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HomeMy WebLinkAbout09-5710SHERRY BYRNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY GREGORY BYRNE, Defendant. : NO. 09- CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Sherry Byrne, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Sherry Byrne, residing at 4 Evergreen Lane, Mecanisburg, Cumberland County, Pennsylvania 17050. 2. The defendant is Gregory Byrne, whose present whereabouts are unknown. 3. Plaintiff seeks primary custody of: Name Present Residence Age MichaelAnn unknown 12 The child was born within the parties' marriage. Plaintiff believes the child is presently in the custody of Gregory Byrne, who Plaintiff believes is somewhere in Chambersburg. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Sherry and Gregory Byrne 4 Evergreen Lane, Mechanisburg, PA 17050 December 2003 to August 15, 2009 Gregory Byrne Unknown August 15, 2009 to present The mother of the child is Sherry Byrne. She is married. The father of the child is Gregory Byrne. He is married. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides alone. 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship MichaelAnn Byrne Daughter unknown 6. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state other than Petition for Special Relief filed contemporaneously with the this Complaint for Custody. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for all of the child's life; b. The child has been diagnosed with Rett Syndrome, Epilepsy, and mental retardation. These conditions require a very restrictive Ketogenic Diet, several medications, the assistance of a certified nurse's aide and a habilitation aide. All such medication and support are already established at Plaintiff's home. c. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's special needs; d. Defendant took the child without the Plaintiff's knowledge and has refused to return the child or tell Plaintiff where he and Child are living. e. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her shared legal custody and primary physical custody of the child, with the father having periods of partial custody. Respectfully submitted, Date: 1z zqC/ Rachel Allen Certified Legal Intern ANNE NALD-FOX Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Sherry Byrne OF THE P; sib 7,-toP ?0TARY 2005 AUG 18 P,4' 4: 13 Grp Sherry Byrne, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Gregory Byrne, ; Defendant NO. 09-,5-10 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Sherry Byrne, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date 3-11 8/_0 Respectfully submitted, Rachel Allen Certified Legal Intern ANNE DONALD-FOX Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 nL, 1094Uc I r T*Y 8 PH 4 13 cc, Sherry Byrne, Plaintiff/ Petitioner V. Gregory Byrne, Defendant/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY No. 09- 57 CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 18 day of August, 2009, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Sherry Byrne, by her attorneys, the Family Law Clinic, seeking emergency custody of her minor daughter, MichaelAnn Byrne, born December 12, 1996. In support of her Petition for Emergency Relief, Petitioner avers the following: 1. The petitioner is Sherry Byrne, an adult individual who resides at 4 Evergreen Lane, Mechanicsburg, PA 17050. 2. The respondent is Gregory Byrne, an adult individual whose present whereabouts are unknown. 3. The petitioner is the biological mother (hereinafter "Mother") of the 12-year-old minor child, MichaelAnn, born December 12, 1996 (hereinafter "Child"). 4. The respondent is the biological father (hereinafter "Father") of the child. 5. The child was born within the parties' marriage. 6. Child has resided with Petitioner and Respondent since birth. 7. Child has been diagnosed with Rett Syndrome, Epilepsy, and Mental Retardation. These severe disabilities require extensive support and services along with a restrictive ketogenic diet, which have already been established at Petitioner's home. 8. The parties resided together until August 15, 2009. 9. On Saturday morning, August 15, 2009, Father took Child from the marital home without informing Mother. Mother awakened and found Father and Child missing. Mother called Father, who did not answer his phone. Mother contacted the police who informed her that they could not do anything about the custody matter. The police did, however, contact Father and informed him that he needed to tell Mother that Child was safe. Father called Mother and told her that Child was safe, but refused to disclose their location. Mother requested that Father return Child to her and Father refused. 10. Around 4pm on August 15, 2009 Mother found a note that Father had left in the house which stated that he had taken the child. The note told Mother not to contact Father for several days. The note did not say where Father was going. 11. Mother sent Father an e-mail the evening of August 15, 2009 requesting that he return Child to her. Mother reminded Father that he did not have Child's new medication, the required information needed to follow the restrictive diet, or access to the necessary support systems for Child. 12. On the morning of August 16, 2009, Father called Mother and asked for the password to get the necessary food plan menus from the internet. Mother, again, requested that Father return Child. Father stated he would think about the situation and call Mother the following morning. The parties agreed to meet at Child's music therapy on August 17, 2009. 13. On Monday August 17, 2009, Father failed to call Mother as promised. Father brought Child to music therapy, where Mother was also present. Mother again requested that Father return Child. Father refused. Mother informed Father that Child did not look well and suggested Father take Child to the Doctor. Father stated he would make an appointment; however, Mother later learned that Father did not do so. 14. Father has refused to tell Mother where he and Child are living. Father now refuses to answer Mother's telephone calls. 15. Father has told Mother that he plans to enroll Child in a new school but will not tell Mother which school, although Mother believes the school may be in Chambersburg, Franklin County, Pennsylvania. 16. Child is currently enrolled in Cumberland Valley School District, Eagle View Middle School, for the school year starting on August 26, 2009. At this school, Child will have the same physical therapist and will be among some of the same students as the last few years. There is also a current IEP established for Child in Cumberland Valley. Because of Child's medical conditions, Child's medical providers have advised Mother that continuity and familiarity are very important to her development 17. Father knew of an appointment that Child had at Eagle View Middle School to meet Child's new teacher on August 18, 2009, and he failed to bring Child to the appointment. 18. School in the Cumberland Valley school district begins in eight days on August 26, 2009. 19. Because of Child's daily seizures, Child is on a very restrictive diet and a detailed medication routine involving eight separate medications. Child has functioned with the assistance of both a certified nurse's aide and a habilitation aide since the age of 3. Child has several therapy appointments each week. Child's ketone levels need to be measured daily. Mother already has the necessary support systems established in her home and at Child's school. Mother takes Child to therapy and regular Doctor appointments. 20. Father's extensive work schedule makes it difficult for him to take adequate care of Child, who requires constant care. 21. Mother is filing a Complaint for Custody contemporaneously with this Petition for Special Relief. 22. Mother believes and therefore avers that it is in the best interests of the minor child that Mother be granted shared legal and temporary primary physical custody of the child, pending further Order of Court. WHEREFORE, the petitioner, Sherry Byrne, respectfully requests that this Honorable Court restore the status quo by entering an Order granting Petitioner shared legal and temporary primary physical custody of the Child, MichaelAnn Byrne, by ordering Respondent to return the Child immediately to Petitioner, by directing the Cumberland County Sherriff's Department to assist in the return of the child to Petitioner, and by scheduling this matter for hearing or conciliation. Respectfully submitted, ell/off Date -0e, e?' Rachel Allen Certified Legal Intern ANNEDONALD Supervisor Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ?O o ?------ Date: 1-12& el? 61 She rne, P itio r THE 1009 AUG I g PM 4: 1 3 A4.tvfy???Vr1'?''UNAY ? ?P A SHERRY BYRNE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA. V. CIVIL ACTION - LAW GREGORY BYRNE, Defendant/Respondent NO. 09-5710 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of August, 2009, it is ordered that a hearing on this petition for emergency relief shall be held in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 1:30 p.m. on Wednesday, August By the Cou Anne MacDonald-Fox, Esquire For Plaintiff -,e'G"regory Byrne 4 Evergreen Lane Mechanicsburg, PA 17050 Sheriff - PLwcEcLi,6 prs I ts enaELL "Of 8/20/v9 -7-M 009. FILED -OrRICE OF THEE PROTHCNIOTARY 2009 AUG 20 AM 9: 4 4 OXNIFY i' "4+` SYLVANIA Sherry Byrne, Plaintiff V. Gregory Byrne, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 09 - 5710 CIVIL TERM CERTIFICATE OF SERVICE I, Rachel Allen, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint and Petition for Special relief on Defendant's attorney, Susan Candiello, Esq. by depositing a copy of the same in the United States first class mail, postage prepaid, addressed to 4010 G1enFinnan Place, Mechanicsburg, PA 17055 and by facsimile to (717) 724-2279 on August 20, 2009. 