Loading...
HomeMy WebLinkAbout98-00673 V. (j COPY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 98'()673 Susan K. Fritchman-Pickford Plaintiff/Respondent Scott D. Pickford, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY DEFENDANT'S PRETRIAL MEMORANDUM NOW COMES, Defendant, Scott D Pickford, by and through his attorneys, James A Miller, Esquire and Miller Lipsitt LLC and respectfully sets forth the following: I. FATHER'S POSITION: Scott D Pickford ("Father") seeks to establish joint legal and physical custody of the minor children namely, William and McKenzie, with his ex- wife, Susan K Fritchman-Pickford, Esquire ("Mother"), Father's position is simply that he wants to share legal custody of the children with Mother while Mother arduously fights against such. The current custody order premised upon a 2001 stipulation between the parties provides that Mother enjoys sole legal custody for a period of four (4) years without interruption. The four (4) year period has expired and Father has petitioned your Honorable Court seeking his legal custody rights, II, FATHER'S WITNESS: Scott D Pickford on direct and Susan K Fritchman Pickford on cross, Father reserves the right to supplement this list as it relates to rebuttle witnesses depending upon newly discovered information, i , \, f I t ' I, .~ . .- RECEIVED AUG 01 7005 ~ ';}- SUSAN K. FRITCHMAN-PICKFORD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-0673 CIVil TERM CIVIL ACTION - LAW IN CUSTODY Plalnliff v. SCOTT D. PICKFORD, Defendant OLER, J. --- ORDER OF COURT AND NOW, this ~11 day of August, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. A hearing is scheduled intfourtroom Number 1.. of the Cumberland County Courthouse, on the Ml.L day of u~ , 2005, at 1\'.00 o'clock ../L.M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Susan K. Fritchman-Pickford, shall be deemed to be the moving party t;lnd shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum selling forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. ~- / BY TH~URT: Ofst: ~bara Sumple-Sullivan, Esquire. 549 Bridge Street, New Cumberland, PA 17070 .Jlimes A, Miller, Esquire. 2157 Market Street. Camp Hili, PA 17011 ~ ~dJ 0"6,0 ) .\ , I I ! iJ " ],; i('.' I' I ,-.f' ., '. .~ SUSAN K. FRITCHMAN-PICKFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-0673 CIVil TERM CIVil ACTION - LAW IN CUSTODY v. SCOTT D. PICKFORD, Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF MacKenzie Pickford William Pickford December 18, 1995 Mother May 3, 1993 Mother 2. Father filed a Petition to Modify the May 7, 2001 Stipulation of the parties on June 1, 2005. A Custody Conciliation Conference was held on July 25, 2005 with the following individuals in attendance: the Mother, Susan K. Fritchman-Pickford, and her counsel, Barbara Sumple-Sullivan, Esquire; the Father, Scott D. Pickford, and his counsel, James A. Miller, Esquire. 3. Father's position on custodv is as follows: Father wants to have shared legal custody of the children. The parties' present Stipulation and Order of May 7, 2001 provided a four year plan for the children which is apparently subject to review at the conclusion of the four years. Based on the expiration of the four year period, Father now desires to have the Court enter an Order granting him shared legal custody of the children. Apparently, during the intervening years since the entry of the Order, the parties have been participating in a mediation/arbitration dispute resolution process with Dr. Arnold T. Sheinvold. Though the parties have had a lengthy history of litigation surrounding the children, this process has apparently borne some success in keeping the parties out of Court. It is Father's perception that the Mother Is overprotective of the children. 4. Mother's position on custodv is as follows: Mother reports that the process the parties have used with Dr. Sheinvold has been successful in resolving a number of issues. However, she remains concerned about Father's judgment with regard to safety and welfare issues. The parties have apparently discussed such issues as riding an ATV, the son's use of a pocket knife, discipline, and the introduction of Father's newest girlfriend. Because of . - NO. 98-0673 CIVIL TERM Mother's ongoing concerns with regard to Father's Judgment, she is reluctant to agree to change the present circumstances with regard to legal custody. In particular, she Is concerned that If the parties are sharing legal custody and In disagreement that they may not be promptly able to access dispute resolution services as quickly as might be needed for a particular Issue. :255655 Barbara Swnple.Sullivan, E'quire Supreme Court #32317 549 Bridge Slree! New Cumberland, P^ 17070 SUSAN K. FPJTCHMAN-PICKFORD, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION : IN CUSTODY v. SCOTT D. PICKFORD, Defendant : DOCKET NO. 98-0673 PLAINTIFF'S CUSTODY MEMORANDUM STATEMENT OF mSTORY OF THE CASE: The parties are the natural parents of two (2) minor children: William Scott Pickford, (born May 3, 1993) and Mackenzie Reed Pickford (born December 18, 1995). The parties were married September 26, 1992 and divorced May 23,2001. On June I, 2005, Father filed a Petition to Modify the Custody Agreement dated May 7,2001. Father's petition is requesting a review of the current Agreement and Order and a new order providing for shared legal custody of the children to him. After many months of contentious disputes over Father's actions relating to child rearing and decision making, which actions Mother found inappropriate and a risk to the health and safety to the children, the parties, by agreement, fashioned a stipulation which provided Mother with sole legal custody. The May 7, 2001 Order provided that Mother shall have sole legal custody and primary physical custody of the children for a period of four (4) ycars. During thc four (4) ycars, Father was still grantcd acccss to thc children's medical, dcntal, hospital and school rccords, (a right which Father has rarcly, if ever exercised). Fathcr was ablc to schcdule and attend any cxtra-curricular activities for the children during his custodial periods. In accordance with this agreement, Mother is to keep Father updated on all health treatments, extraordinary health occurren\~es and non- routine decisions regarding the children. The stipulation and order also established Dr. Shienvold as a mediator and, if necessary, arbiter of areas of disagreement on legal custody issues as might arise between the parties. The agreement allows for a review of the matter in four (4) years from thc date of the agreement. The agreement further spelled out in detail the physical custodial schcdule, which schedule is not presently disputed to Plaintiff's knowledge. MOTHER'S POSITION CONCERNING CUSTODY: Mother asks that the court confmn the status quo of her sole legal custody. The mechanisms crafted in the current order have allowed for somewhat harmonious parenting between the parties and has avoided the children being exposed to safety or health issues and excessive discord between the parties. Prior to the order, Father was failing to communicate on such important issues with Mother and taking actions which were contrary to the course of treatment requested by treating physicians or Mother. In particular, the parties' son, William, who has various medical and psychological needs, 2 2. Scott D. Pickford 117 N. 20th Strcct Camp Hill, PA As of Cross. 