HomeMy WebLinkAbout01-2419JUDY FRY and THOMAS FRY, · IN THE COURT OF COMMON PLEAS
Plaintiffs · CUMBERLAND COUNTY, PENNSYLVANIA
v. · NO.
BETSY COHICK and '
CHESTER COHICK, · CIVIL ACTION - LAW
Defendants · CUSTODY
COMPI~A~ FOR CUSTODY
1. The Plaintiffs are Judy Fry and Thomas Fry, who currently reside at 528 West
Cumberland Road, Enola, Cumberland County, Pennsylvania 17025.
2. The Defendants are Betsy Cohick and Chester Cohick, who currently reside at
115 Main Street, Palmyra, Lebanon County, Pennsylvania 17078.
3. Plaintiffs seek custody of the minor child, Alex Cohick, bom March 2, 1990, who
is currently in the custody of Melmark Residential Facility, 2600 Wayland Road, Berwyn,
Pennsylvania 19312.
4. The child was bom during wedlock.
5. During the child's lifetime the child has resided with the following persons and at
the following addresses'
Chester & Betsy Cohick, 115 Main Street Nov. 25, 2000 to present
parents, and Amanda Cohick, Palmyra, PA 17078
sister (Child is currently residing in
a residential facility, known as
Melmark, Berwyn, PA
Chester & Betsy Cohick, 530 West Cumberland April 1996 to Nov. 2000
parents, and Amanda Cohick, Enola, PA17025
sister
6. The relationship of Plaintiffs to the child is that of paternal grandmother and her
husband.
7. The relationship of Defendants to the child is that of natural mother and father.
8. Plaintiffs have 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.
9. Plaintiffs have no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
10. Plaintiffs do not know of a person not a party to the proceedings that have
physical custody of the child or c/aims to have custody or visitation rights with respect to the
child.
11. The Plaintiffs seeks primary physical and legal custody for the following reasons:
a. The child is autistic and in need of special attention, education, and
nutrition, which the plaintiffs are willing and able to provide the necessary treatment;
b. The chi/d currently lives in a residential facility isolated from his extended
family except for alternating weekends;
c. The natural parents have vacillated in the past as to signing over custody to
the plaintiffs;
d. Plaintiffs feel it is in the chi/d's best interest to be in a more stable
·
environment with committed parental role models.
12. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, the Plaintiffs, Sudy and Thomas Fry, respectfully requests this
Honorable Court to award the Plaintiffs primary physical and legal custody of the child and
award partial custody to the natural parents as deemed appropriate by the Court taking into
consideration the child's autism.
Respectfully submitted,
Austin F. Grog---~, Es/~ire
Attorney for Haintiffa
24 North 32n~ Street
Camp Hill, PA 17011
(717) 737-1956
ID # 59020
APR 2 6
VERIFICATION
We, Judy Fry and Thomas Fry, verify that the statements made in the foregoing Custody
Complaint are tree and correct to the best of our knowledge, information, and belief. We
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unswom falsification to authorities.
' ~~'~,a ' ' ~,~,
JUDY FRY
THOMAS FRY
· 1N THE coURT OF coMMON PLEAS OF
FODY FRY AND THOMAS FRY '
: cuMBERLAND coUNTY PENNSYLVANIA
PLAINTIFF
V. CIVIL ACTION LAW
BETSY COI-IICK AND cHESTER COI-IICK : 01-2419
DEFENDANT :
: IN cuSTODY
_, upon consideration of the attached Complaint,
AND NOW, Ir~ ~, the conciliator,
and their respective counsel appear before ~~---- at ~.m.
OI1
it is hereby directed that parties Monfl~
e Avenue, Suite 105, Camp Hill, PA 17011
e,,o
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR Tile coURT,
By: ~/s/~ 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 heating. TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
YOU sHoULD TAKE THIS pAPER
HAVE All ATTORNEY OR cANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND oUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013 Telephone (717) 249-3166
JUDY FRY and : IN THE COURT OF COMMON PLEAS OF
THOMAS FRY, :
Plaintiffs · CUMBERLAND COUNTY, PENNSYLVANIA
vs. : 01-2419 CIVIL ACTION LAW
BETSY COHICK and : IN CUSTODY
CHESTER COHICK, :
Defendants :
PRELIMINARY OBJECTIONS
AND NOW, come the Defendants, Betsy Cohick and Chester Cohick, by their
attorneys, Buzgon Davis Law Offices, and file these Preliminary Objections, pursuant to
Pa.R.C.P. 1028(a)(1) and (4), to the Complaint for Custody:
1. Plaintiffs, Judy Fry and Thomas Fry, to this action are the child's patemal
grandmother and step-grandfather and are requesting legal and physical custody of the child,
Alex Sean Cochick, age 11 years.
2. Plaintiffs reside at 528 West Cumberland Road, Enola, Cumberland County,
Pennsylvania 17025.
3. Defendants reside at 115 Main Street, Palmyra, Lebanon County,
Pennsylvania 17078.
4. The minor child's residence is the same as Defendants.
5. The minor child is enrolled in the Palmyra Area School District, however, he
lives at the Melmark Residential Facility, 2600 Wayland Road, Berwyn, Pennsylvania 19312. A
tree and correct copy of the 'Lancaster-Lebanon Intermediate Unit's April 26, 2001 report on
Alex is attached hereto and designated Exhibit "A".
6. Plaintiffs lack standing to pursue legal and primary physical custody of the
child, pursuant to 23 Pa. C.S. {}5311 et seq.
7. This Honorable Court lacks jurisdiction over the Defendants and minor child
to hear the foregoing Custody Complaint, due to Plaintiffs' lack of standing.
8. In the alternative, if this Honorable Court finds that the Plaintiffs have
standing and jurisdiction to hear this matter, venue in Cumberland County is improper and this
case should be transferred to Lebanon County, where the Defendants and minor child reside.
WHEREFORE, Defendants respectfully request your Honorable Court to dismiss
the Complaint for Custody filed on April 25, 2001. In the alternative, if your Honorable Court
finds that Plaintiffs have standing to bring this Custody Action, Defendants respectfully request
that venue be transferred to Lebanon County.
BUZGON DAVIS LAW OFFICES
! ·
LEYi LLE. JI'TE, Esquire
Attorney I . #85766
525 South Eighth Street
Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421
Attorneys for Defendants
-2-
JUDY FRY and : IN THE COURT OF COMMON PLEAS OF
THOMAS FRY, :
Plaintiffs · CUMBERLAND COUNTY, PENNSYLVANIA
vs. : 01-2419 CIVIL ACTION LAW
:
BETSY COHICK and : IN CUSTODY
CHESTER COHICK, :
Defendants :
BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS
I. STATEMENT OF THE CASE
Plaintiffs, Judy Fry and Thomas Fry, are the paternal grandmother and step-
grandfather of Alex Cohick. The Plaintiffs reside at 528 West Cumberland Road, Enola,
Cumberland County, Pennsylvania. Defendants are Betsy Cohick and Chester Cohick, who
resides at 115 Main Street, Palmyra, Lebanon County, Pennsylvania. The minor child, Alex, has
a primary residence at the Defendants' address and is enrolled in the Palmyra Area School
District. (See Exhibit A). However, Alex lives at the Melmark Residential Facility, 2600
Wayland Road, Berwyn, Pennsylvania. Defendants are the biological parents of the child. In
their Complaint, Plaintiffs seek legal and primary physical custody of the child. Plaintiffs aver
that the child has resided with both biological parents, Defendants in this action. Nowhere in the
Complaint do Plaintiffs aver that the child has ever resided with them. The only other averment
relating to why Plaintiffs are seeking primary physical and legal custody of the child can be
found in paragraph 11 (a) through (d).
Defendants file these Preliminary Objection requesting that this Court dismiss the
Complaint for Custody, because Plaintiffs fail to possess the obligatory standing under 23
Pa.C.S.A. §5311 et seq., and therefore, this Honorable Court lacks jurisdiction over the
Defendants and minor child pursuant to Pa.R.C.P. 1915.5. In the alternative, if this Honorable
Court finds that Plaintiffs have standing to pursue this Custody Action, the Defendants file these
Preliminary Objections requesting that this Court transfer venue from Cumberland County to
Lebanon County. Defendants file this Brief in support thereof.