40??ZA Rachel Allen Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Fl OFFICE ric F THE . ,CTP??®TARY O 2009 AUG 20 AM 9.5 6 c.f Viet 0 SHERRY BYRNE, PLAINTIFF VS. GREGORY BYRNE, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 09 - 5710 CIVIL TERM CIVIL ACTION - LAW ACTION FOR CUSTODY ANSWER TO PLAINTIFF'S EMERGENCY PETITION and NEW MATTER AND NOW, comes the Defendant, GREGORY BYRNE, by his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Answer to the Plaintiff, SHERRY BYRNE'S Petition For Special Relief, and in support thereof asserts as follows: 1. Admitted. 2. Denied and By way of further explanation, Defendant, Gregory Byrnes (Father), had provided his work address and his attorney's address for Plaintiff, Sherry Byrne (Mother). Father was afraid to provide his new home address because Mother has been and can be violent. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and Denied in part. The Child has been diagnosed with the stated illnesses, but, the Child's support services and diet are not connected with the Plaintiffs home. 8. Admitted. 9. Admitted. s 10. Admitted and by way of further explanation, Father gave Mother on this note his attorney's phone number and encouraged Mother to call his attorney for further information. Mother never called Father's attorney. 11. Admitted in part and Denied in part, Mother did send the email, but Father had all information, medication and necessary support systems for the Child in place. 12. Admitted. 13. Admitted in part and Denied in part. Father does not telephone Mother because she yells and berates him and they are not able to actually talk and communicate. Father has chosen to communicate with Mother via email to avoid the shouting and yelling. Father did take the Child to the Doctor. There was nothing wrong with the Child. Father emailed Mother all the information concerning the Child's visit to the Doctor. 14. Admitted and By way of further explanation Father does not telephone Mother because Mother will not speak with Father in a civil manner, only screaming and berating him, so Father emails all communications to Mother. 15. Admitted. 16. Denied. Byway of further explanation see New Matter. 17. Denied. By way of further explanation see New Matter. 18. Denied. Father does not have sufficient knowledge to know the truth of the matter asserted. 19. Admitted in part and Denied in part. The statements about the Child's needs are admitted. It is denied Mother provides care to the Child. 20. Denied. By way of further explanation see New Matter. ?l 21. Denied. Father does not have sufficient knowledge to know the truth of the matter asserted. 22. Denied. By way of further explanation see New Matter. NEW MATTER 23. Paragraphs 1 through 22 of this Answer are incorporated herein by reference thereto. 23. Mother is diagnosed with multiple sclerosis and fibromyalgia and does not have the physical and sometimes the mental ability to provide care for the Child. 24. Mother spends the majority of every 24 hour day in bed or on the couch in the living room of the marital residence. 25. Mother does not provide any personal care to the Child. 26. Father works and comes home to do all the housework and provide care to the Child. 27. Mother's actions and failure to act have created many dangers in the marital residence for the Child, which Mother refuses to address. 28. Father does not believe it is in the best interests of the Child to continue to reside in the marital residence. 29 Father researched the Franklin County Learning Center. This facility has many beneficial programs for the Child which are not available to the Child at Cumberland Valley Schools. 30. Father located a home near his employment and the Franklin County Learning Center. 31. Father has been providing care for the Child since she was born. Father is able to provide a substantial amount of the Child's care with only some assistance from caregivers. Mother is not able to provide any care for the Child and must rely entirely on caregivers. 32. Mother does not have the ability to care for the Child in the event of an emergency. 33. Father is using the same agency and one of the same caregivers who have been providing care for the Child. 34. Father carefully planned a new environment for the Child, which he believed would improve the Child's physical and psychological health. 35. After only two (2) weeks, the Child's seizures and screaming have significantly decreased. 36. For several months Father had attempted to work together with Mother to reach an agreement to provide the best for their Child, Mother has refused even to the point of hitting Father with a chair and calling the police. Father has realized Mother would never cooperate in any manner. 37. Father strongly believes he has moved the Child to a significantly better school and stable environment than the Child was previously living in. WHEREFORE, Defendant, GREGORY BRYNE, respectfully requests that this Honorable Court grant the Defendant, GREGORY BRYNE and Plaintiff, SHERRY BRYNE, SHARED LEGAL CUSTODY and Defendant, GREGORY BRYNE, PRIMARY PHYSICAL CUSTODY and Plaintiff, SHERRY BRYNE, PARTIAL PHYSICAL CUSTODY of the parties' minor child, MICHAELANN BRYNE Dated: Augus , 2009 Respectfully submitted, LAW FIRM OF SUSAI u a r"Kay Candiello, *sai Counsel for Defendant. PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 Y P. VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C.S.A. §49+04 relating to unworn falsification to authorities. DATED: F _ GRE R A. VRNE OF THE 2069 AUG 25 AM I i * :; 9 Sherry Byrne, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Gregory Byrne, Defendant NO. 09 - 5710 CIVIL TERM CERTIFICATE OF SERVICE I, Rachel Allen, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Court Order scheduling a hearing on the Petition for Special Relief on Defendant's attorney, Susan Candiello, Esq. by depositing a copy of the same in the United States first class mail, Postage prepaid, addressed to 4010 GlenFinnan Place, Mechanicsburg, PA 17055 and by facsimile to (717) 724-2279 on August 20, 2009. Rachel Allen Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 2009 AUG 24 AM O: 0 9 CLI 1 SHERRY BYRNE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY BYRNE DEFENDANT 2009-5710 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 24, 2009 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 29, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ John . Man an r. 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 OF 7 -F 2009 AUG 25 Ali 10: "i 9 SHERRY BYRNE, Plaintiff/Petitioner V. GREGORY BYRNE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5729 CIVIL TERM NO. 09-5710 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of August, 2009, there having been a custody complaint filed at 09-5710 upon which the Court this date is holding a petition for emergency relief, and there having been a custody action filed as part of the divorce action at 09-5729, and at that term and number there having been an order entered already setting the case for a conciliation conference, the custody portion of that case and this case at 09-5710 is consolidated. Rachel D. Allen, Certified Legal Intern Anne MacDonald-Fox, Esquire For Plaintiff Susan K. Candiello, Esquire For Defendant Sheriff ,14- prs A U OF THE P "`)T ljy 2009 AU G 27 Afi i?? 08 SHERRY BYRNE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY BYRNE, DEFENDANT 09-5710 CIVIL TERM ORDER OF COURT AND NOW, this Z?l day of August, 2009, the petition of Sherry Byrne for emergency relief, IS DENIED. MichaelAnn Byrne, born December 12, 1996, shall live with her father and go to school out of his residence in Franklin County pending further order of court following a resolution of the merits of the custody case. Bythe? £"ourt, Edgar B. ayley, J. Rachel D. Allen, Certified Interin Anne Macdonald-Fox, Esquire For Plaintiff Susan Kay Candiello, Esquire For Defendant ?'ry :sal OF Fa E 114E y 2009 AUG 27 Al's 11: 07 Sherry Byrne, Plaintiff V. Gregory Byrne, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 09-5710 CIVIL TERM ACCEPTANCE OF SERVICE I accept service of the Custody Complaint and the Petition for Special Relief. I certify that I am authorized to accept service on behalf of Defendant, Gregory Byrne. Date p'Z?4 6 OF THE FILED— ?+y -ARY ., 2009 AUG 31 ,A 11: 2 7 CEtv":wL.. r u;TY Y M? 41. 