3. Jessica Hart New Passages 3235 North Third Street Harrisburg, PA 17110 The children's counselor to testify as to the status of the children, her fmdings, operation of Mother as sole legal custodian and involvement of Father. Dated: October .J...:d., 2005 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff 4 . ,.~ Barbara Swnple.Sullivan, Esquire Supreme Court #32317 S49 Bridge Slrec! New Cumberland, P ^ 17070 SUSAN K. FRITCHMAN-PICKFORD, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : IN CUSTODY v. SCOTT D. PICKFORD, Defendant : DOCKET NO. 98-0673 I, BARBARA SUMPLE-SULLlV AN, ESQUIRE, do hereby certifY that on this date, I matter upon the following individual via regular mail, addressed as follows: James A. Miller, Esquire 2157 Market Street Camp Hill, PA 17011 CERTJFICATE OF SERVICE hand delivered a true and correct copy of the Plaintiff's Memorandum, in the above-captioned DATE: October 112005 ;,/ v~ { B a Sumple-Sullivan, Esquire . 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 Attorney for Plaintiff ., SCOTT D. PICKFORD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 98-0673 CIVIL TERM SUSAN K. FRITCHMAN-PICKFORD, DEFENDANT CUSTODY n ,~ ... C ..l ." '- ~,. : . ~, fl" I ",'1 / , ., ., '.J __J ~: .-1 , . :") ~:. . I " . ) . 11 J' , -' - , , :JJ :::2 -:,; NOTICE TO RESPOND You are hereby notified to file a written response to the enclosed Reply and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ~b~../ Thomas D. Gould Attorney for Defendant I.D. II 36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 '". . t",' ~ I'l, ~11 \ ' ,J\ M, , ' 1 III~; ~ I~'~ ~ ?: 110.. C i l(~1 ~ ~ ~' I~ 00 i\ '1,1 \..} . It "i..,~O~ 01'''';'0 ~ ... VI ~ ,- ... . 0......0 "'::'C:JN .. .-..0 r- , .' .' ~"'." . . ';.,; , '.. -t ,: I.'''' t..... ",; <'\' -! .... ,t ~ ~, '. I .,o\%l::,''''" . ~~4 ..' .). , .... -.... OlO "Olr-- ...,....... ...J- ...Jcnc:( ;l::-a. ._~ f/) ,--.. :3'~J: ... r-- c. Q) Il'l E .- ro :::::ENU .;\ '. . ~ ~\\f.t '..' ., i '; j j , t l'A. ,,:..l._~-, -.. ~ :,j; ~ I: ~R '" Vi;;; a.. tic.; .::::i ~F.f _:t a.: "-;c" :! :n E :e ;;il ~ , i~ ~ . I .," l' I i , I f t.. f:~; I !i' , .~ F, t' ,~.,..' " . -".~" , ,""_".f'""'~"""~" , I ~~-.~ ,...-," ", 1'- ..-...-.....,. SCOTT D. PICKFORD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98 - 0673 CIVIL TERM SUSAN K. PICKFORD, Defendant CIVIL ACTION - LAW CUSTODY ACTION DEFENDANT'S REPLY TO PLAINTIFF'S PETITION TO ENFORCE TERMS OF FEBRUARY 8, 1999, CUSTODY ORDER & PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF FEBRUARY 8, 1999, CUSTODY ORDER Thomas D. Gould and files this reply to Plaintiff's Petition, AND NOW comes the Defendant, by and through her attorney, 1, Admi t ted tha t this honorable court issued an order on February 8, 1999, It is admitted that a copy of that order is attached as exhibit A. It is denied that the Order aCknowledges that all the terms of a custody agreement had been reached. Rather the Order states that "the parties have reached an agreement in , \ I i I , )' ), '('. this matter, and the general terms of the agreement haVing been dictated for the record in court, and counsel having indicated that they will be submitting a specific order for the court's Signature, the record is declared closed, and the matter is taken under advisement." By way of further answer, within days of this Court's February 8, 1999 Order, Defendant's counsel forwarded a Custody Agreement, consistent with the stipulated terms, to Plaintiff's counsel for approval. Copy of proposed Custody Agreement is attached as exhibit A, Plaintiff's did not respond to Defendant's '". proposal, but rather created his own which included numerous terms and conditions inconsistent with the terms made of record before this court. A copy of Defendant's Custody Stipulation is attached as exhibit B. 2 . Admi tted. 3. Admitted that Exhibit C is the Memorandum of Understanding prepared by Dr. Shienvold. Denied that it was fully incorporated as the basis of the custody agreement dictated on February 8, 1999, Rather it was agreed that the custody schedule outlined in Dr. Shienvold's memorandum was to be substituted by the new terms outlined and agreed to by the parties on February 8, 1999. The general terms of that modification were presented to the court, with the parties to execute a comprehensive agreement in the near future, As stated in answer to paragraph I, defendant submitted a proposal with the custody schedule terms to plaintiff which has not been accepted. 4, Admitted. By way of further answer defendant counsel's March 8, 1998 letter was preceded by a February 18, 1998 letter w/proposed agreement and March 5, 1999 letter which led to the March 8, 1999 letter, Copies of February 18 and March 5 letters are attached as exhibit C, 5. Admitted. 6. Admitted. 7. Admitted, -..,.., . 8. Admitted that defendant believed that terms of an agreement were reached on rebruary 8, 1999. It is denied that the terms were made an order of court. It is admi t ted that the transcript and the order of court speak for themselves. 9. It is denied that plaintiff completed four consecutive Saturday ~vernights. Rather plaintiff's weeks were interrupted due to his travel out of the area, By way of further answer, Mackenzie, the parties' three year old daughter, experienced extreme emotional difficulty and physically and verbally expressed a desire to not go with her father, Defendant requested the professional intervention of a licensed child psychologist to assist the children in the transition. This professional intervention was part and parcel to the terms of the custody agreement set forth on rebruary 8, 1999. 