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NICOLE R. DICKINSON,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v.
; NO. db-Ol) ~.. '-1'-17
~
JOSEPH S. DICKINSON,
DEFENDANT
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it is hereby directed that the
parties and their respective counsel appear before, \'\ l.(' hCt:.c J Dr j in cp (5(6
, Esquire, the Conciliator, on the (:~\tl>day of j1\(t/\ ct 2000, at
3dL SOlLtr\ \0J' SiJu.ti ,Cc~n~ll~l1;~OIA ,.. .
f;): fl'J Q..M., at the 4th Flnor, C:lqj1h"r1Hnd ~~v.ania, for a
Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues
in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the
Court, and to enter into a Temporary Order. All children age five or older may also be present at
the Conference. Failure to appear at the Conference may provide grounds for the entry of a
temporary or permanent Order. Notification to the Defendant by the Prothonotary's Office is
waived.
For the Court,
Date of Order: I \2112 \ b6
By:
i.L h,(u.l
ustody Conciliator
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE,
IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
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NICOLE R DICKINSON,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v.
: NO.
JOSEPH S. DICKINSON,
DEFENDANT
: CML ACTION - LAW
: IN CUSTODY
ORDER OF COURT
You, Joseph S. Dickinson, Defendant, have been sued in Court to obtain custody, partial
custody or visitation of the child: Taylor A. B. Dickinson.
You are ordered to appear in person at the Cumberland County Court House, One
Courthouse Square, Carlisle, Pennsylvania, on the day of , 2000, at
o'clock .m.
You are further ordered to bring with you the child: Taylor A.B. Dickinson.
If you fail to appear as provided by this Order or to bring the child, an Order for custody,
partial custody or visitation may be entered against you or the Court may issue a warrant for your
arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
BY THE COURT:
1.
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NICOLE R. DICKINSON,
PLAINTIFF
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
; NO. ;ltrVV - </"17 C4:J .~
JOSEPH S. DICKINSON,
DEFENDANT
: CIVIL ACTION - LAW
: IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Nicole R. Dickinson, residing at 3552 Oscars Road, Brogue, York
County, Pennsylvania 17309
2. The Defendant is Joseph S. Dickinson, residing at 2203 Brigade Road, Enola,
Cumberland County, Pennsylvania 17025.
3. Plaintiff seeks (primary/partial) custody of the following child/children:
NAME
PRESENT RESIDENCE
D.O.B.
Taylor A. B. Dickinson
3552 Oscars Road
Brogue, Pennsylvania
05/17/94
The child was not born out of wedlock.
The child is presently in the custody of Nicole R. Dickinson who resides at 3552 Oscars
Road, Brogue, Pennsylvania
During the past five years, the child has resided with the following persons and at the
following addresses:
NAME
RESIDENCE
DATE
Nicole R. Dickinson (mother) 19804 Tenth Ave. Ct. E
Joseph S. Dickinson (father) Spanaway, Washington
05/94 - 12/94
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NAME
RESIDENCE
DATE
Nicole R. Dickinson 1114 E. Powder Horn Road
Joseph S. Dickinson Mechanicsburg, Pennsylvania
Mr. & Mrs. William Dickinson (paterna! Grandparents)
and their children: Don, Evan
and Courtney
12/94 - 08/96
Nicole R. Dickinson
Joseph S. Dickinson
126 Briarpatch Drive
Carlisle, Pennsylvania
08/96 - 01/97
Shared Custody:
Nicole R. Dickinson
4516B Warrington Avenue
Mechanicsburg, Pennsylvania
01/97 - 08/99
Joseph S. Dickinson
126 Briarpatch Drive
Carlisle, Pennsylvania
01/97 - Unlmown
Joseph S. Dickinson
Mechanicsburg, Pennsylvania
Unlmown - 02/99
Nicole R. Dickinson
Kevin Wishard (Boyfriend)
3552 Oscars Road
Brogue, Pennsylvania
08/99 - Present
Joseph S. Dickinson
Maria Taramelli (Girlfriend)
2203 Brigade Road
Enola, Pennsylvania
02/99 - Unlmown
The mother of the child is Nicole R. Dickinson, currently residing at 3552 Oscars Road, Brogue,
Pennsylvania. She is divorced.
