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Home My WebLink About01-05859 . ' , ' MICHAEL B. DEWIRE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-5859 CIVIL ACTION LAW AMY S. GERLACH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, October 15, 2001 , upon consideration ofthe 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, FA 17055 on Tuesday, November13, 2001 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. ~ Custody Conciliator U 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 acconinnodations available to disabled individuals having business before the court, please contact our office. Am 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 lI~fW~_ - ~ .' ^. .'.. -I ,-1 ,~ \JjjIiliM'ill!~d'-"'N~ldjUi!<~""-_t],.-_dd""-",,,,,,,,,,'_'i<~"~-")-'''MNh'_',AMi'_,!.i~c'-"-'-""',h1,i,_""H1;';1",;_,_,,:d"'_"h' ",;_";".,)~,;",-_,.;J;j;,llIi~t;,"~bIlil~",~,""",,_M;),,;JlIh~.~-- J{) 'It., tJl It! "/J ttl/ Ie; "It <:7/ ""' ""~~~_. W",' FllED~OfFICE . C' 'rn"" 'O^'O'^"Y Cc Tl-~I(, .,J;._,:,_ i ; ;-it. t ,.; ~iWUI I "I". V"~ '-.0 ji I' Ii 01 OCT 16 PH~: 14 CUlvlBEHLhND COUNTY PENNSYLV,\N1A t!u/ ItfYJt ~ ~'a:f ~ ~ ~.0 ~' ~~~ 4~ . " ~ ,j ~ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY MICHAEL B. DEWIRE, Plaintiff AMY S. GERLACH, Defendant 01 - 5~5q Cl~jl ORDER OF COURT AND NOW, , 2001 , upon consideration of the attached Custody Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2001, at o'clock___.m., for a Pre-Hearing Custody Conciliation 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. 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 717-249-3166 ):-, .,:- ~ .1'0' _ - J"" .7"-'.,_ " '~"'_c~'-'U~~ ", _ -, " ",." " ~'- -_ I , r^ , " , t;<! '. , . MICHAEL B. DEWIRE, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. CIVIL ACTION - CUSTODY : AMY S. GERLACH, Defendant 01 - 6851 Ciuj I COMPLAINT/PETITION FOR CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is Michael B. Dewire, an adult individual who currently resides at 138 Amy Drive, Carlisle, Cumberland County pennsylvania, 17013. 2. Defendant is Amy S. Gerlach, an adult individual who currently resides at Leiby Mobile Horne Park, 7073 Carlisle Pike, Lot 127, Carlisle, Cumberland County, Pennsylvania, 17013-9763. 3. Plaintiff seeks the entry of a custody order involving the minor child, Dylan Blake Gerlach, D.O.B. November 7, 2000. 4. The parties previously resided together and are the natural parents of the child. 5. During the past year, the child has resided with Defendant at Leiby Mobile Home park, 7073 Carlisle Pike, Lot 127, Carlisle, Cumberland County, Pennsylvania. 6. The natural mother of the child is Defendant. 7. The natural father of the child is Plaintiff who resides with his mother. 8. No present custody order exists and Plaintiff has no knowledge of any other litigation concerning custody of the I:-~" '_<"J_ ~^^ _ "___'j <,: !J'~,o:-=,_o~ _:"_""~;~! ''-:-"'"-:"' '_~'''T,"'''_j. ~:~'t~-: ~ ..,,, ~" ,-, '-""-7," , ~-- -~ ~ '. ". child in this or another court and Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. Defendant has recently refused Plaintiff physical and legal custody of the children without grounds and without basis. 11. Plaintiff and Defendant have been unable to agree upon a custody schedule, pick-up and drop-off times, transportation issues, primary physical custody, holidays, medical decisions and other legal custody issues. 12. An Order of Court is necessary to develop a routine period of custody along with holiday schedules and terms which address other important dates for custodial purposes. 