10. Denied that defendant has unilaterally denied plaintiff his custodial rights. Rather, defendant has consistently offered opportunities for plaintiff to spend quality time with his children. Admitted that due to Mackenzie's emotional reactions and insecurity, and upon advice of the children's psychologist, defendant has not forced Mackenzie to spend both rriday and Saturday overnights with plaintiff, however Mackenzie does spend each rriday and Saturday evening with plaintiff. By way of further answer, on one occasion when plaintiff agreed not to take Mackenzie for an overnight, due to her highly emotional state, defendant comforted her and personally took her to plaintiff's house. , I j I," !".,. ,.. '.\';.- ,~:;; :11,; , i ..~ f .,- If:)' Iii \~ ) ~ .k!~ 'l"'.,',..~'~ Fl., , n ~ . 1 ~ .~ I( 11. Denied that defendant has unilaterally determined to revert to some other schedule. Rather, the terms of the transition custody schedule agreed to on February 8, 1999 was developed to " .~ I t, ! permit the children to obtain a comfort level consistent with their emotional stability. On advice of the children's psychologist, and discussions with plaintiff, defendant has not forced Mackenzie to \ I'" I I, I t.. fi' r1 I' spend Friday and Saturday overnights with plaintiff. Mackenzie has spent Friday and Saturday evenings and all day Sunday every weekend wi th plaintiff. Mackenzie has requested that her overnights be limi ted. Plaintiff has called defendant for her to come to his home and take Mackenzie prior to her going to sleep. 12, Admitted that the children are now being seen by a ) !) i 11 I I Ii I, ! 1\ It I { , , . l' '\ ,f It.',;,.," \' ,.', .~; licensed psychologist whose primary practice involves children. Denied that plaintiff's efforts were reasonable in initiating the counseling. 13. Admitted. By way of further answer, nothing in the record denies the defendant the right to act in the children's best interest. Nor does the record permit plaintiff to arbitrarily move forward with a transitional custody schAdule to the detriment of his children. 14. Admitted. 15, Admitted that the terms, as modified by the parties, of Dr. Shienvold's memorandum are currently valid. 16, Admitted. ,f ':~~ ( ~:':" \... '."i 17. Denied that defendant's counsel represented that plaintiff would have "his" entire weekend on March 12, 1999. Rather, due to concern for the children, the parties had never implemented paragraph 2 of Dr. Shienvold's memorandum. It was plaintiff who unilaterally attempted to dictate to defendant that she force the children to spend the entire weekend, including two overnights, with plaintiff. 18. Denied that defendant's vocation has any relevance to this matter and defendant moves to strike this allegation. If the allegation is not struck, defendant admits that she has an inactive license to practice law in Pennsylvania and California. By way of further answer, it is admitted that defendant has not earned a living practicing law in more than five years. J ,\ , ! 19, Denied that defendant has "engaged in knowing and wilful warfare" or in any other way deemed herself to be the ultimate authority of her children, Rather, she has always been willing to abide by the advice of professionals working on behalf of the I children. Rather it has been the plaintiff who has conducted himself in a manner inconsistent with the best interests of the children, Defendant has not violated the February 8, 1999 Order of Court, 20. Denied. The parties did agree on February 8, 1999 to involve a licensed professional in the custody transition and to seek the advice of that professional. A copy of the Consultation ., (, Report of Nicolee 1>1. Hiltz, Ph. D. is attached as exhibit D. Admitted that a specific term to that effect was not dictated to the court or included in the Order of Court, however, it was included in the February 8, 1999 discussions and the Custody Stipulation prepared by defendant. It is denied that defendant has intentionally manipulated terms of a custody agreement. Rather as evidenced by plaintiff's proposed custody stipulation, it is the plaintiff who has attempted to modify the terms agreed to on February 8, 1999, 21. Admitted. By way of further answer, the participation in counseling would have no purpose if the parties were not to heed the advice of the professional. The best interest of the children is the concern, not the adherence to a rigid schedule regardless of the effect upon the children, 22, Admitted that the children are in counseling with Jessica Hart. It is denied that defendant is denying plaintiff his custodial rights, 23. Denied that defendant is in contempt of the February 8, 1999 Order of Court, It i.s denied that defendant has violated the terms of the February 8, 1999 Order of Court. It is denied that plaintiff is being denied ample healthy time with his children, 24. Admitted that plaintiff is entitled to custodial periods of time with the children consistent with their best interest. It is suggested that the parties follow the advice of the children's pSYChOlogist, Jessica Hart. 25. Denied that plaintiff has ever participated in any clearly defined periods of partial custody. However, based on professional recommendations, defendant believes that the children would benefit from regularly scheduled periods of partial custody with plaintiff so that he may attempt to provide his children with a loving, caring and nurturing relationship, WHEREFORE, plaintiff's petition should be dismissed and plaintiff should be ordered to reimburse defendant for costs and fees, including attorney fees associated in defending this frivolous action. NEW MATTER 26, Paragraphs 1-25 of the complaint and answer are hereby incorporated as if set forth in length. 27. Plaintiff has not been denied partial custody of his children. 28. Plaintiff has had partial custody of his children every weekend since January 1998. 29. Defendant has consistently encouraged plaintiff to spend additional time with his children, 30. Plaintiff has on a number of occasions returned the children earlier than the scheduled time due to his inability to properly care for the children's needs, '". SCOTT D. PICKFORD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERIJUlO COUNTY, PENNSYLVANIA V. No. 98-0673 CIVIL TERM SUSAN K. FRITCHMAN-PICKFORD, DEFENDANT CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~6~ day of April 1999, I, Thomas D. Gould, Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Defendant's Reply by depositing a copy of it in the United States mail, postage prepaid, addressed to: James A. Miller, Esquire 513 N, Second Street Suite 100 Harrisburg, PA 17101 DATED Ap,d :l G/ /999 ~D.