The father of the child is Joseph S. Dickinson, currently residing at 2203 Brigade Road,
Enola, Pennsylvania He is divorced.
4. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently
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resides with the following person/persons:
NAME
RELATIONSIDP
Taylor A. B. Dickinson Son
Kevin Wishard Boyfriend
5. The relationship of Defendant to the child is that off ather. The Defendant currently
resides with the following person/persons:
NAME
Taylor A. B. Dickinson
Maria Taramelli
RELATIONSIDP
Son
Girlfriend
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 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 the
relief requested.
8. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child has been named as parties to this
action.
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WHEREFORE, the Plaintiff, Nicole R. Dickinson, requests the court to grant primary
physical custody of the minor child, Taylor A. B. Dickinson, to her.
JAMES, SMITH, DURKIN & CONNELLY LLP
Date: 1- /q -OD
-
VERIFICATION
I verify that the statements made in this Pleading are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:~r1(1.1 A aJu~ I~ 20W
(Jfu~ J~ OAlAeU1(26Vt
Nicole R. Dickinson, Plaintiff
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NICOLE R. DICKINSON,
Plaintiff
v.
JOSEPH S. DICKINSON,
Defendant
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000447 CIVIL
: CIVIL ACTION - LAW
: IN CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF DAUPHIN
AND NOW, this )It-A- day of (~.//~ ' 2000, personally appeared before
me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire,
who, being duly sworn according to law, deposes and says that a copy of the Complaint in Custody
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was served~li the Defendant, Joseph S. Dickinson, on February 1, 2000 by certified mail number
Z 448 660 653, addressee only, return receipt requested, as evidenced by the return receipt card
attached hereto and made a part hereof.
:;::~e~~SUbr~
day of
Notarial Seal
SlephanJe L ~ Notarv Public
Huminelstown Boro; Dauphfn County
My CommIssIon Expires Sapt 26. 2002
Member. Pennsylvania Association of Notaries
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~:J=--COmplete items 1 and/or 2 for additional services.
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~- . Print your name and address on the reverse of this form so that we can
. Of return this card to you.
J"'j- __e_ Attach this form to the front of the mailpiece, or on the back if space
'" ~ does not permit,
~..,.!=,. Write "Return Receipt Requested" on the mailpiece below the article number, 2. Jv( Restricted Delivery
i .... . The Return Receipt will show to whom the article was delivered and the date ~
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DOMESTIC RETURN RECEIPT
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NICOLE R. DICKINSON, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
. NO. 2000-447 CIVIL
.
.
.
JOSEPH S. DICKINSON, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
NOTICE TO PLEAD
TO: NICOLE R. DICKINSON
You are hereby notified to file a written response to the
enclosed New Matter within twenty (20) days from service hereof
or a judgment may be entered against you.
LAW OFFICES OF CRAIG A. DIEHL
Clotfelter, E
torney I.D. No. 7296
64 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Defendant
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NICOLE R. DICKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-447 CIVIL
JOSEPH S. DICKINSON,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ANSWER WITH NEW MATTER COUNTERCLAIM
AND NOW, comes Defendant, Joseph S. DiCkinson, by and through
his counsel, Law Offices of Craig A. Diehl, and files this Answer
with New Matter Counterclaim as follows:
1. Admitted.
2. Admitted.
3. Admitted in part and denied in part. It is admitted only
that the Plaintiff seeks custody of the named child, that the child
was not born out of wedlock and that the identity, marital status
and residence of the mother and father are as alleged. However, it
is specifically denied by Defendant that the child is presently in
the custody of Plaintiff and that the child's residences,
households and dates thereof as alleged are accurate.