13. The best interests and permanent welfare of the child will be served by ordering that both parties share legal custody of the child and directing that Plaintiff shall have shared physical custody of the child because Plaintiff is a fit parent who can take care of the child and who can provide him with a supportive, safe and healthy environment. 14. Plaintiff is capable of insuring a supportive and loving environment for the child, a home with appropriate lodging and insuring that the child is properly cared for, including making arrangements for day care when both parents are working. 2 "", --.,' ,. ---,,""::<;",;'l',---,~--,. I . .' ''-:1 ~. WHEREFORE, Michael B. Dewire, Plaintiff herein, respectfully requests that your Honorable Court enter a Custody Order which grants Plaintiff and Defendant joint legal custody, and which grants Plaintiff shared physical custody with Defendant. Respectfully submitted, Date: October /0 , 2001 () Andrew C. Sheely, Attorney for Plaintlff Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 3 . I. "" e._"'-,;,~G-~."1~''''''",, C_"," , , ~ I ."._'._e " :'f J.. , VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: October ,0 , 2001 ~jf~CV~!:-> Michael B. Dewire "1," -"",c _ ~ ..~ '.7'" ,P ~ I ,,".-,< -.",,-,>,,- ~ ~ . ~" ~ "<' III ~ - - -.1 ~ -.J ~__fi~ .JJll;c/' (") ~ - -t) ~ -0 . '.':' ~ .~ ... -& ~ .0- E9 tJ !J= CP :::s fL --...::: . ~.. ,""", ", "..1 (' { ~- ~ "'~~" ,JIL.~.,.,.~.,." ~~!~_~~i!.''''WWIJI>!~ "., ,-~~~U_}!:m,!,;m,'___,B~ ,,- --':"'" rt' '", -7 : -:-,.:: ::,' ~ C ~.-~ '-- :> _ II i 1 e> r~l~_~JL'M!~~!\j:~~.~n!!~,~ ' ." MICHAEL B. DEWIRE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-5859 CIVIL ACTION LAW AMY S. GERLACH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this -zo day of l)~ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Michael B. Dewire, and the Mother, Amy S. Gerlach, shall have shared legal custody of Dylan Blake Gerlach, born November 7,2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Both parties shall have equal access to all records pertaining to the Child, including medical and school records. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on Sunday, November 18, 2001 from 5:00 p.m. until 7:00 p.m. at the Mother's residence. B. The Father shall have custody on Thanksgiving Day in 2001 from 9:00 a.m. until 3:00 p.m. C. The Father shall have custody on Sunday, November 25, 2001 from 7:30 a.m. until 4:30 p.m. D. The Father shall have custody of the Child from Saturday, December I, 2001 at 10:00 a.m. through Sunday, December 2, 2001 at 4:30 p.m. E. Beginning on December 9, 2001 and continuing thereafter on alternating Sundays when the Father does not have a full weekend period of custody, the Father shall have custody on Sunday from 7:30 a.m. until 4:30 p.m. -"rf~'i':~ :"i., .~ -~ .' ".- ~- n'" " "~?- ~ F. Beginning on Friday, December 14, 2001 and continuing thereafter on alternating weekends, the Father shall have custody of the Child from Friday at 5:00 p.m. through Sunday at 4:30 p.m. The Father shall pick up the Child on Fridays at the residence of Eddie Dawson unless otherwise agreed between the parties. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at noon through Christmas Day at noon, and Segment B, which shall run from Christmas Day at noon through December 26 at noon. The Father shall have custody of the Child during Segment A in every year and the Mother shall have custody of the Child during Segment B in every year. B. EASTER: The Father shall have custody of the Child every year on Easter Sunday from 7:30 a.m. until 4:30 p.m. and the Mother shall have custody beginning at 4:30 p.m. on Easter. C. MEMORIAL DAY/LABOR DAY: In years when the Father's regular weekend period of custody immediately precedes Memorial Day or