~ Thomas D, Gould, Esquire ID 11 36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 3. Father shall enjoy periods of partial custody every Tuesday and Friday from 5:00 p.m. until 7:30 p.m., 4. FOllowing the transition period set forth below Father shall also enjoy partial custody of the children on alternating weekends from Friday at 5:00 p.m. until Sunday at 7:30 p.m, a. Both children every Saturday from 5: 00 p. m. until Sunday at 6:00 p.m" in town, for four (4) consecutive weeks. b, Upon completion of a, both children from Friday at 5:00 p,m, through Sunday until 12:00 noon, in town, for four (4) consecutive weeks. c. Upon completion of a & b, both children out of town for an overnight from Saturday 10:00 a,m. until Sunday at 6:00 p.m. d. Upon completion of a, b & c, both children out of town, within Pennsylvania, from Friday at 5:00 p.m, until Sunday at 6:00 p.m, e. Upon completion of a, b, c & d, both children for a week long vacation within the local area, allowing for telephone contact with Mother one evening, or at the request of the children. The week would begin on Friday at 5:00 p.m, and end on the following Friday at 5:00 p,m. Father shall use one of his four (4) weeks of vacation from his employer during this vacation with his children. f. At other times as mutually agreed. 2 /, I, I; I' , I ill I j I' , ~ 1\ I ~, . I) I ,,: , \, " :! . '. t t' I, '"' g. During this transition period, and continuing if necessary, Mother and .ather agree to participate regularly in counseling with a licensed psychologist or psychiatrist whose primary practice involves children issues. It is the intent that this professional shall be an advocate for the children and work with the parents to reduce the stress on the children. The professional shall be chosen by .ather. The cost of the counseling shall be shared equally by the parents, 5. During and after the transition period, the following holiday schedule shall be in effect: a. Mother's Day and .ather's Day, The children shall be with the respective parent from Sunday at 9:00 a.m. until Sunday at 7:30 p.m, b, Memorial Day, The children shall spend from 9:00 a,m, until 7:30 p.m. with .ather in even years and Mother in odd years. c. Labor Day, The children shall spend from 9:00 a.m. until 7:30 p.m. with Mother in even years and .ather in odd years. d, Christmas. The Christmas holiday shall be divided into two segments. Segment A shall be from Christmas Eve until 3:00 p,m. Christmas day, Segment B shall be from 3:00 p.m. Christmas day until 10:00 a,m. December 26, Mother shall have segment A in odd years and segment B in even years. .ather shall have segment A in even years and segment B in odd years. 3 e. New Year Day. The children shall spend this holiday with their Mother. However, if the holiday falls on one of Father's regularly scheduled partial custody days, Father shall be given an alternate time to make up for his lost time, f, Easter. This holiday shall be divided into two (2) segments. Segment A shall be from 6:00 p.m. on Saturday evening until noon on Easter day. Segment B shall be from noon to 6:00 p.m. on Easter day. Mother shall have segment A in odd years and segment B in even years. Father shall have segment A in even years and segment B in odd years. g. Thanksgi ving, The children shall be with their mother every Thanksgiving Day until Friday morning. Father shall be allowed a two and one-half (2 ~ ) hour visit, from 5:00 p.m. until 7:30 p.m. on Thanksgiving, The children shall be with their Father from Friday morning until Sunday at 6:00 p,m. h. Halloween. The parents agree to alternate who shall take the children to the Halloween parades and who shall take the children trick or treating. In odd years, Father shall take the children trick or treating and Mother shall take the children to parades. In even years, Mother shall take the children trick or treating and Father shall take the children to parades. 4 i. Fourth of July. In odd years the children shall be with their Mother from 9:00 a.m. until 10:00 a,m. on July 5. In even years the children shall be with their Father from 9:00 a.m. until 10:00 a.m. on July 5, j. Children's birthdays. If a child's birthday fails on a weekday, the non-custodial parent shall be allowed a visit with the child from 5:00 p,m. until 7:30 p.m.. If the birthday is on a weekend day, a three (3) hour visit will be allowed. 6. Mother, and Father following the transition period, shall be entitled to up to fourteen (14) days of vacation with the children, not to be taken in greater than seven (7) day blocks of time. The intention to utilize the vacation time shall be made known to the other parent at least 30 days in advance. In addition, the vacationing parent shall provide as complete an itinerary as possible to the other parent, The itinerary shall include phone numbers where the children will be staying, as well as emergency numbers. Both parents agree to make the children available for telephone contact with the non-vacationing parent at least two (2) times during any given vacation period. 7, Both parents have safety concerns about the children being in and around water. Until each of the children have been able to consistently perform the skills set forth in appendix A to a competency approved by a swimming instructor or aquatics director of the YMCA in Camp Hill, Father agrees not to take the children to 5 a body of water, including lakes, rivers or private pools with the intent to go into the water unless it is at a public supervised pool (NEVER TO THE OCEAN) and the restrictions set forth below are met. At no time will Father allow the children to go into a body of water, other than a supervised public swimming pool, until they have met the restrictions set forth in appendix A. Both parents shall equally share the expenses and are encouraged to participate in the swimming classes at the YMCA, a. The children must wear a Personal Floatation Device (PFD) at all times. b. Father must be in the water with the child and remain no more than five (5) feet away from the child, c. If father has both children at the site of the water, he must have another responsible adult present and at no time may a child be in or near the water without a responsible adult within five (5) feet, 8. Both parents agree that the children may be left in the care of another family member for not more than four (4) hours, without the consent of the non-custodial parent. In the event that care is necessary beyond four (4) hours, the non-custodial parent shall be given the right of first refusal to care for the children. All other child care providers must be mutually agreed upon by the parents. 