To the
contrary, the child is presently in the custody of Defendant,
Joseph S. Dickinson to the extent that the parties have a truly
shared custody arrangement that has been the status quo for more
than three (3) years.
In further answer hereof the child has
resided with the following persons and at the following addressed
for the past five years:
Date
Name
Address
Plaintiff and Defendant
19804 Tenth Ave. ct. E.
Spanaway, WA
5/94 - 12/94
Plaintiff, Defendant,
Paternal Grandparents
and their children:
Don, Evan and Courtney
1114 E. Powder Horn Road
Mechanicsburg, PA
12/94 - 8/95
Plaintiff and Defendant
126 Briarpatch Drive
Carlisle, PA
8/95 - 1/97
Shared Custodv from 1/97 throuqh the oresent as follows:
Plaintiff 4516 B Warrington Ave. 1/97 - 8/99
Camp Hill, PA
Defendant 126 Briarpatch Drive 1/97 - 4/97
Carlisle, PA
Defendant 4172 Antelope Court 4/97 - 4/98
Mechanicsburg, PA
Plaintiff and 3552 Oscars Road 8/99 - Present
boyfriend Brogue, PA
Defendant and 2203 Brigade Road 4/98 - Present
girlfriend Enola, PA
4. Admitted in part and denied in part. It is admitted that
Plaintiff is the child's mother and that Plaintiff resides with her
boyfriend.
However, Defendant denies any implication in this
paragraph the child resides primarily with Plaintiff and her
boyfriend.
To the contrary, the parties have a truly shared
custody arrangement pursuant to their the terms of their Marital
Settlement Agreement incorporated into their Divorce Decree issued
on September 1, 1998.
5. Admitted.
6. Admitted.
7. Denied. Defendant specifically denies that the permanent
welfare of the child will be served by granting Plaintiff's request
for primary custody. To the contrary, it is in the best interest
and permanent welfare of the child to award Defendant primary
physical custody such that the strong bond that he shares with
Defendant, his father, can be nurtured. In further answer hereof,
the child presently spends fifty (50%) of his time with Defendant,
and any decrease in that amount of time or excluding Defendant from
the child's life would only serve to cause serious damage to the
child's emotional, developmental and spiritual well-being. See
further discussion of child's well-being in paragraph 9, infra.
8. Admitted.
WHEREFORE, Defendant, Joseph S. Dickinson, respectfully
requests that plaintiff's Complaint seeking primary physical
custody of the child, Taylor A.B. Dickinson be denied, and primary
physical custody be awarded to Defendant with partial custody
rights in Plaintiff as agreed upon by the parties.
NEW MATTER COUNTERCLAIM
9. Defendant's responses to paragraphs 1 through 8 of
Plaintiff's Complaint are incorporated herein as if fully set
forth. By way of further Answer and New Matter to Plaintiff's
written request for custody, is hereby averred that it would be in
the best interest and permanent welfare of the child for the Court
to enter an Order granting the parties shared legal custody with
primary physical custody of the child to Defendant and partial
custody to Plaintiff for the following reasons inter alia:
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a. Defendant has been and continues to be the primary
caretaker of the child despite the fact that the parties have
shared custody. More specifically, it was Defendant who potty
trained the child when Plaintiff voluntarily moved to
California for her employer. During the six (6) months that
Plaintiff remained in California, Plaintiff refused a number
of her employer's offers to visit pennsylvania and
consequently, saw the child for only one weekend per month
during that time period. In addition, Defendant has also been
active in the child's school activities, consistently
appearing to participate in same while Plaintiff does not;
b. Defendant is able to provide a stable home environment
for the child where the child has his own bedroom, bathroom,
and family pets to which he is greatly attached. However,
while in Plaintiff's care, the child has slept in the same
bedroom as Plaintiff and her boyfriend, upon information and
belief;
c. The child has a one-half sibling who also resides in
Defendant's household and the child's relationship with his
sibling is critical to the healthy development of both
children;
d. Awarding Defendant primary physical custody would
