allison with consistency about her activities, her homework, and what n required of her while limiting mversation that can be hostile between the parents. In the dev?el+a?p0e9nt of a parallel parting plan the exact manner in which father will st drle Afton's medical appointments and keep mother informed can be arranged. As well, all other aspects of the shared legal custody requiraasents can be established to limit communication between Amanda and Milord while providing a direct root for Amanda to feel secure that Allison's needs are being addressed and she is being kept "in the loop" regarding such. 11. Under no circumstances shall any parent or step parent use any mood altering substances while caring for Allison. In addition, aeftw parent will take Allison to a bar for any social or fa ndly event sinless it is for a family dinner at a restaurant that has a bar or unless father must stop briefly at his work. 12. If either parent has on-going concerns regarding the success of the recommendations set forth in this report, they ean, after a period of six menths from the institution of all recommendations accepted and placed in a court order, seek an update of this evaluation by this Evaluator. Page 13 of 14 ? 6. -. 13. This skeleton set of recommendations can be adjusted as necessary by the parties, their respective counsel and with the aid of this Evaluator if specifically requested. It is important to note that additional assistance by the Evaluator could result in additional costs especially if additional Ito-face interviews are needed. The Evaluator will be available to respond to questions and concerns about the way to carry out the recommendations in this report for a period of up to two (2) months from the date of this report without a need for additional interviews with family member. However, if after a period of two (2) months, the Evaluator is requested to provide information, there may be a need to reassess and update information regarding the family dynamic. Respectfully submitted, Deborah L. Salem, LPC, Clinical Evaluator Date of Dictation: 1129106 Date of Addendum due to information from M.J. Devlin: 03-06-06 Date of Parental Consult to share Results: 03-09-06 Date of Final Edit: 03-10-06 Page 14 of 14 Dy? ??Q AL- -4 . CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Defendant's Motion for NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT AMANDA W. CERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2000-5861 CIVIL TERM MICHAEL C. EYER, Defendant : IN CUSTODY Conference upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Darren J. Hoist, Esquire HOWETT KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Respectfully submitted, December, 2007 WOLF & WOLF ?? a C'' ??, -r+ ` r ? '' t`? ? -cl" ?`? k ?? ? ]? ?? ?.w?????v 9 ? -? ?... }td .- ? { ? f^ ? r' . 1 =? b ?. , ? r'3. ?? r+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff ) V. ) MICHAEL C. EYER, ) Defendant ) NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER RE: PETITION FOR CUSTODY EVALUATION AND NOW, comes Plaintiff, Amanda W. Cero, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby files the following Response to Defendant's New Matter re: Petition for Custody Evaluation and in support thereof states as follows: 1 - 14. No response permitted by law as said paragraphs constitute Defendant's (hereafter "Father") Answer to Plaintiff's (hereafter "Mother") Petition for Custody Evaluation. 15. Said paragraph constitutes an incorporation paragraph to which no response is required. 16. Admitted. By way of further response, Mother filed her petition after Father unilaterally decided to relocate with the minor child to Perry County to live with his girlfriend. Father's move to Perry County represented one of several relocations Father has made both within and without Cumberland County since the inception of this action. Father did not consult with Mother prior to seeking to move, and Mother felt it was not in the child's best interests academically to relocate to Perry County. Ultimately, however, the parties entered into an agreement to avoid a hearing on the petition. 17. Admitted in part; denied in part. Mother admits the parties appeared for a conciliation conference on November 29, 2005, and she admits the parties agreed to avail themselves to Deborah Salem (hereafter "Salem") and to share the costs thereof. Mother denies, however, that Salem performed a custody evaluation. In fact, Salem's engagement was extremely limited, and as noted on page one of Salem's report, attached to Father's pleading as Exhibit "A", Salem referred to her work as a "Brief Co-Parenting Assessment." (Emphasis added). Mother denies that, based upon the work performed, Salem was competent to make recommendations as to custody on the minor child. She simply did not perform an evaluation that conformed with general standards. In reading the report, it is also clear Salem failed to devote adequate time and attention to her assessment given the fact that Salem misspelled the minor child's name throughout the report and both omitted items conveyed by Mother during the course of the assessment and misstated items. 