146 SHERRY L. BYRNE, PLAINTIFF V. GREGORY A. BYRNE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUSTODY : 09-5710 CIVIL TERM ORDER OF COURT AND NOW, this t-'5 day of October, 2009, upon consideration of the attached Custody Conciliation Report, IT IS ORDERED THAT: (1) The order of August 27, 2009, shall remain in effect with the additional provision that Sherry Byrne and Gregory Byrne shall have shared legal custody of MichaelAnn Byrne, and the mother shall have MichaelAnn (a) every weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Father shall transport the child to therapy and mother shall pick the child up from therapy at Living Unlimited in Carlisle on Friday at 5:00 p.m. and the parents shall exchange custody again at 5:00 p.m. on Sunday at the Giant supermarket in Mechanicsburg, and (b) at such other times as the parties may mutually agree. (2) Custody docket number 09-5710 and the custody claims at docket number 09-5729 (Count II-Request for Confirmation of Custody) are hereby consolidated. All further custody pleadings shall be filed under docket number 09-5710. (3) A custody hearing shall be held on the 12th day of November, 2009, at 8:45 a.m. in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at which time testimony will be taken in regard to legal and physical custody of MichaelAnn Byrne. For purposes of this hearing, the mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least five days prior to the hearing date. (4) MichaelAnn shall go to the educational environment that the current Individual Education Plan team deems best in MichaelAnn's interest. (5) Right of first refusal: In the even that there is no school or that MichaelAnn is ill, and father is unable to care for the child, mother has the right of first refusal in regard for caring for MichaelAnn. (If father cannot get off of work to care for MichaelAnn, he shall contact mother first to offer custodial time to mother). (6) Neither parent shall smoke in confined places (specifically vehicles and households) when the child is in their care. (7) Both mother and father shall adhere and follow MichaelAnn's IEP recommendations. (8) Holidays: For Thanksgiving, father shall have Thanksgiving Day and mother shall have Friday the day after Thanksgiving from 9:00 a.m. until Sunday at 5:00 p.m. For Christmas, mother shall have from noon on December 24 until noon on December 25. Father shall have from noon on December 25 until noon on December 26. (9) Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the child. .1 . (10) In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. (11) The parents shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication when they have MichaelAnn. They shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. ? Anne Macdonald-Fox, Esquire Susan Candiello, Esquire :sal OZF ties rr%ZLLL ID/ISIC>T Edgar B. Bayley, J. . ar SHERRY L. BYRNE V. GREGORY A. BYRNE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Defendant Prior Judge: Edgar B. Bayley, P.J. : No. 09-5710 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of MichaelAnn E. Byrne 12/12/1996 Primary Father 2. A Conciliation Conference was held on September 29, 2009 with the following individuals participating: The Mother, Sherry Byrne, with her counsel, The Family Law Clinic, Sara Mollett, certified legal intern and Anne MacDonald Fox, Esq. The Father, Gregory Byrne, with his counsel, Susan Candiello, Esq. 3. Mother's position on custody is as follows: Mother maintains that she has been the Child's primary care-giver and desires to have primary custody of the Child. MichaelAnne has severe cognitive and physical disabilities. MichaelAnn is non-verbal and is slowly losing her ability to walk and communicate. The Child is also legally blind. MichaelAnn is on a very strict diet as well. The Child has been diagnosed with Rett Syndrome, epilepsy, mental retardation and NBIA (an MRI recently showed neuron degeneration with iron deposits). Mother maintains that MichaelAnn should be in public school with special needs support/therapy in place. Mother maintains that MichaelAnn should be in the least restrictive environment. This is what MichaelAnn had been involved with at Cumberland Valley prior to moving to Franklin County with her Father. Mother alleges that she had been the Child's primary care-giver and that she has worked extensively with disabled children and adults. Even though Mother has her own physical disabilities, Mother maintains that she is better suited to care for MichaelAnn and is able to take the Child to medical appointments. Mother indicates that she is able to properly supervise and care for her daughter. 4. Father's position on custody is as follows: Father seeks primary physical custody of the Child. Father indicates that that he had been, and is, the Child's primary care-giver. Father indicates that he has arranged to have aids come in to assist him with MichaelAnn. Father indicates that Mother's residence is not appropriate for MichaelAnn and that Mother does not properly supervise his daughter. Father maintains that Mother does not have a relationship with MichaeUnn to the extent that he does. Father alleges that Mother is not physically able to care for MichaelAnn and that he has a better psychological/emotional bond with the Child. Father indicates that he has, and will continue to, take MichaelAnn to all of her medical and therapy appointments. Father would like to enroll MichaelAnn in the Franklin Learning Center, which is a specific school designed to meet the needs of disabled children. Father indicates that his work schedule is relatively flexible and that he has a very close relationship with the Child. Father indicates that he is equally, if not better, able to offer the Child a stable home environment as Mother can. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: A?W ot_L_Ie?? Jo J gan, Esquir C t y Conciliator FILED-OFFICE OF THE PROTHONOTARY 2009 OCT 15 AM 11: 08 CUp, L- A e ;rUN;Y PRIINISYLVINIA SHERRY L. BYRNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. IN CUSTODY GREGORY A. BYRNE, Defendant NO. 09-5710 CIVIL TERM PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM Sherry L. Byrne, Plaintiff, through her counsel, the Family Law Clinic, hereby petitions this Court for an Order appointing a Guardian Ad Litem for her minor child, MichaelAnn Byrne, in the above-captioned matter and in support thereof avers the following: 1. The parties in this matter are the natural parents of the minor child, MichaelAnn Byrne, born December 12, 1996. 2. Mother filed a Petition for Special Relief on August 18, 2009. The Order of the Court dated August 27, 2009 placed the child in temporary primary custody of the Father and partial custody of the Mother. 3. The Custody Conciliation was held September 29, 2009. The Order of Court dated October 15, 2009 placed the child in temporary primary custody of the Father and partial custody of the Mother. 4. Prior to August 15, 2009, the child lived with both Mother and Father at the former marital residence located at 4 Evergreen Lane, Mechanicsburg, PA 17050. 5. The child is severely developmentally disabled, has significant special needs, and is unable to communicate her preferences for education or physical custody. 6. The parties cannot agree on the appropriate educational setting for the child. 7. The parties cannot agree on the appropriate physical custody arrangement for the child. 8. Both parents are concerned about the child's well-being, but their ability to cooperate in determining what is best for the child has substantially deteriorated. 9. The Plaintiff believes it would be in the best interest of the child for a Guardian Ad Litem to be appointed for the child. 10. The Plaintiff understands that the Guardian Ad Litem will report directly to the Court, and that the Guardian Ad Litem's findings may or may not favor the Plaintiff's case. 11. The undersigned did not seek concurrence of opposing counsel pursuant to C.C.R.P. 208.2(d) because at the Custody Conciliation on September 29, 2009, the parties agreed that the Court should appoint a Guardian Ad Litem for the child. 12. The Plaintiff is currently receiving free legal services through the Family Law Clinic and is unable to pay the costs of a Guardian Ad Litem. 13. The Plaintiff requests that the costs for the appointment of a Guardian Ad Litem be borne by Cumberland County. WHEREFORE, Plaintiff respectfully requests that a Guardian Ad Litem be appointed for the minor child, MichaelAnn Byrne, with the cost for that appointment to be borne by Cumberland County. 10 30 00 Date Aar Mollett Certified Legal Intern ,a ?iz Anne 1 rald-Fox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 j? VERIFICATION Understanding that making of any false statement would subject me to the penalties of 18 Pa.C.S. § 4904, I verify that I am the Plaintiff in the present action, and that the facts and statements contained in the above Petition are true and correct, to the best of my knowledge, information, and belief. a ainti Date Sherry F1LFD D F +'y"E OF THE: FF',,T H'C`k,D?ARY 2009 NO'S -2 PM 2, 24 CUN SHERRY L. BYRNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW IN CUSTODY GREGORY A. BYRNE, Defendant NO. 09 - 5710 CIVIL TERM CERTIFICATE OF SERVICE I, Sarah M. Mollett, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of Plaintiff's Petition for Appointment of Guardian Ad Litem on Defendant Gregory A. Byrne by depositing a copy of the same in the United States first class mail, postage prepaid addressed to his attorney Susan K. Candiello, Esq., Law Firm of Susan K. Candiello, P.C., 4010 Glenfinnan Place, Mechanicsburg, PA, 17055 on November 2, 2009. /Sarah M. Mollett Certified Legal Intern ZA. 11 Anne Id-Fox, Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 OF THE ('lc-1,0E ! Ji ,IOTARY 2009 NOY -2 Pti 3: 52 nl ,. x w•...i s r?. A. r,E-N f" I'S SHERRY BYRNE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 5710 CIVIL TERM GREGORY BYRNE, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, come the Defendant, GREGORY BYRNE, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Petition for Emergency Relief, upon a cause of action of which the following is a statement: The Defendant, (hereinafter sometimes referred to as "Father') is GREGORY BYRNE, who currently resides at, 290 Mount Union Road, Fayetteville, Franklin County, Pennsylvania, 17222. 