II. ARGUMENT
Pennsylvania Courts have an established scope of review regarding Preliminary
Objections. The Pennsylvania Superior Court has stated'
Preliminary Objections, the end result of which would be dismissal of a
cause of action, should be sustained only in cases that are clear and free
from doubt. Baker v. Brennan, 419 Pa. 222, 225, 213 A.2d 362, 364
(1965). The test on preliminary objections is whether it is clear and free
from doubt from all of the facts pleaded that the pleader will be unable to
prove facts legally sufficient to establish his right to relief. Firing v.
Kephart, 466 Pa. 560, 563, 353 A.2d 833, 835 (1976). To determine
whether preliminary objections have been properly sustained, this Court
must consider as tree all of the well-pleaded material facts set forth in
appellant's complaint and all reasonable inferences that may be drawn
from those facts. Feingold v. Bell of Pennsylvania, 477 Pa. 1, 4, 383 A.2d
791, 792 (1977); Pennsylvania Liquor Control Board v. Rapistan, Inc.,
472 Pa. 36, 371 A.2d 178, 181 (1976).
Martinez v. Baxter, 725 A.2d 775, 776-777 (Pa. Super. 1999) (quoting Bower v. Bower, 531 Pa.
54, 56-57, 611 A.2d 181,182 (1992)).
A. PLAINTIFFS LACK STANDING TO PURSUE THIS CUSTODY ACTION
While it is true that grandparents may have standing to pursue a custody action,
the grandparents must be within the purview of one of the following:
1. 23 Pa.C.S.A. {}5311;
2. 23 Pa.C.S.A. {}5312; or
3. 23 Pa.C.S.A. §5313.
23 Pa.C.S.A. {}5311 applies when one of the parents of the child is deceased. It
reads as follows:
§5311. When parent deceased
If a parent of an unmarried child is deceased, the parents or
grandparents of the deceased parent may be granted reasonable
artial custod or visitation ri hts or both, to the unmarried child
by the court upon a finding that partial custody or visitation rights,
or both, would be in the best interests of the child and would not
interfere with the parent-child relationship. The court shall
consider the amount of personal contact between the parents or
grandparents of the deceased parent and the child prior to the
application.
23 Pa.C.S.A. §53 ! 1 (emphasis added)
Pa.C.S.A. §5312 reads as follows:
§5312. When parents' marriage is dissolved or parents are
separated
In all proceedings for dissolution, subsequent to the
commencement of the proceeding and continuing thereafter or
when parents have been separated for six months or more, the
court may, upon application of the parent or grandparents of a
party, grant reasonable partial custody or visitation right~, or both,
to the unmarried child if it finds that visitation rights or partial
custody,, or both, would be in the best interests of the child and
would not interfere with the parent-child relationship. The court
shall consider the amount of personal contact between the parents
or grandparents of the party and the child prior to the application.
23 Pa.C.S.A. §5312 (emphasis added)
Finally, Pa.C.S.A. {}5313 reads as follows:
§5313. When grandparents may petition
(a) Partial custody and visitation.-If an unmarried child has
resided with his grandparents or great-grandparents for a period of
12 months or more and is subsequently removed from the home by
his parents, the grandparents or great-grandparents may petition
the court for an order granting them reasonable partial custody or
visitation rights, or both, to the child. The court shall grant the
petition if it finds that visitation rights would be in the best interest
of the child and would not interfere with the parent-child
relationship.
(b) Physical and legal custody.-A grandparent has standing to
bring a petition for physical and legal custody of a grandchild. If it
is in the best interest of the child not to be in the custody of either
parent and if it is in the best interest of the child to be in the
custody of the grandparent, the court may award physical and legal
custody to the grandparent. This subsection applies to a
grandparent:
(1) who has genuine care and concern for the child;
(2) whose relationship with the child began with the
consent of a parent of the child or pursuant to an order of court;
and
(3) who for 12 months has assumed the role and
responsibilities of the child's parent, providing for the physical,
emotional and social needs of the child, or who assumes the
responsibility for a child who has been determined to be a
dependent child pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile
matters) or who assumes or deems it necessary to assume
responsibility for a child who is substantially at risk due to parental
abuse, neglect, drug or alcohol abuse or mental illness. The court
may issue a temporary order pursuant to this section.
23 Pa.C.S.A. {}5313
In their pleading, Plaintiffs request that this Honorable Court grant them legal and
primary custody of Alex, the child in question. When reviewing 23 Pa.C.S.A. {}{}5311, 5312 and
5313(a), it is evident that they are not applicable to this case. Those sections only apply to
grandparents who petition the court for partial custody and/or visitation rights.
23 Pa.C.S.A. §5313(b) provides recourse for grandparents who are seeking
physical and legal custody. When reviewing the necessary elements for a grandparent to have
standing in §5313(b), it is apparent that Plaintiffs do not possess standing pursuant to the
averments in their Complaint. Nowhere in their Complaint do they aver that the child has lived
with them for 12 months and that they have assumed the role and responsibility of the child's
parent, providing for the physical, emotional and social needs of the child. Nor has the child been
determined to be a dependent pursuant to 42 Pa.C.S.A. §63.
Finally, nowhere in their Complaint do they aver that this child is substantially at
risk due to any parental abuse, neglect, drug or alcohol abuse or mental illness. In fact,
Defendants believe that Plaintiffs have alleged quite the opposite. Plaintiffs have alleged in their
Custody Complaint that the subject child, Alex, is living at the Melmark Residential Facility.
Plaintiffs further allege that the minor child is autistic and in need of special education and
attention. The minor child is receiving this kind of attemion and education at Melmark, a facility
that is specifically designed to give Alex special attention and education, something that not even
the Palmyra Area School District could do. (See Exhibit A).
Thus, Plaintiffs clearly lack standing in this Custody Action. Further, because the
Plaintiffs lack standing in this Custody Action, this Honorable Court subsequently lacks subject
matter jurisdiction to hear this case.
B. VENUE IN CUMBERLAND COUNTY IS IMPROPER
Defendants assert that if this Honorable Court finds that Plaintiffs have standing
to pursue this Custody Action, venue should be transferred to Lebanon County. Pursuant to
Pa.R.C.P. 1915.2
(a) An action may be brought in any county
(1)(i) which is the home county of the child at the time of
commencement of the proceedings, or
(ii) which had been the child's home county within six
months before commencement of the proceeding and the
child is absent from the county because of the child's
removal or retention by a person claiming the child's
custody or for other reasons and a parent or person acting
as parent continues to live in the county; or
(2) in which it is in the best interest of the child that the court
decide the matter because the child and the child's parents,
or the child and at least one party, have a significant
connection with the county and there is available within the
county substantial evidence concerning the child's present
or future care, protection, training and personal
relationships; or
(3) in which the child is physically present and the child has
been abandoned or it is necessary in an emergency to
protect the child because the child has been subjected to or
threatened with mistreatment or abuse and is otherwise
neglected or dependent; or
(4) in which it appears that venue would not be proper in any
other county under prerequisites substantially in accordance
with paragraph (1), (2) or (3), or another court has declined
to decide the mater on the ground that the court before
which the action is pending is the more appropriate forum to
determine the custody of the child, and it is in the best
interest of the child that the court decide the matter.
(b) Except under paragraphs (3) and (4) of subdivision (a),
physical presence of the child within a county, or of the child
and one of the parties, is not alone sufficient to establish venue.
(c) Physical presence of the child, while desirable, is not a
prerequisite to venue.
(d) For the convenience of parties and witnesses the court upon
petition of any party may transfer an action to the appropriate
court of any other county where the action could have
originally have been brought or could be brought at the time of
filing the petition to transfer. It shall be the duty of the
prothonotary of the court in which the action is pending to
forward to the prothonotary of the county to which the action is
transferred certified copies of the docket entries, process,
pleadings and other papers filed in the action. The costs and
fees of the petition for transfer and the removal of the record
shall be paid by the petitioner in the first instance to be taxable
as costs in the case.
