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Home My WebLink About10-1467LISA SCALIA, Plaintiff, V. BRIAN EYER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. le - A10 7 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Lisa Scalia, Plaintiff, to proceed in forma pauperis. 0 N 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. Respectfully submitted, Date /10 am D. Truong Certified Legal Intern A I& 44pz4i??' ROB T E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 I0- P1117 el lIV % NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. N 'rl ? b ?. N ? Z LJ1 LISA SCALIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY BRIAN EYER, Defendant. :NO. 10- r Y6 7 CIVIL TERM COMPLAINT FOR CUSTODY The Plaintiff, LISA SCALIA, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The Plaintiff is LISA SCALIA, residing at 31 W. King St. Apt. #3, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is BRIAN EYER, residing at 58 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks primary custody of: Name Gianni Eyer Age 4 years, 11 Months The child was not born out of wedlock. The child is presently in the custody of Lisa Scalia, who resides at 31 W. King St. Apt. #3, Shippensburg, Cumberland County, Pennsylvania 17257. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Lisa Scalia 31 W. King St., Apt. 3 April 2005 to Dominique Scalia Shippensburg, PA 17257 Present Madeline Myers Brian Eyer 31 W. King St., Apt. 3 April 2005 to Shippensburg, PA 17257 January 2006 The mother of the child is Lisa Scalia. She is married. The father of the child is Brian Eyer. He is married. 4. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Name Gianni Eyer Dominique Scalia Madeline Myers Relationship Plaintiff's son Plaintiff s daughter Plaintiff s daughter 5. The relationship of Defendant to the child is that of father. The Defendant currently resides with the following persons: Name Relationship Janice Frye Defendant's mother Archie Frye Defendant's step-father 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical custody of the child because: a. Plaintiff has been the child's primary caretaker since the parties' separation; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has permitted contact between Defendant and the child and will continue to do so; d. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights to the child 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: am D. Truong Certified Legal Intern THOMAS M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys 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. ?U-A- - Lisa calia, P aintiff LISA SCALIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW tv IN CUSTODY m - BRIAN EYER, ; r Defendant. : NO. 09 - CUSTODY AGREEMENT w v THIS AGREEMENT , made this day of ,??bV , 2009, between LISA SCALIA, hereinafter Mother , and BRIAN EYER, hereinafter Father, concerns the custody of their child: GIANNI EVER, born April 27, 2005. Mother and father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child. 4. Father shall have the child the 2nd, 3rd, and 4U' weekends of every month, from 6:00 PM Thursday to 6:00 PM Sunday. 5. Father shall have the child for 2 uninterrupted weeks out of the summer, to be determined and agreed upon by both Mother and Father a month in advance of the intended vacation period. 6. Mother and Father shall agree upon which holidays the child will spend with each parent, except for Christmas Eves (December 24 h) which the child will always spend with the Mother. 7. Father will call in advance before the child is permitted to go to Father's residence. 8. Mother and Father will agree upon drop off and pick up times and locations. 9. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 11. Father acknowledges that the Family Law Clinic represented only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 12. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. c Li Scalia, laintiff Bean ye f t am D. Truong VV 11 Certified Legal Intern Counsel for Plaintiff ROBE T E. RAINS THOMAS M. PLACE ANNE MACDONALD-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 MAR 0 5 ~U1n LISA SCALIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW n ''~ c TODY ~~ ~~ :.