2. The Plaintiff (hereinafter sometimes referred to as "Mother") is SHERRY BYRNE, who currently resides at 4 Evergreen Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The parties are the natural parents of MichaelAnn Elizabeth Byrne, (hereinafter sometimes referred to as "MA") born on December 12, 1996, who has been diagnosed with Rett Syndrome, Epilepsy and Mental Retardation. MA recently had an MRI done which suggests additional diagnoses due to iron deposits in her brain. This MRI is being analyzed further, before a definitive diagnosis is made, but indicates a degenerative brain disorder. (Please see a copy of the MRI report attached hereto and made a part hereof at Exhibit "A".) 4. Plaintiff filed an Emergency Petition for Custody, a hearing was held on August 26, 2009, following that hearing a court order was issued giving Father custody of MA. MA was ordered to attend school from Father's home in Franklin County. (Please see a copy of the Order attached hereto and made a part hereof at Exhibit `B".) 5. Prior to and at the emergency hearing held on August 26, 2009, Mother was provided with notice there was an individualized Educational Program (IEP) meeting for MA on Friday, August, 28, 2009, to develop MA's educational program at Franklin County Learning Center. 6. On or about August 27, 2009, Mother wrote and faxed a letter to Margaret Crider, Director of Special Education at Chambersburg School District, stating Mother's educational decision making rights for MA had not been terminated by the court's order and she did not agree MA should be placed in Franklin County Learning Center. 7. The IEP was cancelled as a result of Mother's letter. (A copy of this letter is attached hereto and made a part hereof at Exhibit "C") 8. MA was to begin school on August 31, 2009, but, now was prevented from attending any school, by Mother's actions. 9. Mother next filed for a Due Process Hearing on September 9, 2009, complaining the Chambersburg School District would not allow MA to attend public school and would not implement Cumberland Valley's IEP. (A copy of this Due Process Complaint is attached hereto and made a part hereof at Exhibit "D") 10. September 10, 2009, a meeting was held at the Chambersburg School District. The professionals at the Chambersburg School District and Father wanted MA to immediately begin at the Franklin Learning Center due to their concern for MA's safety and also what they believed to be the most appropriate learning and physical environment for MA. Mother actively disagreed and refused to allow MA to attend the Franklin Learning Center. 11. In an attempt to simply get MA into a school environment, all parties finally agreed to allow MA to begin at Chambersburg Middle School, implementing the IEP from Cumberland Valley School District. 12. All parties agreed the professionals involved with MA would evaluate MA with regard to whether MA would be better served by attending Chambersburg Middle School or the Franklin Learning Center. 13. Mother withdrew the Due Process hearing request filed on September 9, 2009 until after the next meeting. 14. During this time before the next meeting, Father once again visited and spoke with the professionals MA would interact with at the Chambersburg Middle School and at the Franklin Learning Center. 15. Mother has never physically been at the Franklin Learning Center. 16. An IEP meeting was held at Chambersburg School District on October 5, 2009. 17. At this meeting each of the professionals involved with MA shared their opinion as to the best placement for MA: (a) The school psychologist stated he did not believe the public school environment was conducive to enhancing MA's optimal ability to interact with her environment. (b) The Speech Therapist stated she believed her therapies could be provided at the Franklin Learning Center in an environment which would benefit MA more than the environment of a public school. (c) The Special Education Classroom teacher stated MA should be at the Franklin Learning Center because MA would be with other children similar to her, while at the Chambersburg Middle School all the children were at a higher functioning level. (d) The Assistant School Principal stated a placement in the Chambersburg Middle School was actually a more segregated placement for MA than the Franklin Learning Center, due to MA's extremely limited ability to interact with other students. 18. The professionals all agreed the best placement for MA was at Franklin Learning Center as opposed to the Chambersburg Middle School. 19. Father stated his rationale supporting and explaining why he believes it is in MA's best interests to be at Franklin Learning Center: a) The Franklin Learning Center provides the same access to MA's peers as the Chambersburg Middle School; b) Mother by advocating for the Chambersburg Middle School is attempting to segregate MA from children with similar disabilities; c) The Franklin Learning Center would provide MA with a placement for the remainder of her school years. If MA stays in Chambersburg Middle School, MA will have to change to a different High School and consistency is important for MA; d) MA's safety and therapy needs are more completely met at Franklin Learning Center; e) The depth and consistency of the services offered to MA at the Franklin Learning Center are far superior to those offered at the Chambersburg Middle School. 20. Mother stated she will not allow MA to attend any school other than a public school. 21. October 17, 2009, the Chambersburg School District developed and presented Father and Mother with a Notice of Recommended Educational Placement/Prior Written Notice (NOREP/PWN) and a new IEP. (Please see a copy of the NORE/PWN attached hereto and made a part hereof at Exhibit "E", also, please see a copy of the new IEP attached hereto and made a part hereof at Exhibit "F".) 22. Father has signed the new NORE/PWN and IEP, but Mother has refused to sign the NORE/PWN and IEP. 23. Mother has again filed a Due Process complaint alleging it is in MichaelAnn's best interests to be at the Middle School. (Please see a copy of Mother's second Due Process complaint attached hereto and made a part hereof at Exhibit "G".) 24. Although MA has been attending Chambersburg Middle School, MA had not been able to receive the depth and amount of physical therapies and other types of therapies which she could be receiving at the Franklin Learning Center. 25. Mother's actions, letters and first Due Process complaint initially prevented MA from starting school for more than two (2) weeks. 26. Mother's present actions and second Due Process complaint could prevent MA from receiving the therapies which she needs for months. WHEREFORE, the Plaintiff, GREGORY BYRNE, requests this Honorable Court ORDER and DIRECT the child in this action, MICHAELANN BYRNE shall be immediately enrolled in the Franklin County Learning Center under the new NOREP/PWN and IEP and Defendant, GREGORY BYRNE, shall have FULL LEGAL CUSTODY of the child, MICHAELANN BYRNE, for all educational decisions. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: November 4, 2009 Susan Kay Can sqi Counsel for De endant PA I.D. #649 8 4010 GI Place Mechanicsburg 17455 Telephone: 717-724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: -. Z GRE R A, I(ME 1 EXHIBIT ""A" PENNSTATE Milton S, Hershey Medical Center NAIDU. SAKKUBAI 707 N. BROADWAY BALTI,T%90RE, MD 21205 MRN: 01003915 Name: BYRNE, MICHAELANN E DOB: 12/12/1996 Sex: F SS#: 4089 Attending: NAIDU, SAKKUBAI Requesting: NAIDU, SAKKUBAI Copy to: Exam: (HMC) MBRWWOP - MR] BRAIN WITH AND WITHOUT CONTRAST - PED Date of Service: 09102/2009 Accession: 5620961 MRI OF THE BRAIN WITHOUT CONTRAST Clinical history: Seizure disorder, developmental delay Technique: Muitiplanar, multi sequence MR brain study tivas performed (SaQittal and axial T1, axial T2, axial flair, axial diffusion weichted and axial sradient echo images were performed without intravenous contrast administration. Comparison: None Findings: Bilateral symmetrical dark signal intensity is noted in the globus paliidus, substantia nigra and possibly cerebral peduncles bilaterals; . This chances are seen on T2, flair as well as on eradient echo sequence. This is compatible with increased deposition of iron in t}a re" ,ion, Bilateral symmetrical decrease in intensities are also noted in the thalami and midbrain bilaterally. There appears to be mild atrophv of middle cerebellar peduncle with prominence of the fourth ventricle. Cerebra; parenchvma shows normal signal intensity and _ray-white matter differentiation. There is no evidence of mass effect or midline shift. There is no restricted diffusion to suggest acutelsubacute infarction. There is no extra-axial collection. The ventricular system and sulci are within normal limits for the patient's age. The major vascular flow voids of the skull base are unremarkable. The fourth ? cntric;e is in the midiine. The posterior fossa structures includinc the cerebellum pons, medulla and cervicomedu I lary junction are unremarkable. The visualized paranasal sinuses and mastoid air cells are clear. Impression: Please note study -vas terminated as patient had a seizure while scanning Bilateral symmetrical signal dropout in the globus paliidus, substantia nigra is possibly due to iron accumulation. Differential diagnoses include Pantothenate kinase associated neuro-degeneration (P1KAN), Hallervorden Spatz syndrome. Kindly correlate clinically. End of diagnostic report for accession: 5620961 Dictated and Reviewed By. KAY EKAR. SANGAM 09,'02:'2009 12:54 PM Reviewed and Signed By: KANEKAR. SANGAM 09'02/2009 6:47 PM 09/11/-)009 1 1:37AiM 1- IMC_DiagnosticReportDemand.rpt Page I of i EXHIBIT "B" SHERRY BYRNE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY BYRNE, DEFENDANT 09-5710 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2009, the petition of Sherry Byrne for emergency relief, IS DENIED. MichaelAnn Byrne, born December 12, 1996, shall live with- her father and go to school out of his residence in Franklin County pending further order of court following a resolution of the merits of the custody case. By the- Court, Edgar B. Bayley, J. Rachel D. Alien, Certified Interin Anne Macdonald-Fox, Esquire For Plaintiff Susan Kay Candiello, Esquire For Defendant sa' qoU y. ?.a'a.