Pa. R.C.P. 1915.2.
The Defendants are entitled to a transfer of venue under subsections (a)(1), (2),
(4) and (d) of Pa. R.C.P. 1915.2. Both the minor child and Defendants' home county is Lebanon.
The Defendants and minor child have resided in Lebanon County since November of 2000.
Although the minor child lives at Melmark in Berwyn, he is enrolled in the Palmyra Area School
District and is monitored by the Lancaster-Lebanon Intermediate Unit 13. (See Exhibit A).
Further, the Defendants assert that Lebanon County would be a more convenient forum to decide
this Custody Action.
Therefore, the Defendants respectfully request that if this Honorable Court finds
that Plaintiffs have standing, venue of this matter be transferred from Cumberland County to
Lebanon County.
HI. CONC! ~USION
WHEREFORE, Defendants, Betsy Cohick and Chester Cohick, respectfully
request your Honorable Court dismiss Plaintiffs' Petition for Custody of their son, Alex Cohick.
In the alternative, Defendants respectfully request that if this Honorable Court finds that
Plaintiffs have standing to bring this Custody Action, venue be transferred from Cumberland
County to Lebanon County.
Respectfully submitted,
BUZGON DAVIS LAW OFFICES
·
BY:
TE, Esquire
Attorney I.D. #85766
525 South Eighth Street-Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421
Attorneys for Defendants
VERIFICATION
I, KELLEY S. GILLETTE, Esquire, do hereby verify that I am the attorney £or
Betsy Cohick and Chester Cohick, Defendants in the within action. The facts set forth in
the foregoing PRELIMINARY OBJECTIONS are true and correct to the best of my
knowledge, information and belief, as conveyed to me by my clients. My knowledge in
this matter is based entirely on what has been passed to me by my clients, pursuant to
Rule 1024(c) of the Pennsylvania Rules of Civil Procedure, because my clients are
unavailable to timely file this Verification within the time allowed for filing a pleading. 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: May 3,2001
MAY. 1. 2001 1' 17PM IU-1B 2MD FLOOR MO. B79 P. 2/7
·
LANCASTEIL~ANON INTERM~IATE UNIT 15
1110 Enterprise Road
East Petersburg, PA 17520-1696
Phone: (717) $69-7331
COMPREHENSIVE EVALUATION REPORT (CEll)
Original: forward to t"_llnlcal Smvi~
Sign~ copies ~o: (Ch~ below:} (Clzcck:)
Disu-ia Coord. Linda Barn ~lm~} ImPel l~t'~ml
Parrots M/M Ch~st~' CoMck. lt. ~/ Re-e~alu~on
Teac. her(cum file) J'oey Dziomba P~ye. hiatfic
·
SUlX~ds~ NC
Leba~o~ ITT Office NC District Pro~ (Palmyra)
Pmychologis~ Mazy BamctI IU Program
6 ,:lays poa~ MD£: 05-04-0!
·
I 0 clays po~ MI)E: 05--10-01
·
_
Pamn~ reloasc
fm each)
Date of Report: _ April 26~ 2001 Chairperson: .. Ma~_Barn. e,tt _
COH]CI~ A~L~X , 03-02-90
'Student N~ O..ast, First, MI.)" - Social Security ~u~bcr -- B i~~
M/M Chester Cohick, Ir. . Meek (APS Rcsidendal~) Pal~_ ~.a
Parent Nam~ - -- Pre.sent Class Location District of Residence
,1 l_5_Wcst Main Street .... _ 1.~-2 Autistic Support
StrcctAddress Grade -- Age c~m~nt Educ~nnal PmSm~
. PaJmyra,__PA 17078 ...... 717/832-3601 . loey Dziomba
. City, State...ZIP Telephone- Teac~r
_
_ ,- __ ,, _ _
1. REASON(S) FOR I~FRRRAL:
To re-evaluate his current progress and programming and to make recommendations for
further programming.
2. INFORMATION FROM PARERS OR PERSONS WITH WHOM THE STUDENT
LIVES:
Mrs. Cohick participated in thc MDE mec~g via phone confcruncc, She indicates that they
continu~ to have a difficult time with Alex when he is at home. tie still r~cds constant
EHXIBIT A
Al ex Col~,ck
1-PDE/BSE~-' FORMAT & - CO~SIVE EVALUATION REPORT - AP~ 1994
MAY. 1.2001 1' 17PM IU-1B 2MD FLOOR MO. 379 P.
·
·
supervision. They have had to secure ~l! windows ~d ~o~ so ~at he is s~ in ~dr ho~.
He hm jus~ ~enfly b~ ab]e ~o sl~p i~ ~~~~m ~h t~~ed w~dows ~d doors ra~~
~fi~ ~e ve~ ~~. ~ ~11 ~~o~ly p~ ~s sis~r s h~ but o~er ~~ ~at ~ere is
v~ ~e ag~ssion or ~~ to h~ o~ers.
3. EDUCATION~, SO~, ~ P~SIC~ ~TORY:
Mex c~nfly r~iv~ educa~onfl ~d msi~fifl se~ces at Me~~ ~ approved pfiva~
sch~l ~d ~si&n~fl f~iU~. Mex beg~ attuning ~lmmk in $uly, 1999. ~or to
~ssion ~e, Mex ~iv~ pro--rig in Au~s~c Support ~~ a one-to-one stuff
~mber ~emted by Capitol ~a ~t~~ate U~t. ~or to ~at placement, he w~
suppo~d in ~ ~S cl~oom. R~o~ in,cate ~at in ~nderg~n wi~ a one-to-one he
· d p~fieipam ~ h~-~y incision. Mex's ~st school ex~fience w~ preschool at ~e
U~t~ Cer~br~ Pflsy Center w~re he ~ceiv~ &velopmenml ins~cfion ~d sp~ch
language support
~o~ng at &velop~n~ ~sto~, Mex was bom ~ a ~sult of a ~l-t~ p~~~cy
wei~ng 6 lbs.. 5 o~. No eomp~ca~o~ we~ not~ at b~ ~d he was in excellent
cou~fion. He w~ed at ~e age of 15 monks. ~~e is no histo~ of s~t~ning verbal
co~~ca~on nor ~s he been toilet ~Sn~. Mex h~ ma& ~nimal pro,ss ~oughout
school. H~ h~ a ~sto~ of g~ing s~ls ~d ~en going ~mugh a period of regression.
E~liest ~sessm~ts found ~ ~e recor~ we~ in 1992 ~d 1993. He w~ seen by a Dr.
B~on m Henhey Me~cfl Cen~er in 1993 for a ne~ologicfl wor]mp. At ~at ~e he was
· a~osed wi~ ~ld Men~ Re~~fion and A~n~on Defici~~emc~vity Disorder.
evaluation was ~en conducted ~ Sepm~er of 1994 by Dr. Lusser in ~lentown, PA. At ~at
~e. Mex was app~nfly us~g ~0 to 26 ~ncfionfl si~s but ~s a~enfion sp~ was sho~
~d he showed ex~eme ~s~a~on when ~~~ were placed on him.
Mex h~ ~n on multiple m~cafions since 1994 to a~ss his 1~ level of ac~~
~ o~er beha~orfl co,ems. Me,cations ~at have been u~lized ~du~: Riml~, Cylen,
Clo~ne, ~s~ra~, ~oz~, ~ldol, Tr~adone, S~re~n shorn, ~d Depflcote. ~e at
Melmar& he h~ been t~n off ~ me~c~o~ ~~ success. Mex is ~a~oses inclu~:
P~asive Developmentfl Diso~r. Aufis~c-~; Mo~rate to Sev~e M~nt~ Re~da~on;
A~enfion Deficit H~emcfivi~ Disor~; Opposifionfl ~~t Disor~; ~d ~e out
Bipol~. ~ does ~w a ~sto~ of ~ageable beha~ ~t presenm a d~ger to ~~elf
~d o~e~ inclu~ng: ag~ssion ~~g ~d biting), ~~cfion of ~ope~, s~e~g,
ex~e~ ~p~sive beha~~ ~d ~sto~ of PICA, ~ng ~d ~ing away. ~d serf-
s~~mo~ behavi~. ~enfly, Mex is e~bi~g no fo~ of ag~ession. ~s seff-s~~g
~d ~ng confines to ~ a si~ific~t iss~ ~ well as ~s level of acfi~ty.