~. BRIAN EYER, r:~ r, ; ~~ (~/ I/i / ~_~ ~ Defendant. : NO. 10 - 1 NU ~ r- -~;: ~ co F`r (_ V? ~s ORDER OF COURT ~ ~.. .. .z- u1 AND NOW, this ..5~ day of ~~-~ ~ , 20~, as per the attached and signed Custody Agreement, the following terms are approved and entered as an Order of Court: 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child. 4. Father shall have the child the 2na~ 3ra~ and 4`t' weekends of every month, from 6:00 PM Thursday to 6:00 PM Sunday. 5. Father shall have the child for 2 uninterrupted weeks out of the summer, to be determined and agreed upon by both Mother and Father a month in advance of the intended vacation period. 6. Mother and Father shall agree upon which holidays the child will spend with each parent, except for Christmas Eves (December 24~') which the child will always spend with the Mother. 7. Father will call in advance before the child is permitted to go to Father's residence. :_, ~~, r~ ~:~ ~v ~~, ~^, ~Y~ F~ {"1 ~~ _~ S 8. Mother and Father will agree upon drop off and pick up times and locations. 9. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. By the Court: J. CC: ~ian Eyer, Pro Se ~amily Law Clinic, for the Plaintiff LISA SCALIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION -LAWN, _ IN CUSTODY n ~~ BRIAN EYER ~ Defendant. : NO. 09 - ~ ~ (~ ~ C a ~.~ ~ ~° ~~ ~ ~_ ~ 3 CUSTODY AGREEMENT .,,, ,'~ ca v -c THIS AGREEMENT, made this day of ~,~~.bV , 2009, between LISA SCALIA, hereinafter Mother, and BRIAN EYER ,hereinafter Father, concerns the custody of their child: GIANNI EYER, born Apri127, 2005. Mother and father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child. 4. Father shall have the child the 2»a, 3`a, and 4`" weekends of every month, from 6:00 PM Thursday to 6:00 PM Sunday. 5. Father shall have the child for 2 uninterrupted weeks out of the summer, to be determined and agreed upon by both Mother and Father a month in advance of the intended vacation period. 6. Mother and Father shall agree upon which holidays the child will spend with each parent, except for Christmas Eves (December 24~') which the child will always spend with the Mother. 7. Father will call in advance before the child is permitted to go to Father's residence. 8. Mother and Father will agree upon drop off and pick up times and locations. 9. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 11. Father acknowledges that the Family Law Clinic represented only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 12. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. c • Li Scalia, laintiff Brian ye f t v Lam D. Truong Certified Legal Intern Counsel for Plaintiff ROBE T E. RAINS THOMAS M. PLACE ANNE MACDONALD-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 LISA SCALIA, Plaintiff, v. BRIAN EYER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 1467 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO REINSTATE COMPLAINT `.'~'_/ c-n =: ~-- -~-: ~ ~ -.c: u a ; ;:. ~~^ : _. -, -__ - ~ =~ ~:. To The Prothonotary: Please reinstate the Custody Complaint at the above-captioned docket. Date: S ~~ am D. Truong Certified Legal Intern ~~~ Meg Riesmeyer Supervising Attorney Lisa Scalia, Plaintiff v. Brian Eyer, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1467 CIVIL ACTION-LAW IN CUSTODY PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Please reinstate the Custody Complaint at the above-captioned docket. ~~ i-,1i~ Date Ashley Fer n Certified Legal Intern ~~ Megan 'esmeyer Supervising Attorney ~ c-~: ~ ~ ~.~ ~ ~:.. -~ ':-,. ~_, -.~ ~. ' ~~ r ~_ 'i J( M o C". ~1 l17 `:i ."G ~~ -.S ~ Lisa Scalia, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW IN CUSTODY Brian Eyer, Defendant NO. 10-1467 CIVIL TERM n N .. C ~ ._~ ;~. ~, -n AFFIDAVIT OF SERVICE ~-~ ~-.. --~ ~~. r_. N ti .:? I, ~ P_Qd? (~~ ~ ~~~.~r'(~'hereby certify that I personally served a t~i~:and ; f ;~ ._. ~,. F. _ ; correct copy of the March 5, 2010 Custody Order, the June 17, 2010 Reinstated Custo~dom~dain~~ `~" ~ ~ ~;' and a copy of the signed December 2Z, 2009 Custody Agreement, on Brian Eyer, at: ~~ 2n ~~Q -~ K , at approximatelyC ~m. on /~~r~~~~ aDfC~ 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. Date: ~G