permit the child to retain the strong ties to the community in
which he. has been raised. More specifically, the child has
been enrolled.in'Defendant's school district, plays on a local
soccer team'and has developed a number of friendships within
Defendant's community such that a change in same may be
devastating to the child; and
e. Defendant has consistently acted in the child's best
interest by taking the child to sessions with psychologists
and/or psychotherapists. More specifically, the parties and
the child have voluntarily been treated by three (3)
professionals on a regular basis. Despite Defendant's
encouragement to continue with each treatment, Plaintiff
refused to return to see the first psychologist, thereby
requiring Defendant to proceed in the child's treatment
without Plaintiff. Plaintiff now also has issues with the
opinions of the second psychologist. The second psychologist
was recommended by the child's pediatrician, Dr. Daly, and was
Plaintiff' s choice for advisement and treatment. Upon meeting
with both parties and the child, said psychologists have
indicated that an award of primary custody as requested by
Plaintiff would not be in the best interest of the child and
the professionals have actually advised against such an
arrangement.
WHEREFORE, Defendant, Joseph S. Dickinson, respectfully
requests that this Honorable Court award the parties shared legal
custody of the child, Taylor A.B. Dickinson, with primary physical
custody to Defendant and partial custody to Plaintiff at times
agreed upon by the parties.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
inda A.
ttorney I.D. No. 729
464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
Attorney for Defendant
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NICOLE R. DICKINSON, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
. NO. 2000-447 CIVIL
.
:
JOSEPH S. DICKINSON, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
VERIFICATION
I, the undersigned, hereby verify that the statements made in
the foregoing document are true and correct to the best of my
knowledge, information and belief.
I understand that the
statements herein are made subject to the penalties of 18 Pa.C.S.
S 4904, relating to unsworn falsification to authorities.
Date: Z.-ll.(~OD
~CKINSON' Defendant
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NICOLE R. DICKINSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2000-447 CIVIL
.
.
JOSEPH S. DICKINSON,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this date, a true
and correct copy of the foregoing document was served upon the
opposing party by way of United states First Class Mail, postage
prepaid, addressed as follows:
John J. Connelly, Jr., Esquire
P.O. Box 650
Hershey, PA 17033
(Counsel for Plaintiff)
Dawn S. Sunday, Esquire
39 W. Main Street
Mechanicsburg, PA 17055
(Custody Conciliator)
LAW OFFICES OF CRAIG A. DIEHL
Date: c:l-/~/o-o
.
By: ~04Ui4mnv J
/Steph nie A. oore, Legal Assistant
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
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NICOLE R. DICKINSON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. : NO. 00-447 CIVIL TERM
.
.
JOSEPH S. DICKINSON, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
ORDER OF CXJURT
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AND I!DIJ, thJ.s (:> day of A ilf ,.. r, .
consideration of the attached Custody ConcHJ.ation
and directed as follows:
, 2000, upon
Report, it is ordered
1. The parties shall submit themselves, their minor Child, and any
other individuals deemed necessary by the evaluator, to a custody
evaluation to be performed by a professional selected by agreement of the
parties and counsel. The purpose of the evaluation shall be to obtain
independent professional recommendations concerning ongoing custody
arrangements which will best serve the interests of the Child. The parties
shall sign all authorizations deemed necessary by the evaluator in order to
obtain additional psychological, medical, educational or other additional
information concerning the Child. The parties shall equally share the cost
of the evaluation.
2. Pending further order of Court or agreement of the parties, the
parties agree to continue equally sharing physical custody of the Child
under their current arrangement.