6 9. E:ach parent shall be responsible for obtaining school information on their own, In the event that activities are planned on short notice by the school, the custodial parent will make the information available to the non-custodial parent as quickly as possible. 10. In the event of the death of either parent, the surviving parent shall provide regular visitation with the maternal grandparents and seasonal opportunities for visits with the maternal and paternal extended family, including Father's stepmother, in accordance with the degree of contact established during the time of marriage. 11. The parties agree that this custodial arrangement can be changed on a temporary basis upon the mutual consent of both parties. It is the parties goal to be as flexible as possible in providing access for the children to each parent. 12. If the parties are unable to agree on an acceptable custody schedule, they agree to seek the assistance of a custody conciliator/mediator, with the cost to be shared equally. 13. Both parents understand the need to provide a loving and stable environment for their children. 14. Mother and Father agree to place any personal differences aside and work for the best interests of the children. 15. The parties shall provide for reasonable telephone access to the children. 7 " 16. Neither party shall make derogatory comments about the '\1 C . . \' . II . I ~ ~.' , I I ; ." ' , other in the presence or hearing of the children, nor ask the children to keep information from the other parent. 17. Each party is to inform the other of any change in employment, residence and/or telephone number. 18. This Agreement shall supersede any and all other Agreements or Stipulations concerning the custody of the children. 19. This Agreement shall be made an Order of Court. . ;.. ATTORNEY DATE l~ SCOTT D. PICKFORD ATTORNEY DATE SUSAN F. PICKFORD 1 ,\ , I 8 l' \1 \ 'I APPENDIX A ,\ MINIMUM WATER SAFETY REQUIREMENTS ,. , .~ i ! (, \ Each child must be able to understand the rules and consistently perform each of the skills set forth below 1. Float on the front and back for 15 seconds 2, Kick on front for 25 yards w/kickboard 3. Kick on back for 25 yards w/kickboard 4. Swim 25 yards w/rhythmic breathing w/PFD 5. Swim 25 yards any stroke w/o PFD 6. , Swim 25 yards with PFD 7, Jump into the water and climb out with a PFD 8, Jump into the water and climb out w/o a PFD 9, Perform the survival (deadman's) float for 1 min, w/PFD 10, Dive into the water from a sitting position w/o PFD 11. Dive into the water from a kneeling position w/o PFD 12, Dive into the water from a standing position w/o PFD 13. Jump into deep water and begin bobbing 14. Be capable of getting in and out of a boat from the side while in the water, This skill must be learned prior to the children riding in or on a water craft intended for personal use, j The following safety rules must be learned & demonstrated: 1. Diving safety 2, Safe water entries 3, Throwing assists 4, Jumping into water safely 5, General pool rules a. No running b. Never go near a pool w/o grown up or teacher c. Never go in pool with no lifeguard on duty d. Always jump feet first into shallow water e. Never play on the steps or ramps f. Never grab onto another person's cube or other PFD 9 SCOTT D, PICKFORD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98 - 0673 CIVIL TERM . SUSAN K. PICKFORD, Defendant CIVIL ACTION. LAW CUSTODY ACTION CUSTODY AGREEMENT THIS AGREEMENT, made this day of 1999. by and between SCOTT 0, PICKFORD. hereinafter referred to as Father and SUSAN K. PICKFORD. hereinafter referred to as Mother. WITNESSETH: WHEREAS. MOlher and Father are the parents of WILLIAM SCOTT PICKFORD. born May 3, 1993 and MACKENZIE REED PICKFORD. born December 18, 1995: and WHEREAS, Mother and Father wish to enter into this Custody Agreement :0 settle and .. resolve the outstanding issues regarding the custody of their children: NOW THEREFORE. it is agreed by the parties that: 1. Mother and Father shall share legal custody of the children, which means that each party is to have equal access to the children's personal. school and medical records and each party is to inform the other of significant events that occur in the children's lives. 2. Mother shall enjoy primary physical custOdy and the Mother's home shall be the primary residence of the children. 3 Father shall enjoy periods of partial custody every Tuesday and Frrday from 5:00 p.m. until 7:30 p.m.. E'xl-v'h,~+- B '~' . - - -, . I ......... 4. Following Ine transition period set forth below Father shall also enjoy partial custody of the children on alternating weekends from Friday at 5:00 p.m. until Sunday at 7.30 p.m. a, Both children every Saturday from 5:00 p.m, until Sunday at 6;00 p.m., in town, for four (4) consecutive weeks. b. Upon completion of a. both children from Friday at 5:00 p.m. tnrough Sunday until 12:00 noon, in town, for four (4) consecutive weeks. c. Upon completion of a & b, both children out of town for an overnight from Saturday 10:00 a.m. until Sunday at 6:00 p.m. d. Upon completion or a, b & c, both children out of town. within Pe:1nsylvania, from Friday at 5:00 p.m. until Sunday. at 6:00 p.m. e. Upon completion of a. b. c & d, both children for a week long vacation Within the local area, allow:ng for telephone :::ontact with Mother one evening. or at the request of the children. The week would begin on Friday at 5:00 p,m and end on the following Friday at 5:00 p.m. f. At ether times as mutually agreed. g. During this trar.sition period, Mother and Fatner agree to participate In counseling with a counselor to ease the children's adjustment. It is the intent that this professional shall work with the parents te reduce the stress on the children. The professional shall De chosen by Father, 5. During and after the transition period. the following holiday schedule shall be in effect: a. Mother's Day and Father's Day. The children shall be with the respective parent from Sunday at 9:00 a.m. until Sunday at 7:30 p.m. b. ' Memorial Day, The children shall spend from 9:00 a.m. until 7;30 p.m. With Father in even years and