4. S~~RY OF F~~GS~E~~TA~ON OF ASSESS~N~ ~S~TS:
A. I~~o~ Eval~~on Re~~ ~~e~on~ Level, ~~s of Aequ~i~on ~d
Re~n~on):
Alex Cohick
2- PDF2~ - 4 FORMAT A - COMP~$1%I~ EVALUATION ~R? APRIL
· ~
MAY. 1.2881 I'iSPM IU-13 2MD FLOOR M0.379 P.4x7
·
·
A records review finds documentation of IQ and neurological testing done across the past
years. ]~arlicr assessments done in 1993 indicated mild to moderate mental
rctarclafion. As time passed, thc diagnosis changcct to moderate/severe mental retardation.
Alex has presentcci with delays in all areas (except gross motor) since thc age of two.
Cur~.en/observations as well as informal measures of adaptive behavior and lack of
progress in other domains in.cate that Alex cun'cnfly functions in the severe range of
mental retardation, tTotmal testing is not possible due to severe a speech and language
disability, difficulty with fmc-motor skills, and lack of behavioral control.
CURRF_.NT LEVELS Ol? I~INCTIO~C;
P~e- Vocational Skills
Alex has ma~ some progress towards his IF~ objectives in this ama. Hc currently
matches th~ colors r~d, blue, and green. He has matched two colors correctly for four
consecutive sessions. Regarding his progress from th~ beginning of this year: Alex
correctly match~ two shapes on three consecutive occasions. Alex was able to insert
10/10 objects with verbal direction on five consecutiw s~ssions. With verbal d~ctions,
he could remove 10/I 0 ¢loth~s pins from a can on five consecutive sessions. Alex will
pick up beads and attempt to string them on a pipe cleaner 1/10 occasions. He continues
to struggle with this skill due to f'me-momr difficulties. Alex will individually rema/n in
seat during a one-m-one activiq~ for up to $ minutes on four consecutive trials. He
continues to require a reinforcer for appropriate siting and for worldng. When given the
verbal direction. "marly" Alex does continue to require physical hand-over-hand
prompting to put his hands in his lap and si~ with his eyes on r. he instructor. All of these
pm-vocational skills are taught through discrem trial format and high levels of cd/ble
reinforcers are used throughout sessions.
·
Communication
Alex is currently being taught to use a Picture F.0cch~ge Communication System (I~CS)
for functional commu~cation. At this point, he is given a choice of two PEC$ and is
being taught to discriminate. The speech/lauguage therapist successfully used a field of 6
PECS. However, this has not generaliz~ into the classroom. Using PECS is much mom
successful with the use of rcirfforccmen~. He has correctly rcrnoveci the bathroom PEC
from his schedule and walked to the bathroom on two occasions. Given a choice of two
objects (one ~sirable and one undesirable), Alex will choose the appropriate icon from
his communication book with 80% accuracy or higher on 4/~ trials'. Alex is able to follow
simple verbal commands that consist of one to two words with visual cues at 70%
accuracy. He has made some progress with imitating simple actions such as "piclc up" at
,t~% accuracy, "calm" with 40% accuracy, and "sit down" with $~% accuracy. He is
responding to a verbal prompt to "touch head" with 65% accuracy, "touch nose" with 40-
~$% accuracy, and the prompt to "clap hands" with 40-~$% accuracy.
Adaptive Behavior
Alex is clcpcndent on staff for support for all tofleting needs. He does currently wear
diapers and does not consistently use the toilet. A schedule has been utilized in the past
Alex Cohick
3- PI)E/B~ - 4 FORMAT A - COMPREHIi:NSIVI~ ~'VALIIATION ~RT - ~PRIL LOg4
MO. 379 P. 5/7
MAY. 1.2001 1' 19PM IU-1B 2MD FLOOR
to pull his pants down with one to two verbal prompts and will sit on the toilet with
continual prompting. Staff indicate that they will soon bc implementin§ a "Wet Stop"
program coupled with a toilet chaining sequence that brc~ down the steps of toilcting
and taught indivicluall¥ through discr~t~ trial. Alex eats his me~s with minimal
p~mpting using a fork or spoon but requires one-to-one attention at meal time because
he tencls to use bis ~mge~ or stea~ food- Ale~ in~p~nd~utlY holds a cup and dri~ from
~t. Al~ is dc-pendent on staff assistance for all d~s~g nee~ls. He will offer ~ssismnc~ ~o
staff holding the sh~ as well as finishing the dressing process when ~e head is put
~m~ugh the hole of the shirt, h~ will independently f~d the arm holes and complete ~he
shi~ process. AI¢~ ~~ help initially pu~u§ his pants on thc correct way but can
iudepend~tlY pull his pants up. He does not appear to unde~st~d how to butto~ or use
zippers nor tie his shoes. He is depeu~ut for all dental ca~e as well as persona!
Staff at~empt Alex to be involveA and cooperate wi~ hand-over-hand washing bu~ he ~s
not alway~ cooperative. . '-- ~---'--~ all waking hours becaus~ of the co?tuned
Alex must ~¥¢ oi~¢-to-oIle s~perv~smu ~m~ '
need to monitor his high level of activity and his ?~CA. Constant sup~ision is
necessary due m his unawareness of da~g~rs and his d~si~ to touch objects. ^le~ do~s
benefit from his a§~.approp~iat¢ P¢~ group and is involved in community
park, local historical sights, amusement paflcs, restaurants, and
swinuning, In his fr~¢ tt~ .__ :_ ~e~v~i incte~e~ocnu¥ ann w,~, ~ven attempt
videos. ~ will initiate ~ngagm§ m these ..... es _ that AIex enjoys
~o put videos in the VCR independenCY. His pa~ents also suggest
horses, Alex dees not lik~ to be ~ed~ec~d when hc b~o~s ~ated on a certain activity
or watching an object and may cry to ~xprcss his unhappiness. He will also become
frustrated with continuous physical prompting. When Ale~ is happy, h~ will smile and
laugh, I-~ ~s nonverbal anc~ t~uds m like ~c~ivi~es that he can do by himself and
lithe with others. Alex can communicate by becoming physically and verbally agitated if
he dislikes sorn¢~-ing although he can occasionally become agitated for apparently no
r~ason at all so it is some~ difficult to understand if he is communicating a desir~ or
dislike, · ·
Alex's t~ache~ completed thc
Nis ra~ugs yielded sco~es in ~e ¢ommu~ca~on ~ornain, daily living sk~ls ~omain, and
~ socialization domain that fell in th~ ~ange of profound d~ficits.
Alex is ambulato~ and able to walk to and from different areas with one-to-one staff
presence for guidance and p~otcction as hc sometimes gets excited ~nd will run away. He
does need assistance on the stairs for his protection. His occupational th~apist indicates
that therapy will bc taking mon~ of a sensory approach with Alex. He does continue to
present with difficulties in participating in classroom activities duc to inczeased self-
stimulatory behaviors and darting. He just does not s~m to benefit f~om proprioc~ptiv~
to require hand-over-hand assistance to initiate
input f~om lap weights and he continues presents with poor visual regard to tasks at-hand.
and complete many activities. Alex still
Stm'f w~ll ¢orttinuc hypothefapY sessions.