3. Upon completion of the custody evaluation, and in the event the
parties are not at that time able to reach an agreement as to ongoing
custody arrangments for the Child, counsel for either party may contact the
Conciliator to schedule an additonal CUstody Conciliation Conference.
BY THE COURT,
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cc: John J. Connelly, Jr., Esquire - Counsel for Mother
Linda A. Clotfelter, Esquire - Counsel for Father
-
.
NICOLE R. DICKINSON/ : IN THE COURT OF COMMON PLEAS OF
plaintiff . CUMBERLAND COUNTY / PENNSYLVANIA
.
.
.
vs. . NO. 00-447 CIVIL TERM
.
.
.
JOSEPH S. DICKINSON/ : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
CUSTODY CXJ!iICILIATICfi SUMMARY REPCRr
IN Ae<mDANCE WITH CUMBERLAND COUNTY RIlLE OF CIVIL PROCEDURE
1915.3-8/ the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRElilTLY IN CUSTODY OF
Taylor A. B. Dickinson
May 17/ 1994
Mother/Father
2. A Conciliation Conference was held on March 30/ 2000/ with the
following individuals in attendance: The Mother, Nicole R. Dickinson, with
her counsel/John J. Conne11y, Jr./ Esquire, and the Father/ Joseph S.
Dickinson, with his counse1, Linda A. Clotfelter/ Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date ~
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Custody Conciliator
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NICOLE R. DICKINSON NIK/A NICOLE R.
WISHARD
PLAINTIFF
V.
JOSEPH S. DICKINSON
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-447
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday, August 21, 2001
, upon consideration ofthe attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, September 18, 2001 at 11:00 A.M
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order,
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Melissa P. Greevy. Esq. f;tJ
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 TOYOURATIORNEY AT ONCE, IF YOU DO NOT
HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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NICOLE R. DICKINSON, now known as
NICOLE R. WISHARD,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v.
: NO. 00-447 CIVIL TERM
JOSEPH S. DICKINSON,
DefendantJRespondent
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it is hereby directed that the
parties and their respective counsel appear before,
, Esquire, the ConciHator, on the _ day of 2001, at
_.M., at
, Pennsylvania,
for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the
issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by
the Court, and to enter into a Temporary Order. All children age five or older may also be present
at the Conference. Failure to appear at the Conference may provide grounds for the entry of a
temporary or permanent Order. Notification to the Defendant by the Prothonotary's Office is
waived.
For the Court,
Date of Order:
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE,
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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NICOLE R. DICKINSON, now known as
NICOLE R. WISHARD,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
l'
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\
v.
: NO. 00-447 CIVIL TERM
JOSEPH S. DICKINSON,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
PETITION TO MODIFY EXISTING CUSTODY ORDER
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.
AND COMES NOW, Petitioner, Nicole R. Wishard, by and through her attorneys, James,
J:
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,
1. Your Petitioner is Nicole R. Wishard, who currently resides at 3552 Oscars Road,
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Smith, Durkin & Connelly, LLP by John J. Connelly, Jr., Esquire, and files the following Petition
to Modify Existing Custody Order and in support thereof, respectfully represents as follows:
Brogue, York County, Pennsylvania 17309
2. The Defendant is Joseph S. Dickinson, whose last known address is 2203 Brigade
Road, Enola, Cumberland County, Pennsylvania 17025.
3. The parties are the parents of one minor child: Taylor A. B. Dickinson, date of birth
May 17, 1994.
4. On April 13, 2000, an Order of Court in the above-captioned action. A copy of the
Order is attached hereto and marked Exhibit "A".
5. The parties equally share physical custody ofthe minor child on an alternating week
schedule.
6. It is the Petitioner's plan to leave her employment in order to be available as
primary caretaker for the minor child.
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7 . Your Petitioner believes that it is in the best interest of the minor child for her to
have primary physical custody of the minor child because she is in a position to act as a full time,
stay at home parent.