Mother in odd years, c, Labor Day. Tne children shall spend from 9:00 a,m. unW 7:30 p.m. with Mother in even years and Father in odd years, d. Christmas. The Christmas holiday shall be divided into two segments Segment A shall be from Christmas Eve until 3:00 p.m. Christmas day. Segment B shall be from 3:00 p.m. Christmas day until 10:00 a.m. December 26. Mother shall nave segment A in odd years and segment B in even years. Father shall have segment A in even years and segment B in odd years. e. New Year Day. The children shall spend this holiday with their Mother, However. if the holiday falls on one of Father's regularly scheduled partial custody oays. Father shall be given an alternate time to make up for his lost time. f. Easter. This holiday shall be divided into two (2) segments. Segment A shall be from 6:00 p.m, on Saturday evening until noon on EClster day, Segment B snail be from noon to 6:00 p.m. on Easter day. Mother shall have segment A in odd years ar.d segment B in even years. Father shall have segment A In even years and segment B in odd years. 9. Thanksgiving. The children shall be witn their mother every Thanksgiving Day until Friday morning. Father shall be allowed a two and one-half (2 ) hour visit. from 5:00 p,m. until 7:30 p.m. on Thanksgiving. Tne children shall be with their Father commencing Thursday evening at 5:00 p.m. until Sunday at 6:00 p.m. h. Halloween, The parents agree to alternate who shall take the cnildren to the Halloween parades and who shall take the children trick or treating. In odd years, Father shall take tne children trick or treating and Mother shall take the children to parades. In even years, Mother shall take the children trick or treating and Father shall take the children to parades. I. Fourth of July. In odd years the children shall be with their Mother from 9:00 a.m. :..ntil10:00 a.m. on July 5. In even years the children shall be with their Father from 9:00 a,m. until 1 0:00 a.m. on July 5. I i i t I I ~ \ \.: Iii " , ;ii iti ,I , \ ~ '! ;1 ' i ~; Feb-16-99 03:20P ~ames A. Miller. Esquire j. Children's birthdays. If a child's birthday fails on a weekday, the non-custoaial parent shall be allowed a visit with the child from 5:00 p.m. until 7:30 p.m.. If the birthday is on a weekend day, a three (3) hour visit will be allowed. 6, Mother, and Father fOllowing the transition period, shall be entitled to up to fourteen (14) days of vacation with the children, not to be taken in greCtter than seven (7) day blocks of time. The intention to utilize the vacation time shall be made known to the other parent at least 30 days in advance. In addition. the vacationing parent shall provide as complete an itinerary as possible to the other parent. The itinerary shall include phone numbers where the children will be staying, as well as emergency numbers. Both parents agree to make the children available for telephone contact with the non-vacationing parent at least two (2) times during any given vacation period. 7. Both parents have safety concerns about the children being in and around water. Until each of the children have been able to consistently perform the skills set forth in appendix A to a competency approved by a swimming instructor or aquatics director of the YMCA in Camp Hill. Father and Motner agree not to take the children to a body of water, including lakes, rivers or private pools with the intent to go into the water unless it is at a public supervised pool (NEVER TO THE OCEAN) and the conditions set forth below are satisfied, At no time Will Father or Mother allow the children to go into a body of water, other than a superVised pUblic swimming pool, until they have satisfied the conditions set forth in appendix A. Both parents shall equally share the expenses and are encouraged to participate in the swimming classes at troe YMCA. a. The children must wear a Personai Floatation Device (PFD) at all times. b, The parents must be in the water with the child and remain no more than five (5) feet away from the child. c. If the parent has both children at the site of the water. he or she must have another responsible adult present and at no time may a child be in or near the water without a responsible adult within five (5) feet. ~eC-ib-~~ U~:~i~ James A, Mi I ler. Esquire 717-236-8747 8. Both parents agree that the children may be left in the care of another family member for not more than four (4) hours, without the consent of the non-custodial parent. In the event that care is necessary beyond four (4) hours, the non-custodial parent shall be given the right of first refusal to care for the children. All other child care providers must be mutually agreed upon by the parents. 9. Each parent shall be responsible for obtaining schocl information on their own. In the event that activities are planned on short notice by the school. the custodial parent will make the information available to the non-custodial parent as quickly as possiole. 10. In the event of the death of either parent. the surviving parent shall provide regular visitation with the maternal grandparents and seasonal opportunities for visits wi::1 the maternal and paternal extended family, including Father's stepmother, in accordance with the degree of contact established. It is acknowledged that Mackenzie has never met Father's s:eo-mother and that in the event of Father's death, Mother shall provide Father's step-mother with annual visitation of the children at Mo:her's and Father's step-mOlner's mutual convenience. 11. The parties agree that this custodial arrangement can be changed on a temporary basis upon the mutual consent of both parties. It is the parties goal to be as flexiole as possible in providing access for the children to each parent. 12. Both parents understand the need to provide a loving and stable environment for their children. 13, Mother and Father agree to place any personal differences aside ana work for the best interests of the children. 14. The parties shall provide for reasonable telephone access to the chiloren. 15. Neither party shall make derogatory comments about the other in the presence or hearing of the children, nor ask the c~!ildren to keep information from the other parent. 