18. Admitted with clarification. The parties participated in a brief co- parenting assessment, not an evaluation. Salem did author a report on her co-parenting assessment in March, 2006. The report makes it clear the primary goal of the assessment was to determine whether or not co-parenting counseling was advisable and whether a full drug and alcohol evaluation of either party was warranted. Salem is a certified addictions counselor and is competent to make such an assessment. Based upon her limited engagement, Salem was incompetent to provide recommendations as to legal and physical custody of the minor child. Salem did not undertake a full custody evaluation in order to ascertain what would be in the psychological best interests of the minor child, even if she states such opinions in her report. Regardless, Salem did not testify in support of her report, and she was not subject to cross examination, given the fact that the parties entered into a consent order. 2 By way of further response, Mother disputes any implication that Salem's report accurately reflects what is in the child's best interests either as of 2006, when she issued the report, or, more importantly, as of today. As part of her assessment, Salem saw the parties and the child on only two occasions for a total of two hours. Salem did not speak to any third parties who may have been able to provide relevant information to aide in the co-parenting assessment, and she did not speak to Mary Jo Devlin, Mother's and child's therapists (instead she reviewed a "synopsis of therapy" prepared by Ms. Devlin). More importantly, Salem took no steps to discern why the minor child would represent that she wished to spend no time whatsoever with Mother. Such representations are evidence of deeply routed psychological or psychiatric issues that a licensed psychologist should investigate. 19. Admitted. By way of further response, given the parties' consent order, Salem did not testify in support of her report, and she was not subject to cross examination. 20. Denied. Mother denies that no conciliation conference was held on September 26, 2006. In fact, the parties and their attorneys did appear at a conciliation conference on that day, and the parties were able to effectuate an agreement. 21. Denied. Mother denies any attempt to "circumvent the recommendations of the prior evaluator." The parties previously have not been engaged in a full custody evaluation; to the extent Salem made custody recommendations within her assessment, Mother submits it was improper for Salem to do so. Salem was not charged with conducting a custody evaluation. Salem's involvement with the parties was limited to a "brief co-parenting assessment." The ultimate recommendations of Salem are, nonetheless, immaterial insomuch as the parties entered into a consent order as an alternative to formal litigation, at which time Salem's report would have been subject to cross examination. 3 Moreover, whatever recommendations Salem may have found in 2006 are irrelevant to the present circumstances. At the time Salem met with the parties and interviewed the minor child, the child had not been sexually assaulted; she was not using drugs and alcohol; and she had not threatened suicide. The Court must determine what is in the best interests of the child as of today, considering present facts and circumstances. In light of the underlying emotional and psychological issues, a licensed psychologist should perform an evaluation. 22. Denied. Mother's desire to utilize Dr. Arnold Shienvold is in no way premised upon a desire to "shop for a favorable evaluator." While Salem is well-known and respected within the community, she is not a licensed psychologist, and Mother posits that, given the present circumstances of this case, a licensed psychologist should perform a comprehensive custody evaluation. It is respectfully submitted that Dr. Shienvold is best qualified to conduct an evaluation. Mother has no advance knowledge as to what Dr. Shienvold may be inclined to recommend in this case, as neither she nor her attorney has spoken to Dr. Shienvold about this matter. Dr. Shienvold will not take appointments unless he is designated a neutral, court appointed expert, and he has historically remained staunchly neutral in his evaluations. Mother has no reason to believe Dr. Shienvold would be partial to her claim for primary physical custody. 23. Denied. Mother is without information and knowledge as to what Father may be willing to do. Therefore, to the extent a response is required, it is denied. Mother concedes that, at the conciliation conference, Father indicated his willingness to have Salem perform an evaluation. Mother denies Salem previously performed a custody evaluation; therefore, she cannot perform an "updated evaluation." Ms. Salem, just as any other evaluator, 4 must start from scratch based upon the present factual circumstances. Salem cannot simply do an "update" as significant changes in circumstances have occurred since her previous limited involvement with the parties, namely, the fact that the minor child has been sexually assaulted; she has been ingesting drugs and alcohol; she has threatened suicide; and she is exhibiting significant emotional distress. All of these factors militate in favor of having a licensed psychologist perform a custody evaluation. Dr. Shienvold in the logical candidate. Mother concedes it is helpful for the child to be comfortable during the evaluation process, but the child's comfortableness is not a prerequisite for an evaluation. The crucial element to an evaluation is the selection of the appropriate candidate based upon the specific facts at hand. Mother believes the child will be perfectly comfortable with Dr. Shienvold (given his extensive training and experience with children and the thousands of evaluations he has performed over the years). 