• vS: ? -3a. +.ai`ei/cJ?C adz 2 -7 01 EXHIBIT "C" 7172613427 Education Wing EDUCATION WING 08:03:50a.m. 09-03-2009 1 /1 Aug ?7 09 03:21 p Sherry Byme 717-697-6220 p,2 SHERRY BYRNE 4 EVERGREEN LANE MECHANICSBURG, PA 17050 717-697-6220 August 27, 2009 Margaret Ctder Director of Special Educa&)n Chambenbutg School Dismict 435 Stanley Ave. Chamhersbtug, PA 17201 RE: k1ichael•1nn Byrne Dear A6L Crider I am writing to let you knew that KichaelAures dad Greg Byrne has been awarded etnrfiesary cut tody of our daughter _lfiehae Ann Byrne. He only has tempotaq custody and my educational decision malting rights have not been terminated. I understand these is an Il?P arh.eduhed &or temhorww at loam. I was only made aware of the tune this rooming and have never been. trade aware of the place. F have not received an invitation to attend and would like to have it rescheduled. I will wt be approviing nay change in 1l.IicbadAnn'a placement that puts her in a more restrictive environment According to IDE.r1 Federal Regulations Section 612 (a) (5) Lest testdctive environment - (A) In genera-To the tusadmum extent appmptiate, children with disabilities, including children in public or private institutions or other care >f> im are educated with cb&lr a who are not disabled, and special classes, separate schoobh& or other retaoval of children with disabilities from the regular educational anvizonment occurs only when the nature or secet# of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. 1fchaelAnn has a current lEP that has been approved for the upcoming school year. This IEP lint all neccasmy suppom & services she needs to be educated in the least restrictive environment. I loon forward to heating from you with a revised IEP date so I may attend. Thank you, Sherry Byrne Mother of MichaelAnn Bvrae, minor Cc: DisRL-41tty Riighrs Network Famili Taw canic EXHIBIT "D" Sherry Byrne 4 Evergreen Lane Mechanicsburg, PA 17050 717-697-6220 Kerry Voss Smith Director Office of Dispute Resolution 6340 Flank Drive Harrisburg, PA 17112-2764 Dr. Joseph 0. Padasak, Jr. Superintendent Chambersburg Area School District 435 Stanley Avenue Chambersburg, PA 17201-3405 Re: MichaelAnn Byrne Due Process Hearing Complaint September 9, 2009 Dear Ms. Smith and Dr. Padasak: Enclosed is a request for a Due Process Hearing on behalf of my daughter, MichaelAnn Byrne, who is a student eligible under the Individuals with Disabilities Education Act (IDEA) to receive special education services in the Chambersburg Area School District- This Due Process Hearing request under the IDEA is based on the fact that the school district has failed to allow MichaelAnn to attend school with the start of the 2009-2010 School Year and failed to implement her last agreed upon IEP and NOREP from the Cumberland Valley School District which was for the 2008-2009 School Year. Also, my requests to convene an IEP meeting to resolve these issues have been denied by the school district. Our legal representative for this proceeding is Attorney Phillip A. Drumheiser. His address is P.O. Box 890, Carlisle, PA 17013 and his phone number is 717-245- 2688. Sincerely yours, Sherry Byrne Encl: Due Process Hearing Complaint Cc: Peggy Crider, Director, Special Education Phillip A. Drumheiser, Esq. h Child's Name: CHAMBERSBURG AREA SCHOOL DISTRICT NOREP/PWN NOTICE OF RECOMMENDED EDUCATIONAL PLACEMENT/PRIOR WRITTEN NOTICE (NOREP/PWN) School Asae Child's Name: Date Sent (mm/dd/yy) MichaelAnn Byrne 10/15/09 Name and Address of Parent/Guardian/Surrogate: Mr. Byrne Mrs. Byrne 290 Mount Union Road 4 Evergreen Lane Fayetteville, PA 17222 Mechanicsburg, PA 17050 Dear Mr. Byrne For LEA Use Only: Date of Receipt of Signed NOREP/PWN This is to notify you of the Local Education Agency's (LEA's) action regarding your child's educational program. 1. Type of action taken: Proposes initial provision of special education and related services (For this action, the school may not proceed without your written consent in Section 8 of this document) Refusal to initiate an evaluation (Must issue Procedural Safeguards Notice) XD Proposes to change the identification, evaluation or educational placement of the child or the provision of a free appropriate public education (FAPE) Refusal to change the identification, evaluation or educational placement of the child or the provision of a free appropriate public education (FAPE) Change of placement for disciplinary reasons (Must issue Procedural Safeguards Notice) Due process hearing, or an expedited due process hearing, initiated by LEA Graduation from high school F7 Exiting special education Exiting high school due to exceeding the age eligibility for a free appropriate public education (FAPE) Extended School Year (ESY) services Response to request for an independent educational evaluation (IEE) at public expense F7 Other 2. A description of the action proposed or refused by the LEA: Multiple Disabilities Support/Full Time Speech Language Support/ Itinerant Vision Impaired Support/ Itinerant 3. An explanation of why the LEA proposed or refused to take the action: This combination of services will best meet MichaelAnn's current needs. 4. A description of other options that the IEP team considered and the reasons why those options were rejected. If the action proposed or refused is in regard to educational placement, options considered must Page 1 of 4 July 2008 Revisions CHAMBERSBURG AREA SCHOOL DISTRICT NOREP/PWN Child's Name: begin with the regular educational environment with supplementary aids and services (information about supplementary aids and services is available on the PaTTAN website at www.pattan.net): Options Considered Reason for Rejection Regular education with supplementary aids and services Not enough intervention Learning Support/Supplemental Not enough intervention/ support 5. A description of each evaluation procedure, assessment, record or report used as a basis for the proposed action or action refused: Team input, data collected by team members, observations 6. A description of other factors that were relevant to the LEA's proposal or refusal: 7. The educational placement recommended for your child is (State the amount and type of special education supports, e.g., Itinerant Learning Support, Supplemental Autistic Support, Full-Time Emotional Support): Multiple Disabilities Support/Full Time Speech Language Support/ Itinerant Vision Impaired Support/ Itinerant Dr. Joseph 0. Padasak School District Superintendent/ Designee Charter School CEO 10/05/09 Signature Date (mm/dd/yy) You have rights and protections under the law described in the Procedural Safeguards Notice. If you need more information or want a copy of this notice, please contact: Name and Title: Margaret E. Crider, Director of Spec. Educ. Phone: 717-709-4017 Email Address: cridemarCchambersburs.kl2.pa.us 8. PARENTAL CONSENT Directions for Parent/Guardian/Surrogate: Please check one of the options, sign this form, and return it within 10 calendar days. In circumstances when this form is NOT completed and parental consent is NOT required, the school will proceed as proposed after 10 calendar days. z I request an informal meeting with school personnel to discuss this recommendation. I approve this action/ recommendation. Id o not approve this action/ recommendation.