WHEREFORE, your Petitioner, Nicole R. Wishard, requests that the Court modify the
Order of Court dated April 13, 2000, granting her primary physical custody of the minor child,
Taylor A. B. Dickinson, during the school year.
Respectfully submitted,
JAMES, SMITH, DURKIN & CONNELLY LLP
Date: ff-jL/-O/
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VERIFICATION
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I verify that the statements made in this Pleading are true and correct. I understand that
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false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date, ~./~) 1.rnt
~l~il_LQ.~(n:l
icole R. Wishard, Petitioner
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EXHIBIT "A"
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NICOLE R. DICKINSON, . IN THE. COURT OF COMMON. PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : NO. 00-447 CIVIL TERM
:
JOSEPH S. DICKINSON, : CIVIL AcrION - LAW
Defendant : IN CUSTODY
OODER OF OOORT
. AND NCM, this 13+1-) day of ~),'J
consideration of the attached euistody Cone ation
and directed as follows:
, 2000, upon
Report, it is ordered
1. The parties shall submit themselves, their minor Child, and any
other individuals deemed neces$ary by the evaluator, to a custody
evaluation to be performed by a professional selected by agreement of the
parties and counsel. The p~je of the evaluation shall be to obtain
independent professional rec ,endations concerning ongoing custody
arrangements which will best serve! the interests of the Child. The parties
shall sign all authorizations deem~d necessary by the evaluator in order to
obtain additional psychological, medical, educational or other additional
information concerning the Child. 'The parties shall equally share the cost
of the evaluation.
2. Pending further Order of Court or agreement of the parties, the
parties agree to continue equally sharing physical custody of the Child
under their current arrangement.
3. Upon completion of the custody evaluation: arid in the event the
parties are not at that time able to reach an agreement as to ongoing
custody arrangments for the Child, ,counsel for either party may contact the
Conciliator to schedule an additonal Custody Conciliation Conference.
'"''''OM i:!ECQRD
TllUl= COFY 1",,' ".,~. hand
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In Testimony whe~eor, ' arlisle Pa.
and t~~,7;;t,s:dt~rt at . -,'., .. (1~t-d
othof.\otary ~
BY THE COURT,
cc: John J. Connelly, Jr., Esquire - Counsel for Mother
Linda A. Clotfelter, Esquire.., Counsel for Father
- _I
NICOLE R. DICKINSON, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 00-447 CIVIL TERM
.
.
JOSEPH S. DICKINSON, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
CUSTODY CCtiCILIATIClII SUMMARY REPCilT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the u.~dersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Taylor A. B. Dickinson
May 17, 1994
Mother/Father
2. A Conciliation Conference was held on March 30, 2000, with the
following individuals in attendance: The Mother, Nicole R. Dickinson, with
her counsel, John J. Connelly, Jr., Esquire, and the Father, Joseph S.
Dickinson, with his counsel, Linda A. Clotfelter, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date ~
,1' .J..oDt')
,
o:~
CUstody Conciliator
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NICOLE R. DICKINSON, now known as
NICOLE R. WISHARD,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v.
: NO. 00-447 CIVIL TERM
JOSEPH S. DICKINSON,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, LLP attorney for the
Petitioner, Nicole R. Wishard, hereby certify that I have served a copy of the foregoing Petition to
Modify Existing Custody Order on the following on the date and in the manner indicated below:
U.S MAIL. FIRST CLASS. PRE-PAID
Linda A. Clotfelter, Esquire
3464 Trindle Road
Camp Hill, PA 17011
JAMES, SMITH, DURKIN & CONNELLY LLP
DATE: g--jJ..}....OJ
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NICOLE R. DICKINSON N/KJA NICOLE R.
WISHARD
PLAINTIFF
V.