24. Denied. Mother denies Father has "done nothing to permit or condone any substance abuse by the child." In fact, Father has made representations to Mother indicating he was well aware that the child was consuming alcohol while in his custody. The child, herself, has also reported consuming alcohol while in Father's custody. 25. Denied. Mother is without information and knowledge as to whether Father has ensured that the child have no contact with those individuals identified in the Court's September 10, 2007 Order. Therefore, to the extent a response is required, it is denied. 5 26. Denied. Mother is without information and knowledge as to what Father may believe; therefore, to the extent a response is required, it is denied. Mother denies she is in any way attempting to capitalize upon the horrific sexual attack upon the minor child to make a request for primary physical custody. Instead, the attack upon the minor child is but one of many facts that, in toto, warrant a change in custody and demand a custody evaluation to be performed by a licensed psychologist. 27. Denied. Mother is without information or knowledge as to what the child may have voiced to Father regarding her custody preferences. Therefore, to the extent a response is required, it is denied. To the extent the child may have voiced a desire to remain in Father's primary care, such a stated preference is not controlling as it is contrary to the best interests of the child. Mother avers that the child's preference to remain with Father is not based upon good reasons. The child wishes to remain with Father insomuch as Father strives to be the child's best friend as opposed to a parent. 28. Denied. Said paragraph constitutes a prayer for relief to which no response is required. To the extent a response is necessary, it is denied. Based upon the reasons set forth herein, as well as in Mother's Motion for Custody Evaluation, the best interests of the child will be advanced by appointing Dr. Arnold T. Shienvold to perform a comprehensive custody evaluation. 29. Denied. Mother is without information or knowledge to know what Father believes. Therefore, to the extent a response is required, it is denied. Mother denies that the best interests of the child will be advanced by having Salem perform a custody evaluation. 6 WHEREFORE, Plaintiff respectfully requests this Honorable Court deny Defendant's New Matter and enter an order appointing Dr. Arnold T. Shienvold to perform a comprehensive custody evaluation as requested in Plaintiff's Motion for Custody Evaluation. Respectfully submitted, Date: Darren J. H st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Amanda W. Cero 7 VERIFICATION I, Amanda W. Cero, hereby swear and affirm that the facts contained in the foregoing Plaintiff's Response to Defendant's New Matter Re: Petition for Custody Evaluation are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Q1/03/08 ) 6a - Date: an a W. Cero 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff ) V. ) MICHAEL C. EYER, ) Defendant ) NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Amanda W. Cero, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Defendant's New Matter to Plaintiff's Petition for Custody Evaluation was served upon Nathan C. Wolf, Esquire, counsel for Michael C. Eyer, Defendant, by depositing same in the United States mail, first class, on January 3, 2008, addressed as follows: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Date: Darren J. Host, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Amanda W. Cero G-:? . w:J .7.a ?? f ? 1.../ ?.r ?`?1 ` ??.? ??q? ?! i ? 7 ? ' ? ? - .. -i ; - ..„ h3 ? ? :.1 7 ., JAN 0 8 T008,p4I Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Amanda W. Cero IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff ) V. ) MICHAEL C. EYER, ) Defendant ) NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this /Oday of , 2008, upon consideration of the .ell, r/ pleadings filed by the parties in the above-referenced matter related to the request for custody evaluation, it is hereby ORDERED and DECREED that a proceeding is scheduled before the I , Gv /,/- undersigned for the H 4( day of 2008, at a' in. at which time counsel shall be prepared to submit oral argument on the issue before the Court. BY THE COURT: Kevi .Hess, J. Distribution: Darren J. Holst, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 Nathan C. Wolf, Esquire, 10 West High Street, Carlisle, PA 17013, (717) 241-4436 Co' ???s mist Lf-c(_ ???'7 ' a46 - l A IN, Z 0 ' J L ! HVP 9 0=31 AMANDA