* My reason for disapproval is: I request (Contact the Office for Dispute Resolution at 800-360-7282 for information on Mediation and Due Process Hearing): Mediation Due Process Hearing Page 2 of 4 July 2008 Revisions i Child's Name: CHAMBERSBURG AREA SCHOOL DISTRICT NOREP/PWN Except for placement in an interim alternative educational setting due to drugs, weapons, or serious bodily injury (§300.530(8), 5300.530(i), and 5300.531), if you do not approve the action/ recommendation, your child will remain in the current program /placement only if you request a due process hearing or mediation through the Office for Dispute Resolution. If you do not request Due Process or Mediation through the Office for Dispute Resolution, the LEA will implement the action/ recommendation. SIGN HERE: I " /f Parent/ ardi n/ rrogate S' ature Date (mm/dd/yy) Daytime Phone PLEASE I Name: Address: THIS ENTIRE FORM TO: Margaret E. Crider, Director of Spbcial Education CASD Administrative Offices 435 Stanley Avenue Chambersburg, PA 17201-3628 Attached are state and local resources you can consult to help you understand your rights and how the special education process works. For help in understanding this form, an annotated NOREP/Prior Written Notice is available on the PaTTAN website at www.pattan.net Type "Annotated Forms" in the Search feature on the website. If you do not have access to the Internet, you can request the annotated form by calling PaTTAN at 800-441-3215. Page 3of4 July 2008 Revisions CHAMBERSBURG AREA SCHOOL DISTRICT Child's Name: THE ARC OF PENNSYLVANIA 101 South Second Street Suite 8 Harrisburg, PA 17101 800-692-7258 www.thearcDa.org PARENT EDUCATION NETWORK (PEN) 2107 Industrial Highway York, PA 17402-2223 717-600-0100 (Voice/TTY) 800-522-5827 (Voice/TTY) 800-441-5028 (Spanish in PA) 717-600-8101 (Fax) www. parentednet. org RESOURCES DISABILITIES RIGHTS NETWORK 1414 North Cameron Street Suite C Harrisburg, PA 17103 800-692-7443 (Toll-Free Voice) 877-375-7139 (TDD) 717-236-8110 (Voice) 717-346-0293 (TDD) RESOURCES '-236-0192 www.drnpa.org PARENT EDUCATION AND ADVOCACY LEADERSHIP CENTER (PEAL) 1119 Penn Avenue Suite 400 Pittsburgh, PA 15222 412-281-4404 (Voice) 866-950-1040 (Voice) 412-281-4409 (TTY) 412-281-4408 (Fax) www.pealcenter.org HISPANICS UNITED FOR EXCEPTIONAL CHILDREN (RUNE, INC.) 202 West Cecil B. Moore Avenue Philadelphia, PA 19122 215-425-6203 (Voice) 215-425-6204 (Fax) www.huneinc.ore THE MENTOR PARENT PROGRAM, INC. P.O. Box 47 Pittsfield, PA 16340 814-563-3470 (Voice) 888-447-1431 (Voice in PA) 800-855-1155 (TTY) 814-563-3445 (Fax) www.mentori)arent.org PENNSYLVANIA BAR ASSOCIATION 100 South Street Harrisburg, PA 17101 800-932-0311 www.pabar.org BUREAU OF SPECIAL EDUCATION'S CONSULTLINE, A PARENT HELPLINE 800-879-2301 Consulti-ine personnel are available to parents and advocates of children with disabilities or children thought to be disabled to explain federal and state laws relating to special education; describe the options that are available to parents; inform the parents of procedural safeguards; identify other agencies and support services; and describe available remedies and how the parents can proceed. OFFICE FOR DISPUTE RESOLUTION 6340 Flank Drive Harrisburg, PA 17112-2764 717-541-4960(Phone) 800-222-3353 (Toll free in PA only) 800-654-4984 (TTY) 717-657-5983 (Fax) http://ODR.Pattan.net The Office for Dispute Resolution administers the mediation and due process systems statewide, and provides training and services regarding alternative dispute resolution methods. THE PENNSYLVANIA TRAINING AND TECHNICAL ASSISTANCE NETWORK (PaTTAN) Harrisburg 800-360-7282 King of Prussia 800-441-3215 Pittsburgh 800-446-5607 www.pattan.net Page 4 of 4 July 2008 Revisions EXHIBIT "G" °' , x, ? ? , c ?o w tv a O d ?D eo 9 0 3 01 O Sul N D V N N N N a 0 0 N f-P ra z as t? r R ?v o^, a a w r M 3 V H o V ... v \ ' LA a N o Y00 rD 3 R o ' Ill CL 0 uck uo 3 d Q J g! -0 n A o I 2 O N rr O i? i? z Ti. v a r N v 0 C Z ret n W c 2 8 4 7 K ?'1 = N as t/S r'D^ 1? ^ ? CND 'O n v !Y ?r C'• as H m c 3 ^ $? o ° o !1 CC^i r?D •`D• 06 0. CL SL 5!R 74 IV iv CA ua J (A EL 4A no % u. ^? 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N L+I ? 0?. x O ? rt 1RX CC N a ? N = ro a ? ? rNr C rt C N Q. v a Q ? rt =r a_ c c. CL 0 Im ro a 7 00 rn %v O ? t? S c? ao R N y, ro IT a I? K I= d M n 3 b d N c n N DDOODOODD a ? cy ? ? ? 4 n 7 g H K rt N z 0 c N C N to N 3. N rt_ 0 a? O ro O S ro O O_ a IV 0 R 91 21 a N N 0 1 O N 3 pN 3E ro a tA N rt 3 0 ear PQ? 7 a b ?Q a 0 a? -Ow A R 2. N a K K K ?Q N i v 0 Q1 Z C 0 I W S n. M LA N 9 i 1 X O1 N N+1 O 47 Al 'O s EXHIBIT 66F" Oct 18 0910:21 p Sherry Byme 717-697-6220 p.6 SIIL•RRY BYRNL 4 EVERGREI,.N LAW NIFICHANICSDURG. PA 17050 71'-69'-6220 sbeayby-w(??com ....................................... . ..................................................................... Kerry Voss Smith Director Office of Dispute Resolution 6340 Flank Drive Harrisburg, PA 17112-2764 Dr. Joseph O. Padasak, Jr. Superintendent Chambersburg Area School District 435 Stanley Avenue Chambersburg, PA 17201-3405 October 18, 2009 Re: MichaelAnn Byrne Due Process Hearing Complaint Dear Ms. Smith and Dr. Padasak: Enclosed is a request for a Due Process Hearing on behalf of ny daughter, MichaelAnn Byrne, who is a student eligible under the Individuals with Disabilities Education Act (IDEA) to receive special education services in the Chambersburg Area School District. My legal representative for this proceeding is Attorney Phillip A. Drumheiser. His address is P.O. Box 890, Carlisle, PA 17013 and his phone number is 717-245--2688. Sincerely yours, Sherry Byrn (fJ' Encl: Due Process Hearing Complaint NOREP - Disapproved Cc: Peggy Crider, Director, Special Education Phillip A. Drumheiser, Esq. Oct 18 0910:21 p Sherry Byme 717-697-6220 p.6 Michael Ann Byrne Due Process Searing Chambersburg Area School District Stata®ent of Complaint 1. Name of child - MichaelAnn Byrne Address - Sherry Byrne(Parent Filing; 4 Evergreen Lane Mechanicsburg, PA 17050 Name of School - Chambersburg Area Middle School Chambersburg Area School District II_ Is Mich-lAnn homeless? - No III. Description of the naturs of the problem, including facts relating to such problem. 1. MichaelAnn Byrne, date of birth (12-12-96), is a student with an IEP who attended the Cumberland Valley School District from kindergarten through fifth grade. 2. She has always attended an elementary school _n the Cumberland Valley School District. 3. MichaelAnn's most current Reevaluation Report from the Cumberland Valley School District is dated 2/20/2009. Her eligibility category is Multiple Disabilities with a Secondary elicibi=ity category of Speech and Language Impairment. 4. Her most recent IEP from Cumberland Valley School district is dated 03/09/2009 with middle school transition revisions added on 5/20/2009 states that she will receive Supplemental Special Education Life skills Supports from 20% to 60% of the school day. Her IEP states that she would be included with non- disabled peers for; Page 1of7 Oct 18 0910:22p Sherry Byme A. Homeroor. B. Lunch C. Recess D. Computer E. Art F. Music G. Library E. Choral Concerts I. Assemblies J. Classroom Parties K. Field Trips L. Other Activities as Appropriate 717-697-6220 p.7 5. On August. 15, 2009, MichaelAnn's father without her mother's prior knowledge removed MichaelAnn from the family home and relocated her to the Chambersburg Area School District. 6. This relocation disrupted MichaelAnn's access to her primary caregiver who is her mother and to her home and community support services personnel, her dog, her other supports and services in the community to include music therapy and denied her access to her special education program and services in the Cumberland Valley School District. 7. MichaelAnn's father upon enrolling her in the Chambersburg Area School District for sixth grace, immediately began to advocate for her to be placed in a more segregated education program administered by the Lincoln Intermediate Unit outside of the schcol district. 8. The Chambersburg Area School District was identified by the Pennsylvania Department of Education (PDE) for the 2007-2008 School Year as one (1) of the twenty-three (23) worst performing school districts out of five hundred (500) in the Commonwealth of Pennsylvania. Classified as a Gaskin Tier I school district, Chambersburg Area School District was placed on notice of its poor compliance performance in regard to educating student with special education needs in =heir Least Restrictive Environment (LIRE) based data submitted by the school district to the state and US Department of Education, Office of Special Education Programs (OSEP). Page 2 of 7 Oct 18 0910:22p Sherry Byme PDE most recently modified Circular (BEC) on 2/6/2009. following infornation: 717.697-6220 p.8 the LRE Basic Educaticn The LRE BEC contains the The Individuals with Disabilities Education Act, 2004 (also known as the Individuals with Disabilities Education Improvement Act), requires ...(1) That to the maximum extent appropriate, children with disabilities, inducting children in publk or pr/vate Institutions or other care facilities, are educated with children who are non-disabled; and (2) That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (20 USC 1412 Section 612 (a) (S), and its implementing regulation found at 34 C.F.R. §300.114(a)J. This requirement has been part of disability education law for over thirty years and is often referred to as the "Least Restrictive Environment (LRE) mandate. 9. Mr. Byrne and Mrs. Byrne both retain parental rights concerning MichaelAnn. Mr. Byrne has temporary physica:- custody. 10.The Chambersburg Area School District failed to allow MichaelAnn to begin school at the start of the 2009-2010 School Year. 11. The Chambersburg Area School District delayed in convening an YEP Meeting requested by MichaelAnn's mother to address the school district's failure to allow her daughter to attend school at the start of the 2009- 2010 School Year. 12.Chambersburg Area School District personnel informed MichaelRnn's mother prior to meeting with her that the school district was going to change M_chaelAnn's IEP and NGREP to a self-contained special education classroom out of the school district which is administered by the Lincoln Intermediate Unit at what ys known as the Franklin Center. The Chambersburg Area School District informed Fors. Byrne that the reason for the change to a more segregated education program and placement is due to the school district's concerns for MichaelAnn's safety. _3.Mrs. Byrne filed for Due Process against the Chambersburg Area School District on September 9, 2009. The primary issues were the Chambersburg Area School District's failure to allow MichaelAnn access to a--tend Page 3 of 7 Oct 18 0910:22p Sherry Byme 717-697-6220 p.9 public school and failure to implement the Cumberland Valley School District's =EP for the 2009-2010 School Year. =4.At a meeting held on September 10, 2009, the school district agreed to implement the Cumberland Valley School District's IEP in the Chambersburg Area School District's middle school. 