Labor Day, the Father shall retain custody of the Child through the holiday at 4:30 p.m. or at such other time as arranged by agreement of the parties. In years when the Mother has custody of the Child over the weekend immediately preceding Memorial Day and Labor Day, the Mother shall have custody of the Child for the holiday. D. JULY 4TH: The parties shall share or alternate having custody of the Child on July 4th as arranged by agreement. E. MOTHER'S DAY/FATHER'S DAY: The parties shall have custody of the Child on Mother's Day and Father's Day each year in accordance with the regular weekend custody schedule. F. CHILD'S BIRTHDAY: Each party shall be entitled to have a period of custody with the Child on the Child's birthday each year with the specific times to be arranged by agreement of the parties. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall have periods of vacation custody with the Child for up to 14 days each year (with no more than 7 days to be scheduled consecutively) upon providing at least 30 days advance notice to the other party. In the event the Mother schedules a period of custody under this provision during the Father's regular partial custody period, the parties shall cooperate in scheduling a makeup period of custody for the Father. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party of the address and telephone number where the Child can be contacted. :,,;;,~,,~-- - --",-~'"- o I' ~ ~,~ c 1 .... ~~ 6. Unless otherwise agreed between the parties, the Father shall be responsible to provide transportation for all exchanges of custody. Exchanges of custody shall take place at the Mother's residence, with the exception of exchanges on alternating Fridays, when the Father shall pick up the Child at the residence of Eddie Dawson. 7. The parties shall communicate directly with each other on a regular basis either by telephone or in person to discuss issues concerning the Child. 8. Neither parent 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. 9. 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 C / ( 1. cc: Andrew C. Sheely, Esquire - Counsel for Father ~;, ~ 11..2/-{)1 Karen Kurts and Robert Rains, Esquire - Counsel for Mother I ~~~- :".~ ;. , < ~- ,~ "" - -~ , I I - -- I ;4,~"""Mj'- .', 1!:r:llWi:liI!i!lW#: it:lii;il!hiitl,'tIltIW~ij~i;~"" "~'~i-'-'''''!'''''~~6'' lIT mL , "-~ ~-- ._,~ ,~,._., " ~ ',"",L.', "cr_;'"--,'\ij;,,-,,,~ ';,'J':" ""g:"J"~'V.4!#1l~ljW.jj;l "1 "-~:'~im"-"'-' -..., ~'~~'"ta~i1l!&i;I ~\!il!l'-' ,~,.',-",.-, ~--n.iI~~'- I:" (",_rl:I"'('~ I'LI,,1...,i ;":_, ,~:::";I....-rt'("'oV "_,II": ";"t'.,_,,,\\\"",,'lr\."\l .. __""__:"1,,,,.\\1.,<_,1 II \ 1>'5)1j ? I) ?\'I 3: \ \) " ,'F" ,," ,'" ("IJ-IJ'cN Cu~ph:.r\Lh;'\V v \'i \ , Pt.NNS,{L\lN~\P, " -~ '" <~ ~ MICHAEL B. DEWIRE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-5859 CNIL ACTION LAW AMY S. GERLACH, Defendant 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 subj ect of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dylan Blake Gerlach November 7, 2000 Mother 2. A Conciliation Conference was held on November 13, 2001, with the following individuals in attendance: The Father, Michael B. Dewire, with his counsel, Andrew C. Sheely, Esquire, and the Mother, Amy S. Gerlach, with her counsel, Karen Kurts and Robert Rains, Esquire. AJo (~An.J;,r4. Date 3. The parties agreed to entry of an Order in the form as attached. (O~~ Dawn S. Sunday, EsqUIre Custody Conciliator 13,;:u"t) ( ,*,-,!O'~'lffi!'l""""",,~,, ,r '" or. ...... " , , ..., ~~-~ ~~ 'r . p.. MICHAEL B, DEWIRE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V, 01-5859 CIVIL ACTION LAW AMY S. GERLACH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Jnly 05, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mecbanicsburg, P A 17055 on Wednesday, AU2ust 02, 2006 , the conciliator, at 11:30 AM fat 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 bereby directs tbe parties to furnisb any and all exIsting Protection from Abuse orders, Soeclal Relief orders, and Custody orders to tbe conciliator 48 bours prior to scbeduled bearin!!. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. Custody Conciliator piI 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 couli, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -'"'., '^"-" , ~,,-~' . , "'I ~;li~i\iiMif~k,:bH~,k:'blti;iM,i;.4'''''h!,ti;~Mj;(&~~MIllii.<lJ:fo:'<"' ,,,,,,_,l,,,.,,,~,,,',:~i--,;,,,;, ,'."~".$;;~;!el~M'~~iJlj~iflIl_j_~~~~I~lIl_.wr.::(IillliliIlrii\I"" c!,h,~lgl,.J ,Jg lUll I_~.~,..,.._ 7-S-'0t;P 7 <j-Ot:- 7-S-'oC" ~ , , J '..., ~J !-. )'j L~ CUi. .~- ,-' .' ~"~- '~~(Iilt_ . - ~-~, ~:A/ ~ ~~ 71~ ~ ~dft. I~~ c~~..#~ ,".~"', ~, . A~drew c. sheely, Esquire 1~7 S. Market street p.o. Box 95 Mechanicsburg, PA 17055 PA. ID NO. 62469 717-697-7050 (Phohe) 717-697-7065 (FaX) - ::-. '. ~ - : ~ -~: . t. "V, c... ;; 0 ./ MICHAEL B. DEWIRE, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY vs. : AMY S. GERLACH :01 - 5859 CIVIL TERM Defendant/Respondent :IN CUSTODY ORDER OF COURT AND NOW, , 2006, upon consideration of the attached Custody Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2006, at o'clock ___.m., for a Pre-Hearing Custody Conciliation Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. , FOR THE COURT, 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. By: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD OINE, 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 (717) 249-3166 1-800-990-9108 ,,;~~ ~ ~-- , ~~ .~ , Andrew C. Sheely, Esquire 127 s. ~arket street P.O. Bo}\: 95 MechaniQsburg, PA 17055 FA 10 NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) MICHAEL B. DEWIRE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - CUSTODY vs. : AMY S. GERLACH Defendant/Respondent 01 - 5859 : IN CUSTODY CIVIL TERM PETITION FOR MODIFICATION OF CUSTODY ORDER plaintiff/petitioner, Michael B. DeWire, by and through his counsel, Andrew C. Sheely, Esquire, hereby files this Petition for Modification of an existing custody order and respectfully states as follows: 1. plaintiff/Petitioner, MICHAEL B. DEWIRE, (hereinafter referred to as UFatherU) is an adult individual who presently resides at 32 Terri Drive, Carlisle, PA, 17013. 2. Defendant/Respondent is AMY S. GERLACH, (hereinafter referred to as UMother") is an adult individual who presently resides at 542 Criswell Drive, Apartment B, Boiling Springs, PA, 17007. 3. The parties are the natural parents of Dylan Blake Gerlach (D.O.B. 11/07/00). 4. An Order of Court for Custody dated November 20, 2001, signed by the Honorable Edgar B. Bayley, marked Exhibit UA", attached hereto and incorporated by reference herein. 5. On or about April 11, 2006, Father received a phone call '~!, - ~~ from Mother stating that Father needed to remove Dylan from Mother's home because it had been declared lluninhabitablell. 6. Father believes that Cumberland County Children and Youth Services is performing an investigation as to condition of mother's residence. 7. Dylan has been living with Father since on or about April 11, 2006. 8. Since prior order of court, Father married on September 18, 2004 and presently resides with his wife, Heather Dewire. 