B. Ecologicsl ~vahmtion Results (If appropriate):
Alex Cohick
4- I, DE~9~ - 4 FOF. MAT A - COMFRE~ EV~LIJ&TION ItEI'ORT - AF~ 199~t
MAY. 1. 2001 1' 19PM IU-13 2MD FLOOR MO. 379 P. 6x7
·
C. Vocational T e¢~,'~ Edumfion Assessment Results ~ appiopria~e):
5. STRF_.NGTHS: · Beginning to pvrform simple vocational ta~ks
Improved communication with PECS
· Discriminates between desirabl= and undesirable objects
· Incl~pen~tly dgnk.s from cup
· Ambulates independently with staff supervision
· Desires to be active and involved in activities for a short pcriod of time
· Enjoys trampoline, run.n§, watching videos, swimming, and horseback tiding
· Eats independently with spoon
· Extremely motivated by ~diblc reinforcers
· Adapts to fading and will complete multi-step activities for a reward
_
6. DRGRKE OF NEED: · Continu~ to develop pre-vocational skills
· Enhance safety awareness
· Improve self-care skills and daily living skills (especially toilet training)
· Continue to improve functional communication skills through the use of PECS
Decrease maladaptive behaviors (sclf-stimulatory behaviors, darting)
· Improve att~n~on to task
· Enhancc frae-motor skills
· Continue to develop independent skills
· Continues to need one-to-one assistance and supervision because of his limited
understanding of safety issues and has difficulty with high levels of activity and low levels of
focus and attention
, Continues to nccd tangible (edible) reinforcements in small ratios
7. INI~ORMATION FROM OBSERVATIONS IN THE CLASSROOM AND OTHER
SETTINGS:
The school psychologist conducted an extensive obs~rv~on of Alex in his classroom. It was
evident that Alex depended on prompting, both verbal and physical, to be successful with the
task at-hand. He nee~d edible reinforcers after almost every response to continue m be
motivated. Duriu§ a ~ ~o 10-minute session, he needed multiple physical prompts to remain
seated. Alex cxhibit~ nearly constant sclf-stimulatory behaviors with Iris hands and legs
even with physical and verbal prompts to stop. Although he has made progress with his usc
of PECS, he did demonstrate inconsistent pcrf~~ during an activity where he was
choosing between a desirable and an undesirable PECS card. Alex nccdcd physical prompts
with all transitions. It was apparent that keeping edibles in constant view also served as a
motivator. Alex had a very difficult time in a group session with two o~ students and did
not seem to benefit. He was then observed during individual work time. He was following a
visual (color-matching) work system. He needed some prompting but was able to do some
independently. If Alex is left alone for any period of time, his self-stimulatory behavior
increases and he quickly becomes over-excited, exhibiting high levels of activity and loud
vocalizations.
Alex Cohick
$- Iq)~ . 4 FO~T i - COMPI?IIiIg0~Ii~VB EWtALUATION REYORT - API/H. 1994
MO. 379 P. 7/7
MAY. 1.2001 1' 20PM IU-13 2MD FLOOR
..
...... L-~OMI~ENI)AI~ON~ TO IEP TEAM:
$. CLU~ION~ Ainu ~~
CON ........... :.11~~~~ ~cflo~ ~t p~~~ ~e h pro~,
and o~er ~s~ b~~ on me s~u~
~ex c~fin~s to ~ cE~5~ for
Relation, A u~ ~d Sp~~ ~p~ent.
FOR REEVALUATION:
9. RECO~~&~ON REGARDING CON'I~~ ~ FOR SPECIAL
EDUCATION:
Alex would continue to benefit from specially-designed instruction in a small, highly structured
setting thac provides visual aides as well as one-m-one support to meet his needs in thc a~ea of
adaptive behavior, communication, motor skills, and pre-vocational skills.
Continu~ speech/l~gua§e services.
Continue occupational ~erapy.
Continu~ one-to-one stuff assistance.
10. IIEVIEW OF THE STUDENT'S IEP
"'~ ctional activities which have been successful:
Instru
Individualized ins~uction
· Use of PECS for communication
· Visual schedule and visual pmmpiin§
· Hi~h levels of edible reinforcers for motivalion
Recommendations [or revision of the IEP: .
Alex Cohick
COMP~ EVALUATION ~aT - AFalI, 1004
JUDY FRY and, :IN THE COURT OF COMMON PLEAS
THOMAS FRY,
Plaintiff: :CUMBERLAND COUNTY, PENNSYLVANIA
:01-2419 CIVIL ACTION LAW
vs. :IN CUSTODY
BETSY COHICK and '
CHESTER COHICK, '
Defendant
AFFIDAVIT OF SERVICE BY MAIL
COMMONWEALTH OF PENNSYLVANIA )
) ss.
COUNTY OF LEBANON )
I, ANGELA JEAN BINGAMAN, an employee of the law firm of Buzgon Davis, 525
South Eighth Street, Lebanon, Pennsylvania, 17042, Attorneys for Defendants, being duly sworn
according to law, depose and say that I mailed on May 3, 2001, by regular mail, in a postpaid
envelope, a true and correct copy of DEFENDANTS' PRELIMINARY OBJECTIONS, the
original of which was filed on May 3, 2001, in the Office of the Prothonotary of Cumberland
County, Pennsylvania, to' Austin F. Grogan, Esquire, 24 North 32na Street, Camp Hill,
Pennsylvania 17011, Attorney for Plaintiffs, Judy Fry and Thomas Fry; and Melissa P. Greevy,
Esquire, 214 Senate Avenue, Suite 105, Camp Hill, Pennsylvania 17011, Custody Conciliator.
·
Sworn and subscribed to
before me this 3rd day
of May 2001.
Notarial Seal
doyce E. Brightbill, Notary Public
Bern Twp., Berks County _ _
My Commission E. xpims Apr. 12, 2004
I~mber. Pennsylvania ~tion of Notaries
JUDY FRY and THOMAS FRY, · IN THE COURT OF COMMON PLEAS
Plaintiffs · CUMBERLAND COUNTY, PENNSYLVANIA
v. · NO. 01-2419
BETSY COHICK and ·
CHESTER COHICK, · CIVIL ACTION - LAW
Defendants 'CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, this iq' day of 2001, the plaintiffs Thomas Fry and Judy Fry, by and
through their attorney, Austin F. Grogan, Esq., aver the following'
1. The plaintiff, Judy Fry is the paternal grandmother of the minor child, Alex
Cohick, born March 2, 1990, who is curremly in the custody of Melmark Residemial Facility in
Berwyn, Pennsylvania;
2. The plaintiff, Thomas Fry, is the husband of the plaintiff, Judy Fry, thus creating
a step-grandfather relationship between Alex Cohick and Thomas Fry;
3. The defendants, Betsy and Chester Cohick, are the natural parents of the child;
4. On or about April 25, 2001 the plaintiffs initiated a custody action seeking
primary physical and legal custody of the child;
5. The defendants, by and through their attorney, filed preliminary objections raising
standing and venue as to the authority of the plaintiffs to seek primary custody and the venue of
Cumberland County on the custody matter;
6. The plaintiff, Judy Fry, has had regular partial custody since the child's birth.
7. The plaintiffs have had regular and frequent contact with the child since 1996 and
partial custody on alternating weekends;
8. The ch/Id, for approximately twenty-two months s/nce July 1999, has resided at
the residential facility for emotionally challenged children called Mehnark;
9. The pla/miffs have had partial custody with the full knowledge and support of the
natural parents up until May 9, 2001;
10. By a letter dated May 9, 2001 the defendants' attorney notified the undersigned
counsel that the plaintiffs were no longer allowed to visit and/or exercise custody of Alex Cohick
commenc/ng the weekend of May 11, 2001 (letter attached);
11. The weekend of May 11, 2001 is the normally scheduled alternating weekend that
the grandparents have enjoyed partial custody with the/r grandson;
12. The pla/miffs feel that this un/lateral term/nation of the part/al custody is done in
retaliation to the part/es seeking pr/mary physical and legal custody of the chid.
WHEREFORE, the pla/miffs respectfully request this Honorable Court to schedule an
emergency Hearing to reestablish the status quo as it relates to the custody schedule for the
part/es with the minor child and to schedule an evidentiary hear/ng as to the prelhninary
objections of standing and venue.