16. Each party is to inform the other of any change In employment, resioence and/or telephone number. APEENDIX A MINIMUM WATER SAFETY REQUIREMENTS Each child must be able to understand the rules and consistently perform each of the skills set forth below 1, Float on the front and back for 15 seconos 2. Kick on front for 25 yards w/klckboard 3. Kick on back for 25 yards w/kickboard 4. Swim 25 yards w/rhythmic breathing w/PFD 5. Swim 2S yards any stroke 6. Swim 25 yards with PFD 7, Jump into the water and climb out with a PFD a. Jump into the water and climb out w/o a PFD 9. Perform the survival (deadman's) float for 1 min. w/PFD 10 Dive into the water from a kneeling position 11. Dive into the water from a standing position 12. Jump into deep water and begin bobbing 13. How to get in and cut of a boat from the side while in :he water, The following safety rules must be learned & demonstrated, 1. 2, 3. 4. 5. Diving safety Safe water entries Throwing assists Jumping into water safely General pool rules a. No running around pool b. Never go near a pool w/o grown up or teacher c, Never go in pool without lifeguard on duty d. Always jump feet first into shallow water e. Never play cn the steps f. Never grab onto another person's cube or other PFD i ! . I.. 'j II ij: ~(:' :1',' , ' '(',' r L ' :1.,', I,'," 1'[';"" I '. ... ~-' '.'.". !,.::) ~j. -',J.tl: "' 3. Ela:aq:aph 9. ICOIJ changed the t!.~\es a:1d ca::s fo:: Tha:1ksq!.vlnq that W~=g i~ the ag::~e~ent f=o~ D:. Sh!.~~vold. :c was a;=e~d tha~ the 5h~e~'lold aq=ge~en~ would no: ba change:. 4. ?a:ag:aph 7. 'fou ha'le aooliec t;..e "condi :ions" ::0 Ns. l?ic:<to:d. At no ti:ne b ou: discussion '"e:e the ":es:::ic::i::-.s" 0: "c~~dl"ions" di.ec-.~ a" Us cic~.o-d The a---.-..- as s-...~ to ....,. -~ ... ..._~ ..~.... .....lo.... ,~..'iiii_.,,_......, _____ che Cou:c, placed che "condicions" only on N:. ?ic:<ro:d. !e is N:. ?ic:<:o::d with the h!.s::o:,y 0: questionable judgment I :'i: ',;e:e p:epa:ed to p:esent ::he evidence on his judg:nen: co che Co~::, i: was a'loided only when N:. ?ic:<to:d ag:eed co the "condi:io:'.s" sec forch. Changing the te=~ from ":es::ic:ions" to \'cond!.:!.:~s" is acceptable. 5. ?a:ag:aph 10. You again wo:ding in che Shien'lold agreement. ag:eemen:, a:e not co be changed. have a-::empced to c~a;-.;e the The Shie:1vold t:e=~s, by ~u:ual That was s::a:ed ::0 the :~u=c. 6. ?a:ag:aph 12. ! don':: know 1.: my pa:ag:aph :2 '"as de:e::ed by e==o:, 0: C~ ~c=?ose. This is a s:a~ca== ?a=a;=a~~ in ffi1_' ag.:e~men:s, oa::i=~la=lv wne~ the =a=t~e5 ~a'le !::eadv . .. .. .. ~egociated che majo:i:y 0: :he ce:MS ch.:o~gh :he ~se c: a ~e=:a:o=. Howeve.:, if M.:. ::c~:~:d does not wan~ co see~ ~~e assis:a~:~ =: a media:o.:, Ms. ?ick:o:= will ag:ee C~ :e~cve :he ?a:ag:a;~. 7. A?gendix A. You o~i::ed ~y ~:O, di'li~g i~:o :~= wa:e= =:cm a si::ing posicion. That was on the o=!g~~al lis: ;:~e~ :0 you at t~e hea=i~g. ~ added the w/::a :0 :~e di'les to c:a:::: the .:ecui:ement. ! don': believe chat t;,.e:e is reall'1 anv doub: ::-oa: i: is -inapp:op:ia:e a~c dange:ous to dive i~:o :he wace: wi:~ a ::0. In il= 5 once again ! added '.1/0 ?::J co cla=iry ::he :eqt:.:.:ement:, Requi:emenc ~6 is :0 swi~ 25 ya.:ds with a ::0, :herefo:e ;: ~ould be supe:rluous it ic didn't: mean '.I/o !?:O, r added ":amos" :0 ~5e to bring it cu:=enc :0 ehe new pools whic~ have :arn9s, i~ a=di:ion "a s"a'.s - . - .., . d' C!"" . . . ~ ~ -- , ~O acccmrnoca~9 ~~e nan ~ca9ge. ~arnps, ~~~9 s:e;s, are not areas :0 olay. :i~allv, vou ~odi:ied ~y ;:4 to only :=~~i=e ~ha~ the child:en ~now how t~ gee in and O~: 0: a boat :=~m the side while in the wa:e:. ! olaced the =ealiscic recui=eme~: t~a: Chey be "capable" or geccini in and oue of a boac. - If ehey :<now how, bue can':: do i::, ::he lea:ned s:<~ll has no 'Ialue. As ~.:.:~ all the skill ==qui=eme~ts, the child=en muse be able t~ do :~=~ :0= thei: own safety. Jus:: knowing how co swim, fleac 0= di'le is not sUfricient, chey must: be able co demons:=ace ::hei::- abi:i:y to accomplish the task. ! placed the requi=ement chat the c~ild:en ga~n chis s:<ill bero=e :iding on p:i'late wacer c=aft: based on our discussions. You st:a::ed chat: you: cliene waneed to be able co go on a fe::y or Che ?:ide of t:he Susquehanna. It was ag::-eed :hac he could do Chose chings '.Iithout e..dange::-ing che safety of che ch~ld=en. !f you =an st:at:e cha:: language in some oche: way, I would be open co suggescions. ( ! I, substantially less money, yet they we=e able to make the necessa=y sac=ifices for their children. Ie is unfortunate that the mar=iage has failed, but Mr. & Ms. ~ickford's obligation to the child=en has continued. ,\; . I Ms. ~ickford's last support proposal was the least that would allow he= to continue with her obligation to the children. It was limited in duration and scooe. Ms. ~ickford remains determined to resume her career once the children have entered school. To accelerate that time frame would be selfish and detrimental to the children. Her original offer remains open. ~/., " j I On Thursday I received a fax from Mr. ?ickford. In his letter he indicated that he could no longer afford to provide financial suooort for William's ore-school. I don't understand. He is now paying $1,000.00 less per month in support. How can he take the position that he can't afford the $100.00 per week cost? He has been able, by agreement and without a stated financial hardship, to pay his share for the past 5 months. It is in William's best interest to remain in the pre-school program with familiar classmates and teachers. Mr. ?ickford has suggested that William be placed into a public kindergarten class. Nilliam is not in kindergar~e~. He is i~ pre-school, which is not available i~ the West Shore school district. .- l ~ , ..l J I am waiting for your reply to the custody schedule and terms. As I am sure Mr. ?ickford has informed you, Mackenzie is havi~g a difficult time adjusting. On at least one occasion, she absolutely refused to go with her facher. After Mr. Pickford le~t without her, with great deal of soothing and coaxing by Ms, 2ickford, Ms, ?ickford was able to convince her to go. She personally took Mackenzie over to her father's apartment. The parties need to get a licensed professional involved in this matter immediately, The harm to Mackenzie could be devastating. If Mr. ?ickford chooses not to pick a licensed professional, Ms, ?ickford will make the choice. Until a licensed professional gets involved to evaluate the situation, Ms. ?ickford ...ill be unable to continue to force Mckenzie to go with her father. '1 '\ , I , I , Your reply to the appreciated. custody and divorce issues ...ould be I ( " r Sincerely, ~tV~. ~ Thomas D. Gould ,cc. Susan ~ickford (~ With regard to physical safcty. Mrs. Pickford indicates that she would like the children