JOSEPH S. DICKINSON
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-447
CIVIL ACTION LAW
IN CUSTODY
AMENDED ORDER OF COUR
AND NOW,
1l1ursday,August30,2001
, the Original Order of Court is amended as follows,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, September12, 2001 at 1:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: Isl
Dawn S. Sunday. Esq.60
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
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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NICOLE R. DICKINSON N/K/ A
NICOLE R. WISHARD, Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-447
CNIL ACTION LAW
JOSEPH S. DICKINSON,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this '2 --? d- day of fJ ('J v f2 -., lov- , 2001,
upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1, The parties shall submit themselves and their minor Child to an updated custody evaluation
to be performed by Arnold Shienvold, PhD. The purpose of the evaluation shall be to obtain
independent professional recommendations concerning ongoing custody arrangements which will best
serve the interests of the Child in light of recent developments. The parties shall sign all authorizations
deemed necessary by Dr. Shienvold in order to obtain additional information pertaining to the parties
or the Child.
2, Within 60 days of receipt of Dr. Shienvold's written recommendations, counsel for either
party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if
necessary.
BY THE COURT,
cc: John J. Connelly, Jr., Esquire - Counsel for Mother
Linda A. Clotfelter, Esquire - Counsel for Father ~ ~
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NICOLE R. WISHARD, Plaintiff
INTHE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANlA
vs.
00-447
CIVIL ACTION LAW
JOSEPH S. DICKINSON,
Defendant
IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Taylor A. B. Dickinson
May 17, 1994
MotherlFather
2. A Conciliation Conference was held on October 23, 2001, with the following individuals in
attendance: The Mother, Nicole R. Wishard (formerly Dickinson), with her counsel, John J. Connelly,
Jr., Esquire, and the Father, Joseph S. Dickinson, with his counsel, Linda A. Clotfelter, Esquire.
Date
3. The parties agreed to entry of an Order in the form as attached.
~i
Dawn S. Sunday, Esquire 9f:J
Custody Conciliator
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NICOLE R. DICKINSON,
NIKIANICOLER. WISHARD,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 00-447 CIVIL TERM
JOSEPH S. DICKINSON,
DEFENDANT
: CIVIL ACTION - LAW
: IN CUSTODY
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
Please withdraw my appearance on behalf of the Defendant, Joseph S. Dickinson,
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Dated: ~/,)..7 /0-;'
.
. da A. Clotfelter, Esquire
ALD. # 7-1- 'l {,_~
3464 Trindle Road
CampHi1lPA 17011-4436
(717) 763-7613
PRAECIPE FOR ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendant, Joseph S. Dickinson.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: b;Q';/o~
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Susan Kay C
PAI.D.#6 98
5021 East .
Suite 100
Mechanicsburg P A 17050
(717) 796-1930
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NICOLE R. DICKINSON N/K/A,
NICOLE R. WISHARD, Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-447
CNIL ACTION LAW
JOSEPH S. DICKINSON,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this \'2.t\ day of ~t'et ....Lt"r , 2002,
upon consideration ofthe attached Custody Conciliation Report, it is 0 dered and directed as follows:
1. AUprior Custody Orders of this Court are vacated and replaced with this Order.
2. The parties shall obtain an updated school psychiatric evaluation of the Child to be
performed by a professional selected by agreement of the parties. The Mother shall be responsible to
pay all costs of the evaluation. Each party shall cooperate in ensuring that the Child attends any
evaluation sessions schednled during his or her periods of custody.
3. The Mother, Nicole R. Wishard, and the Father, Joseph S. Dickinson, shall have shared
legal custody of Taylor Dickinson, born May 17,1994. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding his health, education
and religion. Both parties shall have equal access to all records pertaining to the Child, including
medical and school records.
4. Pending further Order of Court or agreement of the parties, the parties shall share having
physical custody of the Child on an alternating weekly basis, with the exchange to take place on
Mondays at school. In the event the Child does not have school on a Monday, the parties shall
exchange custody at a time arranged by agreement.
5. The parties shall share having custody of the Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall
nm from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment
B, which shall nm from Christmas Day at 12:00 noon through December 26 at 12:00 noon.