Respectfully submitted,
ire
24 North 32aa Stree~,,..~}
Camp Hill, PA 17011
(717) 737-1956
ID # 59020
Buzco D ms
LAW OFFICES
A PROFESSIONAL CORPORATION
BERNERD A. BUZGON PHILIP S. DAVIS
HARRY W. REED, JR. 525 SOUTH EIGH'IH STREET (1942 - 1995)
TIMOTHY J. HUBER POST OFFICE BOX 49 RICHARD W. DAVIS
EDWARD J. COYLE LEBANON, PA 17042 (1964- 1997)
MARY H. BURCHIK
SCOTT L. GRENOBLE PHONE: (717) 274-1421
CHAD M. TEMPLIN FAX: (717) 274-1752
JOHN W. DITZLER
KELLEY S. GILLETTE E-MAIL:buzgon~sunlink.net
May 9, 2001
Austin F. Grogan, Esquire
24 North 32'~d Street
Camp Hill, PA 17011
Re- Judy Fry and Thomas Fry v. Betsy Cohick and Chester Cohick
Dear Mr. Grogan:
Please be advised that my clients wish to withdraw Mr. and Mrs. Fry's visitation privileges with
Alex until this matter has been concluded. This withdrawal is effective immediately, therefore, your
clients should not .plan on visiting Alex this weekend, May 11-13.
Should you have any questions, please do not hesitate to contact me. Thank you for your
cooperation.
Very truly yours,
Kelley S. Gillette
KSG/ajb
cc: Mr. and Mrs. Cohick
~1i ¥ ~l ,l .? n n ~ "
VERIFICATION
We, Judy Fry and Thomas Fry, verify that the statements made in the foregoing Petition for
Special Relief are true and correct to the best of our knowledge, information, and belief. We
understand that false statemems herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unsworn falsification to authorities.
'~' ' JUDY FRY? ' ,~;' J ,~/" '
Date h~,~ /4, ~,o, ~,.~~~~"
THOMAS FRY
JUDY FRY and THOMAS FRY, · IN THE COURT OF COMMON PLEAS
Plaintiffs · CUMBERLAND COUNTY, PENNSYLVANIA
v. · NO. 01-2419
BETSY .COHICK and ·
CHESTER COHICK, · CIVIL ACTION - LAW
Defendants · CUSTODY
ORDER
AND NOW, this /g"" day of /~¥ , 2001, upon consideration of the
attached Pe___tit~ion for_~Special R~it is hereby Ordered that a Hearing on the matter be
,
scheduled for the Z¥' day of rn~? ,2001 at ~:t.C~ .M. in Courtroom # q' of
the Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
nt~ot,d~ By the Court,
-
Judge
·
·
· ·
PALMYRA AREA SCHOOL DISTRICT
SPECIAL EDUCATION DEPARTMENT
400 South Forge Road .
Palmyra, PA 17078
NOTICE OF RECOMMENDED ASSIGNMENT
Student Cohick, Alex _ Date May 23, 2001
Date of Birth 03/02/86 District of Residence Palmyra
Parent Name Mr. & Mrs. Chester Cohick
Address 115 West Main Street
City-State-Zip Palmyra, PA 17078
Dear Mr. & Mrs. Cohick:
This letter summarizes recently developed recommendations or proposed changes for your child's education
program and/or assignment.
1. [ ] Your child should begin to receive special education services. The school district will not proceed
Without your approval of this recommendation (the IEP is attached).
2. [X ] Your child's special education placement or services should be changed as noted in the IEP. The
school district will proceed with this change unless you notify us within ten days of your written
disapproval (the IEP is attached).
3. [ ] Your child is no longer in need of special education. We recommend current special education services
be discontinued. The school district will proceed with this change unless you notify us within ten days
of your written disapproval.
4. [ ] Your child is graduating from high school. All special education services will cease at the end of the
current school term.
5. [i Your child is not in need of special education and should continue in his/her present assigmaaent.
6. [ ] The school district is refusing your request to initiate or change your child's:
[ ] Identification [ ] Evaluation
[ ] Educational placemem [ ] Provision of education
The reason and basis for this refusal are:
The assignment recommended for your child is:
Appropriate Grouping Autustie Support -
Level Full-Time Special Education Class Outside the Regular School
Location . Approved Private School on a Residential Basis .
Other Eligible for ESY .
This assignment was recommended after a review of the attached options, which were used to assist in
identifying the services and programs that will meet your child's needs.
OPTIONS CONSIDERED
Student's Name Cohick, Alex
The options considered when recommending placement for your child fall into three categories, as listed on the
chart below:
· Appropriate grouping of students who have learning needs similar to your child, and who are able to
benefit from this assignment, given the rate, level, and manner of the instruction to be provided.
· Level of intervention is the type and mount of special education instruction your child will receive.
· Location of intervention is the type of building or facility where special education services will be
provided.
In discussing the appropriate program for your child, the options checked below were considered.
APPROPRIATE GROUPING (Class or Type of Service)'
[X] Autistic Support [ ] Blind or Visually Impaired Support [ ] Life Skills Support
[ ] Deaf or Hearing Impaired Support [ ] Emotional Support [ ] Physical Support
[ ] Gifted Support [ ] Learning Support [ ] Multiple Disabilities Support
[. ] Speech and Language Support
LEaL OF ~RVENTION:
[ ] Part-time Special Education Class in the Regular School
[ ] Supportive Intervention in the Regular Instructional Environment
[ ] Supplemental Intervention in the Regular Instructional Environment (Itinerant)
[ ] Supplemental Intervention in the Resource Instructional Environment
[ ] Full-time Special Education Class in the Regular School
[ X] Full-time Special Education Class Outside of the Regular School
LOCATION OF INTERVENTION:
[ ] Regular school which student would attend if not a child with a disability
[ ] Alternate regular school as close to the student's home as possible
jkll~-[l~ Alternate regular school in a neighboring school district
[ ] Special education public school, such as a special education center
[ ] Instruction in the home
[ ] Approved Private School on a day basis
[XJ Approved Private School on a residential basis
Reasons for the recommendations (Include evaluation procedures, reports, and other factors used in
making the recommendations):
Based on information obtained from reports from the CER and current IEP, the district supports an approved
private school,'~l~ll~ to meet Alex Cohick's needs
Reasons why the above recommendation is appropriate and why it represents the least restrictive
environment in which your child's needs can be met:
Alex's needs can best be met in an autistic support program
Reasons why the options that were considered but not recommended are inappropriate or do not
represent the least restrictive environment in which your child's needs can be met:
The other options are not appropriate at this time
Option r~v 8/00
White - IU Central Office Canary - District Pink - Parent
7. [ ] Other:
School District Superintendent Signature Date
You have certain rights which are described in the attached Procedural Safeguards Notice. Please carefully read
the information. If you need more information, you may contact:
L inda S. Bare
Name -~' Director of S ecial Education __717-838-883.5
Position Phone Number-
DIRECTIONS FOR PARENTS. Please check one of the options, sign this form, and return it within l0 days
to the person listed above.
[~ I approve this recommendation
[ ] I do not approve this recommendation
My reason for disapproval is:
request:
A Preheating Conference*
Mediation*
Due-process Hearing*
_____ I will need the following accommodations to be made so that I may attend the above.
·
Parent's Signature Date O--aytime ~)hone --
*The enclosed Procedural Safeguards Notice provides information on the options listed above.