9. Father is capable of providing a separate bedroom, supervision, care and support which are in the best interests of Dylan. WHEREFORE, Father respectfully requests this Honorable Court enter an Order which: A. awards shared legal and primary physical custody of child to Father; and B. which represents the best interests of the child, including updating primary physical custody schedules, vacation days and holiday times; and C. any other relief in the best interest of the child. Respectfully submitted, Date: June Z. ~ , 2006 &!:s:.B. Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 2 i.c" . :"_,~ - p ~ """-~ ~- r , VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date l June 23 , 2006 ~L/ :pJ)./V~~ ' Michael B. DeWire f;~.(nr~ ~ ~J _ ~ ~.~ ~,~ r ---, - Exhibit "A" dt\\'__""~~ - -.' ~~~ -~ .. '-"'~' MICHAEL B. DEWIRE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs. 01-5859 CNIL ACTION LAW AMY S. GERLACH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this .J.tJ 0-' day of 71AHH--L~ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Michael B. Dewire, and the Mother, Amy S. Gerlach, shall have shared legal custody of Dylan Blake Gerlach, born November 7,2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Both parties shall have equal access to all records pertaining to the Child, including medical and school records. 2, The Mother shall have primary physical custody of the Child., 3. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on Sunday, November 18, 2001 from 5:00 p.m. until 7:00 p.m. at the Mother's residence.' B. The Father shall have custody on Thanksgiving Day in 2001 from 9:00 a.m. until 3:00 p.m. C. The Father shall have custody on Sunday, November 25, 2001 from 7:30 a.m. until 4:30 p.m. D. The Father shall have custody of the Child from Saturday, December 1, 2001 at 10:00 a.m. through Sunday, December 2,2001 at 4:30 p.m. E. Beginning on December 9, 2001 and continuing thereafter on alternating Sundays when the Father does not have a full weekend period of custody, the Father shall have custody on Sunday from 7:30 a.m. until 4:30 p.m. "'i~I'~"', _ ."~,<, -..,"..'i-' r" , -", 1'- - . ',~'- ,." "'" ~- t" F. Beginning on Friday, December 14, 2001 and continuing thereafter on alternating weekends, the Father shall have custody of the Child from Friday at 5:00 p.m. through Sunday at 4:30 p.m. The Father shall pick up the Child on Fridays at the residence of Eddie Dawson unless otherwise agreed between the parties. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at noon through Christmas Day at noon, and Segment B, which shall run from Christmas Day at noon through December 26 at noon. The Father shall have custody of the Child during Segment A in every year and the Mother shall have custody of the Child during Segment B in every year. B. EASTER: The Father shall have custody of the Child every year on Easter Sunday from 7:30 a.m. until 4:30 p.m. and the Mother shall have custody beginning at 4:30 p.m. on Easter. C. MEMORIAL DAYILABOR DAY: In years when the Father's regular weekend period of custody immediately precedes Memorial Day or Labor Day, the Father shall retain custody of the Child through the holiday at 4:30 p.m. or at such other time as arranged by agreement of the parties. In years when the Mother has custody of the Child over the weekend immediately preceding Memorial Day and Labor Day, the Mother shall have custody of the Child for the holiday. D. JULY 4TH: The parties shall share or alternate having custody of the Child on July 4th as arranged by agreement. E. MOTHER'S DAY/FATHER'S DAY: The parties shall have custody of the Child on Mother's Day and Father's Day each year in accordance with the regular weekend custody schedule. F. CHILD'S BIRTHDAY: Each party shall be entitled to have a period of custody with the Child on the Child's birthday each year with the specific times to be arranged by agreement of the parties. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall have periods of vacation custody with the Child for up to 14 days each year (with no more than 7 days to be scheduled consecutively), upon providing at least 30 days advance notice to the other party. In the event the Mother schedules a period of custody under this provision during the Father's regular partial custody period, the parties shall cooperate in scheduling a makeup period of custody for the Father. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party of the address and telephone number where the Child can be contacted. :' ~"'+"'-'''''--'i'"-'"'''tJ~.!!,~'''-"'' '__-~'~ - ;"'-'_""'~1' >,' " " ' ,.. '. ["'-,""~ -<il' . 6. Unless otherwise agreed between the parties, the Father shall be responsible to provide transportation for all exchanges of custody. Exchanges of custody shall take place at the Mother's residence, with the exception of exchanges on alternating Fridays, when the Father shall pick up the Child at the residence of Eddie Dawson. 7. The parties shall communicate directly with each other on a regular basis either by telephone or in person to discuss issues concerning the Child. 8. Neither parent 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. 9. 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, N~I1,.g~ I I J. cc: Andrew C. Sheely, Esquire - Counsel for Father Karen Kurts and Robert Rains, 'Esquire - Counsel for Mother r; :-':~ ,:::: ',"" "'-',"'-""'il,. ,\ :r In T;:-;..' \",;,.._"....:c " "<-' r:'n< .~'~~(, f.;"""., ' ',', ,", .~, ~ 1"'", o.!?:c "''''''':1tv'~' ,." '" Hf,. ~ '.,.';' "'" r.ktdL' S~-"., " ,,,-,-/2 '... O' , ''-'. ~ '~---$.~ Prmt'lm{81arl" j,'-'l . " "1.'-_'''''''''^~_:C<~''' ,_,' '._,~ .,'c'?, .,,,~,,,- ,_ _,,.,~, _tL . , ,. ""~,"W, M' ""'"'~fl1C 1"lflmrIT i ir"r:;W"~W'l\1"'i!iil:ljij''i?li\,"' "..-...--, " () ,""-) !) , '.:"'::> 1 ~ ,-,-, '''11 ~ ~ ," C 1...;::; ...... ~ ~ c.- o.(,) ~ I" .> ~ 4 ~:.} ~ L~: ,;-:C} ,- , c.. ~, "- J- ~ ~~ ,_J!lllllIW !if _r~~~~,.~~"1'~~'WlP\1 _ ~~~, m!II~~~Il"t'1fl'l!,"mm,~1"'~ll"";~"!'-'j!"~"Y."'''1''1M1'''"W''_'_;i'';~'fl~iilI~~~~~~Il'!M~M'9-'l%'!~1l"f~I~"~" ~ Andrew C. Sheely, Esquire ~ 127 S. Market Street "'P.O. Box 95 Mechanicsburg, PA 17055 FA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) vs. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY MICHAEL B. DEWIRE, plaintiff/Petitioner AMY S. GERLACH, Defendant/Respondent 01 - 5859 CIVIL TERM : IN CUSTODY Ot<.pER... AFFIDAVIT OF SERVING .CQllFL..uU COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND ANDREW C. SHEELY, being duly sworn according to law, deposes and says that a true and correct copy of the Petition for Modification of Custody Order in the above-captioned matter to be served upon AMY S. GERLACH, by Certified Mail, Return Receipt Requested, as indicated by the attached receipt cards, on July 14, 2006. 1::c~ - SWORN to and subscribed before me this/(lLday of ~uly, 2006. ~7.fj~ Nary PubllC My Commission Expires: "/,<( f;J.oO c. . ,- - ",~ ." ., N ER: COMPLETE THIS SECTION '. i'-~rnp(et.f Ite/Tls 1, ~!, antl 3, Also complete (tflm d. If Restnded Dehvt'ry is desired. III Print Y<lUt ~;'I,'T\\~ and ad~r€:s~ Ol~ \h~ reverse so that we can return tne ca.rd to Ijou, . J~ltach this card to the back oi the mailpler;e, Dr {XI 'the l'font n: space permits. j r\rtlCle Add(I3~'Sl':d to: Amy S. Gerlach 542 Criswell llrive Apartment B Boiling Springs, PA 17007 .:~_ .<\nk.\e N\lmtler (Copy trom Y!n,(;e (<;loE'fJ R.,...x,wed by (P!e~~_'>.t!i Prilll cr",arlyJ ci c,jV f (;" i", '~l. ~_,~::....L."..._._.____.__~. C. Si9nilt\)lP x Q"", _.I. .A"'k'~" k.c o 15 d",hV€.1 y address different from item 1 ',f If )' E;::, ,,,,Iller de('vmy ",ddre..