W. CERO, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00-5861 CIVIL MICHAEL C. EYER, Respondent CUSTODY IN RE: PETITION FOR CUSTODY EVALUATION ORDER AND NOW, this r ;1 day of January, 2008, argument on the plaintiff's petition for custody evaluation set for February 14, 2008, at 2:00 p.m. is rescheduled for Thursday, February 14, 2008, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, /Darren J. Holst, Esquire For the Plaintiff '/Nathan C. Wolf, Esquire For the Defendant rlm 00F I" i/ay/o8 ?::MI' j c : ' i1v 11Z fl4lvr f '111 0z AMANDA W. CERO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 00-5861 CIVIL TERM MICHAEL C. EYER, IN CUSTODY Defendant IN RE: PETITION FOR CUSTODY EVALUATION ORDER OF COURT AND NOW, this 14th day of February, 2008, after argument, Dr. Arnold Shienvold is appointed to be the custody evaluator in this case. The costs will be initially advanced two-thirds by the Petitioner, Amanda Cero, and one-third by the Respondent, Michael Eyer. This order is entered without prejudice to either party to request that the court modify this allocation at the eventual hearing of this case. Hearing in the underlying custody matter set for March 14, 2008, is continued to Wednesday, June 11, 2008 at 9:30 a.m. By the Court, ZDarren J. Holst, Esquire //For the Plaintiff ?Nathan C. Wolf, Esquire For the Defendant Arnold Shienvold, PhD 2151 Linglestown Road Harrisburg, PA 17110 :bg I Lec? f I C 5 • 11 WV 9 1 93A OOOZ AMANDA W. CERO, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-5861 CIVIL MICHAEL C. EYER, Respondent CUSTODY IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this day of May, 2008, hearing in the above-captioned matter set for June 11, 2008, is continued to Thursday, August 14, 2008, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Hess, J. Darren J. Holst, Esquire j For the Plaintiff Nathan C. Wolf, Esquire For the Defendant :rlm ?l s :,1 Wd Z 1 M gooz AbVON " iO d H! J0 30H -'- -GTH AMANDA W. CERO, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00-5861 CIVIL MICHAEL C. EYER, Respondent CUSTODY IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this Z day of August, 2008, at the request of counsel for the parties, hearing in the above-captioned matter is continued generally pending receipt of a custody agreement. BY THE COURT, 'x, "?'l Kevin . Hess, J. .pla"'irren J. Holst, Esquire For the Plaintiff than C. Wolf, Esquire For the Defendant rlm A e LU ?-S -cc co C= N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, ) Plaintiff ) V. ) MICHAEL C. EYER, ) Defendant ) NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODYNISITATItON STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this q day of 141- , 2009, by and between AMANDA W. CERO ("Mother"), of Cumberland County, Pennsylvania, and MICHAEL C. EYER ("Father"), of York County, Pennsylvania; WITNESSETH: WHEREAS, the parties are the biological parents of Allyson Laura Eyer, born August 1, 1994; WHEREAS, pursuant to Orders of Court dated June 9, 2006 and October 2, 2006, both of which were entered by the Court of Common Pleas of Cumberland County at the above- captioned action number, the parties share legal custody with Father acting as primary physical custodian subject to periods of partial custody by Mother; WHEREAS, said Orders permitted Father and the child to relocate to Perry County; WHEREAS, on October 5, 2007, Mother filed a Petition for Modification with the Court of Common Pleas of Cumberland County seeking to modify the June 9, 2008 and October 2, 2008 Orders; WHEREAS, after Mother filed a Petition for Custody Evaluation, which relief the Court granted by Order dated February 14, 2008, the parties engaged in a custody evaluation performed by Dr. Arnold T. Shienvold of Riegler, Shienvold & Associates; WHEREAS, on July 28, 2008, Dr Shienvold issued his custody evaluation report; WHEREAS, following the completion of Dr. Shienvold's report, Father and the child moved back to York County and the West Shore School District, the area where Father and the child resided prior to their move to Perry County; WHEREAS, in light of the move counsel spoke to Dr. Shienvold on August 11, 2008 to see what impact that fact would have on Dr. Shienvold's recommendations; WHEREAS, in light of Dr. Shienvold's recommendations, the parties are desirous of modifying the terms of the existing custody orders by entering into this stipulated custody order that specifically settles the issues of legal and physical custody of their child without the necessity of additional formal court intervention; WHEREAS, it is the intention of the parties to have this Stipulation entered as a final order of court, thereby obviating the need for hearing, which the Court had scheduled for August 14, 2008 but which has been continued generally; NOW, THEREFORE, in consideration of the premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, covenant and agree as follows: 1. Legal Custody. The parties shall share legal custody of their child, legal custody being defined as the right to make major decisions affecting the best interests of the child, including, but not limited to, medical, religious, moral, educational and general parenting decisions. The parties agree