15.Both parents approved a NOREP dated 9/10/2009 which stated that the Chambersburg Area School District would implement the Cumberland Valley School District's 1EP dated 03/09/2009 with middle school transition revisions added on 5/20/2009 with the exception that music therapy would not be provided. 16.Mrs. Byrne directed her legal counsel to notify the Office for Dispute Resolution that she was withdrawing her Due Process Complaint without prejudice. ODR was notified via emaij- on September 17, 2009. 17. The Charrbersb-.arg Area School District convened an IEP Meeting on October 5, 2009. 18.At the October 5th IEP Meeting, several school district personnel cited the following reasons for why MichaelAnn's education placement should be changed from the middle school to the Lincoln Intermediate Unit's segregated education program at the Franklin Learning Center. A. School psychologist stated that she was screaming one day repeatedly during the school day. It was determined that this was a result of MichaelAnn's discomfort due to being constipated. B. School psychologist stated that he believed that noise in cafeteria appeared to upset her. C. School psychologist also reported his observations of MichaelAnn in music class. It is not clear if he believes her behaviors such as looking at another student, humming, making raspberry sounds, kicking legs, rocking in sea-, rubbing hands on a cross-bar, and placing fingers in ear, nose and mouth are reasons to segregate MichaelAnn by changing her placement to the Franklin Learning Center. Page 4 of 7 Oct 18 0910:23p Sherry Byme 717-697.6220 p.10 D. Speech Teacher was reported to have stated that her 90 minutes of direct services would be better at the Franklin Learning Center. No explanation was given as to why direct speech services would be better in the Franklin Learning Center than the middle school. E. Special Education MichaelAnn should s=udents in her skills. She also with more students Center. classroom teacher stated that be moved because the two other classroom had higher academic stated that MichaelAnn could be like her at the Franklin Learning F. Assistant School Principal claimed that a placement in the middle school is more segregated than a placement outside of the school district at the Lincoln Intermediate Unit's segregated Franklin Learning Center. G. Mr. Byrne provided the IEP Team with a letter explaining why he believed his daughter shoul6 be segregated at the Franklin Learning Center. He believes that: (1) The Franklin Learning Center provides the same access to peers without disabilities as the middle school. (2) That Mrs. Byrne is by advocating for the middle school education placement is attempting to segregate her daughter from children with disabilities. (3) That he wants to keep MichaelAnn in one p-acement for the remainder of her public schooling and if she remained at the middle school she would have to change to the high school just like all of her other age appropriate peers. (4) That MichaelAnn can have her safety needs met and benefit socially for the next nine years from her interactions with students up to age 21 who are seriously emotionally disturbed, autistic, and students who have been found guilty of juvenile crimes and/or Page 5 of 7 Oct 18 0910:26p Sherry Byme 717.697-6220 p.18 expelled from their home school districts and placed in the Center's A1-ernative Education Program for Disrup-?ive You-hs. 19.At the same October 5th meeting several IEP members stated their opinion that MichaelAnn's needs could be met in her current education program at the Middle School. These individua's include her mother, the Special Education Supervisor for MichaelAnn's program, and the Physical Therapist. Others were not asked a: the nneeting or like the Occupational Therapist had no opinion. 20. The parent received an IEP and NOREP from the Chambersburg Area School district on Saturday, October 17, 2009. The school district's IEP changes MichaelAnn's education placement to the Franklin Learning Center, although that change in placement is not apparent in the NOREP. There are additional changes which the school district has made to the Cumberland Valley School District's IEP which MichaelAnn's mother does not agree with. 21.Mrs-. Byrne disapproved the NOREP and it is attached wi-h this Due Process Complaint and cover letter. IV. Proposed resolution of the problem to the extent knolm and available to the party filing. Appropriate resolution of these Due Process Hearing issues would be for the school district to agree to: 1. Provide compensatory education ror MichaelAnn from the start of the 2009-2010 School Year until the date when the school district allowed MichaelAnn to attend middle school. 2. Continue to implement the Cumberland Malley School District's IEP at the Chambersburg Area School District's middle school until resolution of these issues unless there is an IEP change agreed to by bo-h parents and the school district. 3. Provide compensatory education for MichaelAnn if ttFe school district changes her education placement, as the school district has threatened to do even if her mother disapproves the NOREP, from the date of any change in Page 6 of 7 Oct 18 0910:24p Sherry Byme 717$97-6220 p.12 placement until Michael-Ann's return to the Chambersburg Area School District's middle school. 4. Pay Mrs. Byrne and MichaelAnn their a-torriey fees. Date: October 18, 2009 Saerry By Page 7 of 7 OF THE f'rOTE '')'VOTARY 2009 NOV -5 AM 9: 52 CUMEc: PENNS"UANIA ,trio .oo..Po ATr1/ at*#' 1373 &T* a33o" NOV 0 3 2009,6 SHERRY L. BYRNE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. IN CUSTODY GREGORY A. BYRNE, Defendant NO. 09-5710 CIVIL TERM ORDER APPOINTING GUARDIAN AD LITEM AND NOW, this day of , 2009, upon consideration of the Petition for Appointment of Guardian Ad Litem, , is hereby appointed Guardian Ad Litem for MichaelAnn Byrne. The Guardian Ad Litem is appointed to represent the children's best interest and shall have access to all school, mental health, medical, Children and Youth Services records, as well as, the records from Cumberland/Perry Mental Health/Mental Retardation in order to reach a determination of the child's best interests. The costs for the appointment of a Guardian Ad Litem are to be bourne by Cumberland County. By the Court: J. CC: F ily Law Clinic, for Mother C i£srn5ccl. usan Kay Candiello, for Father l/,PS1f6 `--e_111 UaVMA&tf , 7ulat 1. *1 ? ?_a v+ PAZ,191 Oka 1- 12111 XiJ "7% Ao" CM 4?A 04-- *OLI A--r 484 ??Sl tom. Dv tawg- tat 7z c,#w C4 - CO*44 -FiI%' 2009 NOS! -5 AM 9: 4 5 SHERRY L. BYRNE, PLAINTIFF V. GREGORY A. BYRNE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CUSTODY 09-5710 CIVIL TERM ORDER OF COURT AND NOW, this 6-?? day of November, 2009, this petition for emergency relief, IS DENIED.' Anne Macdonald-Fox, Esquire - (26-p rrtaLt9CC For Plaintiff 1y Susan Candiello, Esquire For Defendant :sal ' The merits of the custody case involving MichaelAnn Byrne will be decided following the hearing scheduled for November 12, 2009. Since the parents disagree on where the child shall attend school, that parent who is awarded primary physical custody shall be awarded sole legal custody so as to be able to place the child in the school of choice without interference by the other parent. Edgar B. Bayley, J. FILED-0,. a` iGE OF THE I' R;0NOTARY 2009 NOV -b A l l : 2 f ice' ~ i !, 1 SHERRY L. BYRNE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY GREGORY A. BYRNE, Defendant NO. 09-5710 CIVIL TERM CERTIFICATE OF SERVICE I, Sarah M. Mollett, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of Plaintiff's Pre-hearing memorandum on Defendant Gregory Byrne's attorney, Susan Candiello, Esq., by depositing a copy of the same in the United States first class mail, postage prepaid addressed to Susan K. Candiello, Esq., 4010 Glenfinnan Place, Mechanicsburg, PA 17055. Sarah Mollett Certified Legal Intern Anne c onald-Fox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ?li= T?- ~ Ttlrt E 2009 NOV -6 P ?: 19 Sherry L. Byrne, Plaintiff V. Gregory A. Byrne, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 09-5710 CIVIL TERM AFFIDAVIT OF SERVICE I, Rachel Allen, hereby certify that I personally served a true and correct copy of the Subpoena to Attend and Testify, on Holly Hoffman, by delivering a copy to her medical office, at Carlisle Pediatric Associates at: 804 Belvedere St. Carlisle, PA 17013, at about 8:20 a.m. on November 10, 2009. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: lG ocl Rachel Allen ALEU-. rwICE OF THE PROTHONOTARY 2009 NOV 10 P11 2: 26 CUM I I !, I 4 Sherry L. Byrne, Plaintiff v. Gregory A. Byrne, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 09-5710 CIVIL TERM AFFIDAVIT OF SERVICE I, Rachel Allen, hereby certify that I personally served a true and correct copy of the Subpoena to Attend and Testify, on Alan Babcock by delivering a copy to his usual place of employment, Penn State Harrisburg at: 109 Swatara Building, 777 West Harrisburg Pike, Middletown, PA 17057, at about 9:30 am. on November 10, 2009. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ;1?