NORA rev 8/00
White - IU Central O£Hce Canary- District Pink - Parent
·
LANCASTER-LEBANON. INTERMEDIATE UNIT 13
(~ 1110 Enterprise Road
East Petersburg, PA 17520.1696
Phone: (717) 569-7331
*********************** COMPREHENSIVE EVALUATION REPORT (CER)
Original: forward to Cl/n/cal Services
Signed copies ,o: (Check be~~~~~~~~~~~~~~~~~~~~~~~~
Dis~ct Coord. Linda Bare (Palmyra)
Parents (Check:)
M/M Chester Cohick, Jr. --'-'"-'-'-------- Initial Referral
Teacher(cum file) ~
loey Dziomba ~ ~ Re-evaluation
Supervisor ~
NrC
Lebanon IU Office '--'---'-'-------- ~ Psych/atric
NC
Psychologist
Mary Barnett
Others (list) ' ~ ~ District Program (Palmyra)
~ IU Program
6 days post MDE: 05-04-01
Agencies (attach 10 days pos~ MDE:
Paren£al release
for each)
Date of Report: ~00~
MDT Chairperson: M~ett
COHICK, ALEX -
Studen~ Social Security Number 03-02-90
M/M Chester Cohick, Ir. B irthdate
Parent Name ~ Melmark (APS Residential)
Palm ra
Present Class Location District
115 West Main Street
Street Address
Grad 1 I-2 Amis '
Pa...~_ylm ra, PA 1707~ e A_oe _ ac Su oft
·
ducational Pro
_ 717/832-3601 gram
Tele hone "'-'-----~'[°~mba
1. REASON(S) FOR RE~RRAL:
To re-evaluate his current progress and
further programm/ng, programm/ng and to make recommendations for
2. INFORMATION FROM PARErs OR PERSONS WITH WHOM THE STUDENT
LIVES:
Mrs. Cohick participated in the MDE meet/ng via phone conference. She indicates that they
continue to have a d/fficult t/me with Alex when he is at home. He still needs constant
Alex Cohick
1-PDE/BSE.,4 FORMAT A - COMPREHENSIVE EVALUATION REPORT_ APRIL 1994
to pull his pants down with one to two verbal prompts and will sit on the toilet with
continual prompting. Staff indicate that they will soon be implementing a "Wet Stop"
program coupled with a toilet chaining sequence that breaks down the steps of toileting
and taught individually through discrete trial. Alex eats his meals with minimal
prompting using a fork or spoon but requires one-to-one attention at meal time because
he tends to use his fingers or steal food. Alex independently holds a cup and drinks from
it. Alex is dependent on staff assistance for all dressing needs. He will offer assistance to
staff holding the shin as well as finishing the dressing process when the head is put
through the hole of the shirt, he will independently find the ann holes and complete the
shin process. Alex needs help initially putting his pants on the correct way but can
independently pull his pants up. He does not appear to understand how to button or use
zippers nor fie his shoes. He is dependent for all dental care as well as personal grooming.
Staff attempt Alex to be involved and cooperate with hand-over-hand washing but he is
not always cooperative.
Alex must have one-to-one supervision during all waking hours because of the continued
need to monitor his high level of activity and his PICA. Constant supervision is also
necessary due to his unawareness of dangers and his desire to touch objects. Alex does
benefit from his age-appropriate peer group and is involved in community outings
including trips to the park, local historical sights, amusement parks, restaurants, and
swimming. In his free time he enjoys jumping on his trampoline, running, and watching
videos. He will initiate engaging in these activities independently and will even attempt
to put videos in the VCR independently. His parents also suggest that Alex enjoys tiding
horses. Alex does not like to be redirected when he becomes fixated on a certain activity
or watching an object and may cry to express his unhappiness. He will also become
frustrated with continuous physical prompting. When Alex is happy, he will smile and
laugh. He is nonverbal and tends to like activities that he can do by himself and interact
little with others. Alex can communicate by becoming physically and verbally agitated if
he dislikes something although he can occasionally become agitated for apparently no
reason at all so it is sometimes difficult to understand if he is communicating a desire or a
dislike.
Alex's teacher completed the
·
His ratings yielded scores in the communication domain, daily living skills domain, and
the socialization domain that fell in the range of profound deficits.
Motor
Alex is ambulatory and able to walk to and from different areas with one-to-one staff
presence for guidance and protection as he sometimes gets excited and will mn away. He
does need assistance on the stairs for his protection. His occupational therapist indicates
that therapy will be taking more of a sensory approach with Alex. He does continue to
present with difficulties in participating in classroom activities due to increased self-
stimulatory behaviors and darting. He just does not seem to benefit from proprioceptive
input from lap weights and he continues to require hand-over-hand assistance to initiate
and complete many activities. Alex still presents with poor visual regard to tasks at-hand.
Staff will continue hypotherapy sessions.
Alex Cohick
4- PDF./BSE . 4 FORMAT A - COMPREHENSIVE EVALUATION REPORT. APRIL 1994
B. Ecological Evaluation Results (If appropriate):
C. Vocational Technical Education Assessment Results (If appropriate):
5. STRENGTHS: · Beginning to perform simple vocational tasks
· Improved communication with PECS
· Discriminates between desirable and undesirable objects
· Independently drinks from cup
· Ambulates independently with staff supervision
· Desires to be active and involved in activities for a short period of time
· Enjoys trampoline, running, watching videos, swimming, and horseback riding
· Eats independently with spoon
Extremely motivated by edible reinforcers
· Adapts to fading and will complete multi-step activities for a reward
6. DEGREE OF NEED: · Continue to develop pre-vocational skills
· Enhance safety awareness
· Improve self-care skills and daily living skills (especially toilet training)
- Continue to improve functional communication skills through the use of PECS
· Decrease maladaptive behaviors (self-stimulatory behaviors, darting)
· Improve attention to task
Enhance fine-motor skills
· Continue to develop independent skills
Continues to need one-to-one assistance and supervision because of his limited
understanding of safety issues and has difficulty with high levels of activity and low levels of
focus and attention
· Continues to need tangible (edible) reinforcements in small ratios
7. INFORMATION FROM OBSERVATIONS IN THE CLASSROOM AND OTHER
SETTINGS:
The school psycholo~st conducted an extensive observation of Alex in his classroom. It was
evident that Alex depended on prompting, both verbal and physical, to be successful with the
task at-hand. He needed edible reinforcers after almost every response to continue to be
motivated. During a 5 to 10-minute session, he needed multiple physical prompts to remain
seated. Alex exhibited nearly constant self-stimulatory behaviors with his hands and legs
even with physical and verbal prompts to stop. Although he has made progress with his use
of PECS, he did demonstrate inconsistent performance during an activity where he was
choosing between a desirable and an undesirable PECS card. Alex needed physical prompts
with all transitions. It was apparent that keeping edibles in constant view also served as a
motivator. Alex had a very difficult time in a group session with two other students and did
not seem to benefit. He was then observed during individual work time. He was following a
visual (color-matching) work system. He needed some prompting but was able to do some
independently. If Alex is left alone for any period of time, his self-stimulatory behavior
increases and he quickly becomes over-excited, exhibiting high levels of activity and loud
vocalizations.
Alex Cohick
5- PDE/BSE - 4 FORMAT A - COMPREHENSIVE EVALUATION REPORT . APRIL 1994
8. CONCLUSIONS AND RECOrdATIONS TO IEP TEAM:
.
(Including eligibility, specially-designed instruction, current program, change in programs,
and other issues based on the student's individuals needs.)
Alex continues to be eligible for special education services as a student with Mental
Retardation, Autism, and Speech~anguage Impairment.
FOR REEVALUATION:
9. RECOMMENDATION REGARDING CONTINUED NEED FOR SPECIAL
EDUCATION:
Alex would continue to benefit from specially-designed instruction in a small, highly structured
setting that provides visual aides as well as one-to-one support to meet his needs in the area of
adaptive behavior, communication, motor skills, and pre-vocational skills.
Continue speech/language services.
Continue occupational therapy.
Continue one-to-one staff assistance.
10. REVIEW OF THE STUDENT'S IEP
Instructional activities which have been successful:
· Individualized instruction
* Use of PECS for communication
* Visual schedule and visual prompting
· High levels of edible reinforcers for motivation
Recommendations for revision of the IEP:
Alex Cohick
6- PDF. JBSE . 4 FORMAT A - COMPRF..IIEN$1VE EVALUATION REPORT- APRIL 1994
LANCASTER-LEBANON INTERMEDIATE UNIT 13
Student Name:
COMPREHENSIVE EVALUATION REPORT SIGNATURES
DIRECTIONS TO TEAM MEMBERS. Check YES if you agree with this report; check NO if you
do not agree. If you do not agree, please write the reason for the disagreement, and it will be
attached to the report.