to discuss and consult with one another with a view towards adopting a harmonious policy calculated to promote the child's best interests. Each party shall have the right to be kept informed of the child's educational, social, moral and medical 2 development. Each party shall be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, educational facility, treatment institution or similar authority and to have copies of any and all reports, notices or other communications given to either parent. Mother shall have equal access to all records, of whatever nature, pertaining to the child to which Father has access. To effectuate the parties' intent in this regard, each party agrees to execute any and all documents necessary upon presentation thereof to facilitate the exchange of information to the other parent directly from the appropriate doctor, dentist, teacher, treatment institution or similar authority. Each parent shall notify the other of any matter relating to the child which could reasonably be expected to be of significant concern to the other, including, but not limited to hospital visits or police investigations. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the child at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of that emergency and consult with him or her as soon as possible. Without exception, each party shall notify the other, if possible, within twenty-four (24) hours in advance of any medical, dental or counseling appointments scheduled for the child to enable both parties to attend and participate. If such appointments are scheduled less than twenty-four (24) hours in advance, then the notification shall occur as soon as possible prior to the appointment. The parties agree to provide the other parent with copies of any correspondence from the child's school sent home to the custodial parent within one (1) week of receipt thereof. Mother and Father will ensure the child is punctual for all appointments and her schooling, and if the child is absent from school for a particular reason, the parent with custody shall notify the other of the absence and the reason therefor. Each parent agrees to provide the other with notice of all the child's extracurricular 3 activities, school or otherwise, within twenty-four (24) hours of learning of such events. Each parent shall communicate to and discuss with the other parent his or her intention to enroll the child in extracurricular activities before enrolling the child. Both parties shall properly monitor the child and her activities and keep the other parent apprised of any developments in that regard. Each parent agrees not to attempt to alienate the affections of the child from the other parent. Each party agrees to give support to one another in the role as parent and to take into account the consensus of the other parent for the physical and emotional well being of the child. Moreover, neither party shall permit third persons, including, but not limited to, family members, friends or significant others, to exercise parental decisions concerning the child absent the express consent and concurrence of the other parent. Each parent shall preserve and maintain the other party's identity as Mother or Father with respect to the child, and both shall further ensure that third persons do not assume parental roles or identities with respect to the child. 2. Physical CustodX. The parties agree Father shall remain the child's primary physical custodian subject to Mother's periods of partial custody pursuant to a two (2) week rotating schedule as set forth more fully below: a. Week-One. Mother shall have partial physical custody of the child from Friday after school, or after Mother's work, through Monday morning when Mother or her family shall transport the child to school; if there is no school, Father shall pick up the child at Mother's parents' residence at 10:00 a.m.; b. Week-Two. Mother shall have partial physical custody of the child from Friday after school, or after Mother's work, through Sunday evening at 4:00 p.m., at which time Father shall pick up the child at Mother's residence; 4 C. On any other days, and at any other times, the parties may mutually agree upon considering the parties' schedules and child's best interests. Both parties acknowledge Mother's periods of partial custody during week two may be extended from Sunday evening until Monday morning if the child reasonably expresses a desire to extend her time with Mother. If said time is extended, Mother shall transfer the child to school on Monday morning; if there is no school, Father shall pick up the child at Mother's parents' residence at 10:00 a.m. Each parent shall honor reasonable requests to extend Mother's week two custody from Sunday evening until Monday morning. Each parent shall respect the child's reasonably expressed desire to spend additional time with Mother at any time in the custody schedule, and the parties shall facilitate reasonable requests that do not conflict with either the child's or the parties' previously scheduled commitments. For all custody exchanges where Mother provides the transportation, if Mother is to pick up the child at any location other than Father's home, or an altogether different custody exchange arrangement is made (e.g., the child being taken to Mother's home), Father shall convey such arrangements directly to Mother in advance of the exchange. Also, if either party is running late for a custody exchange, that party shall notify the other as soon as possible but in no event after the scheduled pick-up time absent emergency. 