/ 'e'- Date: N10/01 Rachel Allen OF THE P i 1T4 1 ,? l?tii2 S 2909 NOY 10 Pal 2: 2 Sherry L. Byrne, Plaintiff V. Gregory A. Byrne, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 09-5710 CIVIL TERM AFFIDAVIT OF SERVICE I, Rachel Allen, hereby certify that I personally served a true and correct copy of the Subpoena to Attend and Testify, on Lauren Ford by delivering a copy to her place of employment, Monroe Elementary School 1240 Boiling Springs Road, Boiling Springs, PA 17007 at about 8:45 a.m. on November 10, 2009. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: h / i ' G Rachel Allen FILED--O'FF ^= THE ? '; TAPY 20G4 N0 10 P11 2. 2 6 CUM" tai FEB ~ e ~~ i~ ~ Sherry Byrne, : IN THE COURT OF COMMON PLEAS OF n ~, Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA{.."-.-- ' ~; . ~`:;> • .° :CIVIL ACTION -LAW ~ ;~ r - ~'~''' v. may..' ~ : IN CUSTODY -~~ ~" N ^ r~ Gregory Byrne, ~ - -' ~ . k :, Defendant. : NO. 09-5710 CIVIL TERM `~ ~ `~. ...~ r ~ :a cr, --c CUSTODY ORDER AND NOW, this a z'" day of February, 2010, as per the attached and signed C ustody Agreement, the following terms are approved and entered as an Order of Court: 1. Gregory Byrne ("Father") and Sherry Byrne ("Mother") shall share legal custody of MichaelAnn Byrne ("Child"). 2. Child shall reside with Mother during the school week and shall attend school in the Cumberland Valley School District. During the school week Father may request one (1) to two (2) visitations with Child per week with twenty-four (24) hours notice to Mother. Father shall have custody of Child every weekend. 3. If parties are unable to reach a agreement regarding custody during the holidays, the following holiday schedule shall apply: a. Christmas Holiday: i. In odd-numbered years: Mother shall have custody of Child from 12 p.m. on December 24 until 12 p.m. on December 25. Father shall have custody of Child from 12 p.m. on December 25 until 12 p.m. on December 26. ii. In even-numbered years: Father shall have custody of Child from 12 p.m. on December 24 until 12 p.m. on December 25. Mother shall have custody of Child from 12 p.m. on December 25 until 12 p.m. on December 26. b. Thanksgiving Day: i. In odd-numbered years: Father shall have custody of Child from 5 p.m. on the day before Thanksgiving until 10 a.m. the day after Thanksgiving. Mother shall have custody of Child from 10 a.m. on the day after Thanksgiving through the weekend. ii. In even-numbered years: Mother shall have custody of Child from 5 p.m. on the day before Thanksgiving until 10 a.m. the day after Thanksgiving. Father shall have custody of Child from 10 a.m. on the day after Thanksgiving through the weekend. c. Mother's Day and Father's Day: i. Mother shall always have custody of Child on Mother's Day beginning at 10 a.m. Mother's Day. ii. Father shall always have custody of Child on Father's Day. d. Easter Sunday, Memorial Day, Independence Day, Labor Day, and Halloween: i. In odd-numbered years: Mother will have custody of Child Easter Sunday, Labor Day, and Halloween. Father will have custody of Child Memorial Day and Independence Day. ii. In even-numbered years: Father will have custody of Child Easter Sunday, Labor Day, and Halloween. Mother will have custody of Child Memorial Day and Independence Day. iii. Custody exchanges for these holidays will occur by mutual agreement of Mother and Father. e. Child's Birthday: i. Child's Birthday will be divided by mutual agreement between Mother and Father. 4. Vacation: a. When Child is not in school, each parent shall have the option to choose two uninterrupted weeks to have Child for vacation. Each parent shall notify the other parent in writing at least one month prior to the intended vacation. 5. Mother and Father shall notify one another of all medical care Child receives while in the parent's care. Mother and Father shall notify the other parent of any medical emergencies that arise while Child is in that parent's care. 6. Neither parent will do anything which may estrange Child from the other parent, or injure the opinion of Child as to the other parent, or which may hamper the free and natural development of Child's love and respect for the other parent. 7. Upon knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the new parent of his/her new address and telephone number(s). 8. Neither Mother nor Father shall take Child out of the jurisdiction of Pennsylvania overnight without seven (7) days prior written notice to the other parent. 9. The parties intend for this Agreement to replace all previous custody agreements and custody orders entered concerning Child. 10. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. 11. Upon entry of an Order of Court adopting this Agreement, Mother agrees to withdraw her appeal, Byrne v. Byrne, docketed at 18 M.D.A. 2010. By the Court: A~ J. CC: ~ ily Law Clinic, for Mother ./ Susan K. Candiello, for Father eo~ ~ ~ ,~. a.~a~,~ c v ~~ Sherry Byrne, Plaintiff :1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY ~'- ~^__~~, . d~ Gregory Byrne, -_= ~ _ Defendant. : NO. 09-5710 CIVIL TERN~-~ N -p t.r, IV '.)~ -~ :- ' CUSTODY AGREEMENT ` - ~' -- ~~ :: _ .. =~ THIS AGREEMENT, made this 19th day of February, 2005, between Sherry ~~ ``~ Byrne, hereinafter Mother, and Gregory Byrne, hereinafter Father, concerns the custody of their child: MichaelAnn Byrne, born December 12, 1996. Mother and father desire to enter into an agreement as to the custody of the child. Mother and father agree to the following. 1. Gregory Byrne ("Father") and Sherry Byrne ("Mother") shall share legal custody of MichaelAnn Byrne ("Child"). 2. Child shall reside with Mother during the school week and shall attend school in the Cumberland Valley School District. During the school week Father may request one (1) to two (2) visitations with Child per week with twenty-four (24) hours notice to Mother. Father shall have custody of Child every weekend. 3. If parties are unable to reach a agreement regarding custody during the holidays, the following holiday schedule shall apply: a. Christmas Holiday: i. In odd-numbered years: Mother shall have custody of Child from 12 p.m. on December 24 until 12 p.m. on December 25. Father shall have custody of Child from 12 p.m. on December 25 until 12 p.m. on December 26. ii. In even-numbered years: Father shall have custody of Child from 12 p.m. on December 24 until 12 p.m. on December 25. Mother shall have custody of Child from 12 p.m. on December 25 until 12 p.m. on December 26. b. Thanksgiving Day: i. In odd-numbered years: Father shall have custody of Child from 5 p.m. on the day before Thanksgiving until 10 a.m. the day after Thanksgiving. Mother shall have custody of Child from 10 a.m. on the day after Thanksgiving through the weekend. ii. In even-numbered years: Mother shall have custody of Child from 5 p.m. on the day before Thanksgiving until 10 a.m. the day after Thanksgiving. Father shall have custody of Child from 10 a.m. on the day after Thanksgiving through the weekend. c. Mother's Day and Father's Day: i. Mother shall always have custody of Child on Mother's Day beginning at 10 a.m. Mother's Day. ii. Father shall always have custody of Child on Father's Day. d. Easter Sunday, Memorial Day, Independence Day, Labor Day, and Halloween: i. In odd-numbered years: Mother will have custody of Child Easter Sunday, Labor Day, and Halloween. Father will have custody of Child Memorial Day and Independence Day. ii. In even-numbered years: Father will have custody of Child Easter Sunday, Labor Day, and Halloween. Mother will have custody of Child Memorial Day and Independence Day. iii. Custody exchanges for these holidays will occur by mutual agreement of Mother and Father. Child's Birthday: i. Child's Birthday will be divided by mutual agreement between Mother and Father. 4. Vacation: a. When Child is not in school, each parent shall have the option to choose two uninterrupted weeks to have Child for vacation. Each parent shall notify the other parent in writing at least one month prior to the intended vacation. 5. Mother and Father shall notify one another of all medical care Child receives while in the parent's care. Mother and Father shall notify the other parent of any medical emergencies that arise while Child is in that parent's care. 6. Neither parent will do anything which may estrange Child from the other parent, or injure the opinion of Child as to the other parent, or which may hamper the free and natural development of Child's love and respect for the other parent. 7. Upon knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the new parent of his/her new address and telephone number(s). 8. Neither Mother nor Father shall take Child out of the jurisdiction of Pennsylvania overnight without seven (7) days prior written notice to the other parent. 9. The parties intend for this Agreement to replace all previous custody agreements and custody orders entered concerning Child. 10. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. 11. Upon entry of an Order of Court adopting this Agreement, Mother agrees to withdraw her appeal, Byrne v. Byrne, docketed at 18 M.D.A. 2010. __.._ ~ i~~ Sherry Byrn , Pl tiff ~y~ ~ Sarah M. Mollett Certified Legal Intern Counsel for Plaintiff Susan K. Candiello, Esq. Counsel for Defendant Law Firm of Susan K. Candiello, P.C. 4010 Glenfinnan Place Mechanicsburg, PA 17055 (717) 724-2278 Fax (717) 724-2279 THOMA,~ M. PLACE ' ANNE ACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639