<,.<;. tu;!IOV.' CJ A'~lE"nt CI AddreS':;.>'::i" ;:] 'res [J No 1_- -."--.--.-.- a .;::;ervice T:'/P~ I g CertJfled Mail [J eXpress Mau I D RI:q6ferl:!d U Return Hl'x:eipt tor Mercni."lIld!$f; [J J:1SUreCI Mall [J C.OD, G_~ef.,1n~~~_~,,:)09liVe;y;' iE-dr.:1 ~~:')~__~-.~._.E_ Ye~ 7001 2510 0000 3029 4329 ._-_..~----~--_.. P,S hJirn ~~811, .Julv 'J999 Domestic Rt~ll.Jrlllieceipt l')b~.s-O['-M.(lg52_ 1}i CC~" '"N "' i"""""'rni1ilfi4~r~1t1:lrli'i1:'1iilI;lr'W;~'i .. . l 1 1 " ~-, " ~_ ,~_ ""'1:'<><< ~!ijWi!~il!mW'j'I'f1'\'!m':fl'~]] ~, ,"__.,"__ _ "J3I~~_~,~1ll1J!!~~j~'M';"~!"'irp..~g>0f''''ii1f<~~:-W'~~~1ii~flI:1!~~S1!'Jrjl~rA'fi~Jl..,.:U_-'_\~"'#i'- U' . , r HECEIVED ,~'jG 042006 Y' MICHAEL B. DEWIRE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-5859 CIVIL ACTION LAW AMY S. GERLACH Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of , 2006, consideration of the attached Custody Conciliation Report, t is ordered and directed as follows: upon 1. The prior Order of this Court dated November 20, 2001 shall continue in effect as modified by this Order. 2. The Father shall have primary physical custody of the Child. 3. For the remainder of the Summer school vacation, the Mother shall have partial physical custody of the Child on Wednesdays and Thursdays from 7:30 a.m. until 4:30 p.m. The Mother shall also have custody on Fridays from 7:30 a.m. until a time to be arranged by agreement between the parties. After school begins, the Mother shall have custody every Wednesday and Thursday from after school until 8:00 p.m. In addition throughout the year, the Mother shall have custody of the Child on alternating weekends on Saturday from 8:00 a.m. until 2:30 p.m. and on Sunday from 4:30 p.m. until 8:00 p.m. 4. The Mother shall notify the Father when she has obtained a residence appropriate for overnight periods of custody, at which time the parties shall cooperate in expanding the Mother's custodial periods to include overnights after the Father has an opportunity to observe the Mother's proposed housing arrangements. 5. Unless otherwise agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange of custody. The Father shall pick up the Child at the residence of Eddie Dawson, unless otherwise notified by the Mother. 6. The parties shall cooperate in scheduling Christmas holiday time for the Mother during the segment running from Christmas Eve through Christmas Day if the Mother is not working. ;"'.-? ,. ~- '.'-~I " ^ . I -, - . 7. This Order is entered pursuant to the 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. -- J. "'~_"_W I - "-""l'~~~n~'-- ~~. ~E_ ~ jJ l\J ,-L.....;~-:".":,j:"""",,,,.<.<, , _ _ -. ,,'ir-,.J;'~ _,,,.,,,1 ;,~, -...>,,,,'/,,,.,,,,.:'-1.: '-c' , '-','o_ijl~ "-o"",g"liJ,1i!il9iItf",, Il[~!~""",. ~( -'"a _""-"c',,,__,,,,._,r.c' " ,,-u,;',,""""" ''',,"~'''''''=~''''- I I III. n --< ![ ~ ~ ~ ~ -C1DJ ;,;,. ~ifl lf1rr, c::: ~~; G") I i52 1.0 ~- ~C:~. 2>0 ):...,...~~, o~ 2>< ::l:: >c:: z. 9? om 2: """ -I N "~ -<: 1.0 -< !1 MICHAEL B. DEWIRE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-5859 CNIL ACTION LAW AMY S. GERLACH Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY RJEPORT 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 Dylan Blake Gerlach November 7, 2000 Father 2. A Custody Conciliation Conference was held on August 2, 2006, with the following individuals in attendance: The Father, Michael B. DeWire, with his counsel, Andrew C. Sheely, and the Mother, Amy S. Gerlach, with her counsel, Gail Guida Souders, Esquire. 3. The parties agreed to entry of an Order in the form as attached. A-urY.lr d... d-(vv Date D~~~ Custody Conciliator i- .~~~ ''''~:->-_''C''i-'- ",' ,~ " ",