3. Summer Vacation. During the child's summer break, each parent shall be entitled to two weeks of uninterrupted custody of the child, which weeks can be consecutive. The periods of vacation shall run from Friday at 5:00 p.m. through the following Friday at 5:00 p.m., at which time the regular schedule shall resume. The parties shall be free to permit the child's grandparents to exercise custody of the child during the parties' selective weeks of vacation. In exercising their vacation weeks, the parties shall provide each other at least two 5 weeks advance written notice of their selective weeks; however, the parties shall provide as much advance notice as possible in scheduling their vacation weeks. If a party, or their parents, intend to take the child on vacation outside the Commonwealth of Pennsylvania, the non-custodial parent shall be provided an itinerary prior departure, which itinerary shall include flight information (i.e., flight numbers and departure/arrival times), if travel by air, hotel information and a telephone number where the child can be reached during the vacation. 4. Holidays. The parties shall alternate the following holidays, which holiday periods shall commence at 9:00 a.m. the day of the holiday and continue until 8:00 p.m. the day of the holiday, and which shall take precedence over the regular schedule: a. Memorial Day; b. Fourth of July; and C. Labor Day. In all even-numbered years, Mother shall have custody of the child for the Memorial Day and Labor Day holidays, and Father shall have custody of the child for the Fourth of July holiday. In all odd-numbered years, Father shall have custody of the child for the Memorial Day and Labor Day holidays, and Mother shall have custody of the child for the Fourth of July holiday. 5. Mother's Day/Father's Day. Mother shall have custody of the child each and every Mother's Day from 9:00 a.m. the day of the holiday until 8:00 p.m. the day of the holiday, and Father shall have custody of the child each and every Father's Day from 9:00 a.m. the day of the holiday until 8:00 p.m. the day of the holiday. This schedule shall take precedence over the regular schedule. 6 6. Easter. The parties shall alternate the Easter holiday, which shall be defined as commencing on Saturday at 4:00 p.m. and continuing through Easter Sunday at 4:00 p.m., and which shall take precedence over the regular schedule. In all even-numbered years, Father shall have custody of the child for Easter. In all odd-numbered years, Mother shall have custody of the child for Easter. 7. Thanksgiving. The parties shall alternate the Thanksgiving holiday, which shall be defined as commencing the Wednesday before Thanksgiving at 4:00 p.m. and concluding Thanksgiving Day at 4:00 p.m., and which shall take precedence over the regular schedule. In all even-numbered years, Father shall have custody of the child for Thanksgiving. In all odd-numbered years, Mother shall have custody of the child for Thanksgiving. 8. Christmas. The parties agree as follows with respect to the Christmas holiday, which shall take precedence over the regular schedule: a. In all even-numbered years, Mother shall have custody of the child from 4:00 p.m. on Christmas Eve until 4:00 p.m. on Christmas Day, and Father shall have custody of the child from 4:00 p.m. on Christmas Day until 4:00 p.m. on December 26`x; and b. In all odd-numbered years, Father shall have custody of the child from 4:00 p.m. on Christmas Eve until 4:00 p.m. on Christmas Day, and Mother shall have custody of the child from 4:00 p.m. on Christmas Day until 4:00 p.m. on December 26`x. 9. Transportation. Unless the parties agree otherwise, the parties shall share transportation with the party obtaining custody responsible for transportation. 7 10. Disparaging Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other party either directly to the child or in the presence of the child. Likewise, the parties shall ensure third parties refrain from making any disparaging or negative remarks with regard to the other party either directly to the child or in the presence of the child. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the love and respect for the other parent. The parties shall not discuss custody issues with the child or in the presence of the child, they shall not use the child as an intermediary or conduit for custody discussions, nor shall they involve the child in any custody disputes. Mother and Father shall communicate directly on all custody issues, and each party shall promptly return all calls made by the other in an effort to establish positive co-parenting. 