In 2002, the Father shall select either Segment A or B as his period of holiday custody and
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the Mother shall have custody during the other segment. The parties shall alternate having
custody during Segments A and B of the Christmas holiday on an ongoing basis thereafter.
B. THANKSGIVING: The Thanksgiving holiday period of custody shall run from after
school on the Wednesday before Thanksgiving through Friday at 6:00 p.m. The Mother
shall have custody of the Child over Thanksgiving in even numbered years and the Father
shall have custody in odd numbered years.
C. NEW YEARS: The New Years holiday shall run from New Years Eve at 12:00 noon
through the beginning of school after the holiday. For purposes of this provision, the entire
New Years holiday shall be deemed to fall in the same year as New Years Eve. The Father
shall have custody of the Child for the New Years holiday in even numbered years and the
Mother shall have custody in odd numbered years,
D. EASTER: The Easter period of holiday custody shall run from the Saturday before
Easter at 6:00 p.m.: through the beginning of school after the holiday. The Father shall have
custody of the Child over the Easter holiday in even numbered years and the Mother shall
have custody in odd numbered years.
E. MEMORIAL DAY: The Memorial Day holiday shall run from the Sunday before the
holidayiat6:00 p.m. through the beginning of school after the holiday. The Mother shall
have custody of the Child over the Memorial Day holiday in even numbered years and the
Father shall have custody in odd numbered years.
F. JULY 4TH: The Independence Day holiday shall run from July 4th at 9:00 a.m. through
July sth at 6:00 p.m. The Father shall have custody of the Child over the Independence Day
holiday in even numbered years and the Mother shall have custody in odd numbered years.
G. LABOR DAY: The Labor Day holiday shall run from 6:00 p.m, on the Sunday before
the holiday through the beginning of school after the holiday. The Mother shall have
custody of the Child over the Labor Day holiday in even numbered years and the Father
shall have custody in odd numbered years.
H. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of
the Child over the Mother's Day weekend from Saturday at 6:00 p.m. through the next
school day and the Father shall have custody of the Child over the Father's Day weekend
from Saturday at 6:00 p.m. through Monday at 9:00 a.m.
1. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
6. Within 60 days of receipt of the results of the school psychiatric evaluation, counsel for
either party may contact the Conciliator to schednle an additional Custody Conciliation Conference if
necessary at that time.
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7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
1.
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cc: John J. Connelly, Jr., Esquire - Connsel for Mother -
Susan K. Candiello, Esquire - Counsel for Father .~ ~
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NICOLE R. DICKINSON N/K/A
NICOLE R. WISHARD, Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-447
CNIL ACTION LAW
JOSEPH S. DICKINSON,
Defendant
IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Taylor Dickinson
May 17, 1994
Mother/Father
2. A Conciliation Conference was held on September 3, 2002, with the following individuals
in attendance: The Mother, Nicole R. Wishard, formerly Dickinson, with her counsel, John J.
Connelly, Jr., and the Father, Joseph Dickinson, with his counsel, Susan K. Candiello, Esquire.
Date
3. The parties agreed to entry of an Order in the form as attached.
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Dawn S. Sunday, Esqwre
Custody Conciliator
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Theresa Barrett Male
Supreme Court # 46439
513 North Second Street
Harrisburg, PA 17101
(717) 233-3220
Counsel for Defendant
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NICOLE R. WISHARD (formerly Dickinson)
Plaintiff
v.
NO. 00-447 Civil Term
JOSEPH S. DICKINSON
Defendant
CIVIL ACTION - CUSTODY
PRAECIPE
TO THE PROTHONOTARY
Please withdraw the appearance of Susan Kay Candiello, Esquire and enter the
appearance ofTheresa Barrett Male, Esquire on behalf of Defendant.
Date: December
-5
,2003
Date: December
.3
,2003
Theresa Barrett Male, Esquire
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