YES NO . SIGNAT
; RE TITLE
_.~ '~l/~ Chairperson/
- - -- - SchooiPs~
- Parent
- Parent
-'~,~i - - - Teacher
Office Use
I-PDE/BSE-4 FORMAT A. COMPREHENSIVE EVALUATION REPORT. APRIL 1994 ~ate Parent Co0y ~se~
-' MAY. 2.2001 3' 3gPM IU-13 2MD FLOOR MO. 44.~ P. ~/~'
LANCASTER-LF_~ANON IN~IATE UNIT
COMPREHENSIVE EVALUATION REPORT SIGNATURES
·
DIRECTIONS TO TEAM MEMBERS' Check YES if you =gree with this report; check NO if you
do not agree, If you do not agree, please write-the reason for the disagreement, and it will be
attached to the report.
YES NO $1GNAT RE n.~~~.~ TITLE
~_~_ .......... _-. School Psychologist
~__ C __. Tether _
Office Use
orate ~nre-~ t.~py .~nc
·
3-PDE/I~SE~ FOF1MAT A - cOMPREHENSIVE EVA~A~ON REPO~ - APRIL 1994
PALMYRA AI~EA SCHOOL DISTR. ICT
SPECIAl. EDUCATION DEPARTMENT
qO0 5ord:h Forge Road
Palmyra, PA 17078
PERMISSI, O**N** TO REEVALUATE
Date: ]anua 0 2001
Student: ~
(Name and Address of Parent)
Dem' tv~'. & ~Lrs. Cohick:
The school district is planning to r~¢valuat~ your child for the following r~ason(s):
Re. evaluation of
Functioning
intellectual/Educational/Social/Emotional
our consent to conduct this Reevaluation. We must have your consent before
we can begin. Howe , p _ - .-~ .~ ...... ~uation In the reevaluation, we will review your
response we are permitted by law to procee~ wtm mc ~a'~onal ~rforn~ance levels, assessment results,
as shown by educ P rocedures whxch will be
· ,- · al needs and strengths ....... ~-,~fic ~s of tests and p
child ~ educatto_n._. · ormation trom you. ,,t,,.~- -~ ~
classroom observations, and ~
used in the reevaluation include the following:
Individually administered test of intellectual or academic ability: Individually administered tests of
acMevement in one or more academic ~reas: Curriculum based assessment- BehavioraVSociaVEm°ti°na!
funcitoning.
.... . conduct the reevaluation. As pare. nt(s d
The school district will form a muludisctp.hn, ary team. to . ' d Information from you is to oc You
member of the team. If a team meeting is held you will be tnvtt~¢r~d written comments, please do so.
identification and ev.,fluation of your chilck
by the team as part of the reevaluation process. If you want t.our child's educational program_' and
to the
.... ' re are recommendations reg~ding yo._, _~ .... ,;on and related services. Thi.s
are entitled to participate in any meetings with respect
tidisci l~nary team wtl p_' ._P . f and eh ble tor_spect ___ d will be given t._o thC_'
mul P . · be tn need o IP . rt CER) an
hether our ch!l.d conUn_u_es t.o ehensive Evaluation Re~.p_o_: ( mnleted and the
· ~~.t'Y.o. wi~ ~ ou~li.~d_.. · Co_?f.~.., ~'-.r~ Th~ ae~.~ua,.o- .~ to b~ co ~
Individualized Edueatmn frog days of receipt of your consent to reevaluate.
is to be disseminated to you within 60 school
Please call me at the number listed below to discuss information which you feel is important to include in the
evaluation. Please read the enclosed Procedural Safeguards Notice which includes parent resources
such as state or local advocacy organizations. If you have any questions, or if y0...u._need the services of a
.,
translator or an interpreter, please contact me.
Di~ctor of S ciai Education
p_hone
~~-- position ~t) ~* '
Cohick, Alex
03/02/90
Melmark
DIRECTIONS FOR PARENTS: Please check the appropriate item(s), sign and
return this form to the person below.
I give consent to be~n a re-evaluation as you propose.
Please contact me. I am not ready to give consent for the re-evaluation at this time and would like to
talk about this.
I object to the proposed reevaluation. Please do not begin the re-~valuation process at this time.
I object to the proposed re-evaluation; however, I would like to schedule:.
[ ] An informal meeting
[ ] A pr~-hearing conference*
[ ] Mediation*
[ ] Due Process Hearing*
Parent(s) Signature Date Daytime Phone
*The enclosed Notice of Parents' Rights provides information on the options listed above.
Date 45
Received Days
cc. _n I q Ja.r/flt
reevaluation rev.8/O0
JUDY FRY and, :IN THE COURT OF COMMON PLEAS
THOMAS FRY, ·
Plaintiff: :CUMBERLAND COUNTY, PENNSYLVANIA
· 01-2419 CIVIL ACTION LAW
VS. ·
· IN CUSTODY
BETSY COHICK and ·
CHESTER COHICK, ·
Defendant ·
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Kelley S. Gillette, Esquire, of BUZGON
DAVIS LAW OFFICES, 525 South Eighth Street, Lebanon, PA, 17042-0049, for
jurisdictional purposes only, as attorney for Betsy Cohick and Chester Cohick, the
Defendants in the above captioned action.
BUZGON DAVIS LAW OFFICES
By:
Attorney I.
Attorney for Defendants
JUDY FRY and THOMAS FRY, · IN THE COURT OF COMMON PLEAS OF
Plaintiffs · CUMBERLAND COUNTY, PENNSYLVANIA
·
vs. · 01-2419 CIVIL
·
BETSY COHICK and CHESTER · CIVIL ACTION - LAW
COHICK, ·
Defendants · IN CUSTODY
ORDER
AND NOW, this
day of June, 2001, after hearing, the preliminary objections of
the defendants with regard to venue are DENIED.
The court, finding no statutory basis upon which to grant the plaintiffs standing, the
preliminary objection of the defendants on this basis is SUSTAINED and the custody complaint
DISMISSED.
BY THE COURT,
Austin F. Grogan, Esquire // ~x
For the Plaintiffs ~0,~)\ ~
Kelley S. Gillette, Esquire
For the Defendants
:rlm
' ' r Ay 0 8
JUDY FRY and THOMAS FRY, · 1N THE COURT OF COMMON PLEAS
Plaintiffs, ' OF CUMBERLAND COUNTY, PENNSYLVANIA
v. · No. 01-2419 Civil action- Law
BETSY COHICK and CHESTER
COHICK, .
Defendants ' In Custody
ORDER OF COURT
AND NOW, this 7th day of May, 2001, counsel for the Defendants having filed
Preliminary Objections, the presently scheduled Pre-hearing Custody Conciliation Conference,
the Conference scheduled for May 7, 2001 at 1:00 p.m. is continued for three months. Following
resolution of the Preliminary Objections, counsel for the parties will notify the conciliator who
will either re-schedule the conciliation or relinquish jurisdiction of the matter based on this
court's disposition of the Preliminary Objections.
FOR THE COURT,
B
Y onciliator
cc' Austin F. Grogan, Esquire 24 N. 32n~ Street, Camp Hill, PA 170
Kelley S. Gillette, Esquire p. O. Box 49, Lebanon, PA 17042
JUDY and THOMAS FRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiffs .
· CUMBERLAND COUNTY, PENNSYLVANIA
·
·
V. ·
· No. 00-5674 Civil Action - Law
·
·
BETSY COHICK and CHESTER · IN CUSTODY
COHICK
DefendantS. .
·
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows'
NAME D__ATE OF _RIRTH
- CURRENTLY IN CUSTODY OF
Alex Cohick March 2, 1990
1. A Conciliation Conference was scheduled for May 7, 2001. Defense
counsel filed Preliminary Objections but attended the Conference. A telephone
conference was held with both counsel. Defense counsel did not waive Preliminary
Objections. The matter was continued for three months so that counsel could have
depositions, file briefs and have a hearing to address the objections to jurisdiction,
venue and standing. Counsel are to inform the conciliator of the outcome of the
preliminary objections. If the matter remains in Cumberland County, the matter will be
promptly rescheduled. If the matter is dismissed to be m-filed elsewhere, the
conciliator will relinquish jurisdiction.
2. An Order is attached.
Date:
Melissa Peel Greevy
Custody Conciliator