11. Alcohol/Controlled Substances. During any periods of custody, the parties shall not possess or use any controlled substances, and neither party shall consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that other household members or guests comply with this prohibition. Each parent shall monitor the child's behavior during his or her periods of custody, to guard against underage drinking or smoking, and if either parent learns of the child engaging in such behavior, he or she shall notify the other party. 8 12. Telephone/Address. Each party shall keep the other apprised of his or her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the child while the child is in the custody and control of the other party. Neither party shall unreasonably restrict the other party's access to the child by telephone, nor shall either party unreasonably prevent the child from calling the non-custodial parent. 13. Notification. If either parent is going to be away overnight with the child for two (2) consecutive overnights or longer, that parent shall provide notice to the other parent as to the location of the child and a number where they can be reached. Notice shall be given at least forty-eight (48) hours in advance of the overnight travel. 14. Relocation. Father and the minor child are presently residing within the West Shore School District. Father shall not relocate from said school district without first providing Mother ninety (90) days advance notice of any intention to relocate out of the school district. Said notice period is designed to afford the parties an opportunity to renegotiate the custodial schedule or have the matter addressed by the Court. 15. Miscellaneous. The parties agree the child shall continue to participate in therapeutic counseling with Dr. Andrea Hunt. Each party shall ensure the child attends all of Dr. Hunt's appointments, the frequency of said appointments shall be per the recommendations of Dr. Hunt. All costs of said counseling, which are not reimbursed by insurance, shall be shared equally by the parties. Each party shall promptly remit all necessary payments to Dr. Hunt to allow the child to continue with counseling without disruption. 9 Mother and Father further agree they shall attend and participate in co-parenting counseling and parent education with a mutually selected therapist. In selecting the therapist, the parties agree to maximize any available insurance coverage, and the costs for said co-parenting counseling not reimbursed by insurance coverage shall be shared equally by the parties. The frequency of co-parenting sessions shall be per the recommendations of the therapist or agreement of the parties, and each party shall promptly remit his or her share of payment to permit counseling to proceed without disruption. Mother shall continue in individual therapy per the recommendations of Dr. Shienvold. After Mother has continued in her individual therapy, and when Mother's therapist opines Mother is prepared to do so, Mother and the child will resume joint therapy with a therapist selected by Mother and the child. Each party shall ensure the child participates in said joint therapy, and any costs for the joint therapy not reimbursed by insurance coverage shall be shared equally by the parties. These parties shall promptly remit payment for his or her share in order to permit counseling to proceed without disruption. 16. Entry of Court Order. The parties agree the terms and provisions of this Stipulation shall be entered as an Order of Court. 10 IN WITNESS WHEREOF, the parties hereby agree to the above terms as the day and date first written above. WITNESS AMANDA W. CERO WITNESS 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF V 1 BEFORE ME, the undersigned authority, on this day personally appeared AMANDA W. CERO, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. // ? GIVEN UNDER MY HAND AND SEAL OF OFFICE this (. day of 2009. ic in and for A 41:? Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GINGER L. GONTZ. NOTARY PUBLIC CITY OF HARRISBURG. DAUPHIN COUNTY MY COMMISSION EXPIRES MAY 17, 2012 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Ct rrlg to 1pNQ BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL C. EYER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2009. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nathan C. Wolf, Notary Public Carlisle Soro, Cumberland County My Commission Expires April 19, 2012 Member, Pennsylvania Association of Notaries Notary P blic in Commonweal ennsylvania Typed or printed name of Notary: My commission expires: 13 FILET)--_:)i-F;? `;,- LC 9 APR 27 A ? O?: Cv,.s. }_,, Lf , ` APR 2 8 2009 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMANDA W. CERO, Plaintiff ) V. ) MICHAEL C. EYER, ) Defendant ) NO. 2000-5861 CIVIL TERM CIVIL ACTION - LAW IN CUSTODYNISITATION ORDER OF COURT AND NOW, this 1 S' day of Av „'% , 2009, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for Agreed Upon Custody Order are incorporated herein an made an Order of Court. The August 14, 2008 custody hearing scheduled before the undersigned, but continued generally to facilitate execution of the Stipulation, is cancelled. BY THE COURT: Distribution: ??a ren J. Holst, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 ?Nathan C. Wolf, Esquire, 10 W. High Street, Carlisle, PA 17013, (717) 241-4436 eo ,£S LL y/29/aq t=/l hObl1.. 1e ?? 6Z 881