to have consistent, responsible supervision, She bclieves that there is a real threat ofdanger to the children given her observed close encounters and real injury under the care ofthcir father, She believes that this threat is heightened if the children are near water or other real hazards (i.e. crowds, streets). She describes her children as being energetic, assertive and easily lured by their curiosity, Given their ages and developmental stages which limit their abilities to accurately judge dangerous situations, she believes that they need careful supervision. She is conccrned that Mr. Pickford does not utilize appropriate parental judgement and skills in many situations. At present, Mrs, Pickford indicates that she and Mr, Pickford agree on the chronology of events, However, they disagree about the serious nature or responsibility for these incidences, They also disagree about the resolution of the separation and safety issues, For example, Mrs, Pickford believes that Mr. Pickford's lack of judgement and supervision have resulted in numerous. unnecessary accidents, Given that history is often an accurate predictor of future behavior, she is concerned that he will continue to expose the children to danger, She stated thatlvlr. Pickford disagrees with this summation and attributes many of the incidences to chance or blames the children. Of those which he accepts responsibility, he has reportedly promised greater vigilance, but the lack 0 f judgement has continued.. Regarding the resolution of these issues, Mrs, Pickford has requests that the children not go on lengthy or out-of-town visits with their father until Mackenzie reaches the age of 6 years and William reaches the age of8 years. She also requestes that neither child be taken near bodies of water until a water safety instructor believes that they are capable of self-rescue and water safety skills, The children are enrolled in swimming lessons at the West Shore YMCA to develop their skills, On the contrary, she states that Mr. Pickford requests that he be allowed to take the children to the pool and other bodies ofwater by June, He also requests that he be allowed to take the children on a trip to California, During the consultation, it became clear that a proposal should be developed which will address the necds of William and Mackenzie. Developmental appropriateness and the best interest of the children need to be primary considerations in the design of such a plan. In order to address the issue of separation anxiety. it should begin with the present "actual" partial custody arrangement and lead toward that which is outlined in the mediation report, To date, both children have spent most Tuesday evenings, Friday evenings, Saturday evenings, and Sundays with Mr. Pickford. William typically spends the night with his father each Saturday. Mackenzie has not spent an overnight with her father and sometimes leaves early. A gradual increase in time and frequency of successful visitations would likely be less stressful than a sudden, forced schedule, Funhermore, it should promote a healthy relationship between the children and their parents. By cooperating on such a plan. each parent will be acting as a positive role model, will be protecting their own and each others relationships with the children, and will be sensitive to the individual needs of each child, A professional experienced in child and family issues should be used for consultation and direct assessment of the custodial arrangements, This professional may request to see the parents or children individually, together, and/or with either parent at home or at the professional's office, This professional would be considered to be the children's advocate and may provide therapeutic services, With regard to salbty issllcs. it was concludcd that both childrcn arc currcntly at risk of harm as a result of poor parcntaljudgement by Mr, Picktbrd. Young or prcschool age children like \Villiam and Mackenzie do not havc adcquatc skills and maturity to rcmain safc without appropriate adult care. While briet: local interactions seem to bc rcasonablc. William and Mackenzic's risk of harm would likely be heightened if they went on lengthy or out-of-town travcl with Mr, Picktbrd. By the time they both reach school age, they should havc greater skill levels and maturity unavailable to most preschool age children, Therefore, their risk ofhnrm should decrease despite the likelihood of poor parental judgement. k . . . " " (: " j ~ : In conclusion. it is requested that lengthy visitations, out-ot:town travel with Mr. Picktbrd, or any abrupt change in the current custodial arrangement be postponed until separation and safety issues have been resolved, Specifically, this would include the aforementioned graduated process of increased successful periods ofpnrtial custody with both children, It would also require that the children reach greater developmental maturity. Minimally. it is appropriate that both children be of school age. Furthermore, it is requested that l\![r, Pickford avoid water activities and bodies of water until self-rescue and adequate water skills are taught and verified by a certified water safety instructor, ,. . ~ / ,- / c;/"/:'2.......,,..'!. -~L-;/ Nicolee M. Hiltz, Ph.D' , Licensed Psychologist,_, .' . I J ') \ , \ I ( ~! ....." .:.. 6. Thc Dcfcndant's position on custody is as follows: To bc providcd prior to thc hcaring ifnccessary. 7, Need lor separatc counsclto rcprcscnt child(rcn): Ncithcr party rcqucsted, 8. Nccd for indepcndcnt psychological cvaluation or counseling: Sec attached Ordcr, 9. A hcaring in this matter willtakc onc day. 10. Other matters or commcnts: The partics havc becn involvcd cxtensivcly in mediation. The conciliation was rescheduled sevcraltimcs to attcmpt a rcsolution of thc casc through mediation, The Fathcr wantcd to maintain his right to have a hearing in the cventthat what thcy agreed upon through the mediation did not work. It is hoped that the schedule will work and a hearing will not be ncccssary. Ifso, counsel for both partics will be providing the court with their rcspcctivc positions on a custodial schedule, Date: June 30, 1998 Michael L, Bangs Custody Conciliator Asscc . . ~ ~ ~entr~~ PennsyJvania ^:f~~.jation '=''-'=" ServIces, Jnc. ' _ , , . t. VI '., I 'M. . ....--- .- " .~ Arnold T, Shlenvold, Ph.D. EJllol R1esler, Ph.D. Promoting Positive Solutions Memorandum of Understanding Scott and Susan Pickford Scali and Susan Pickford have come 10 the follOwing 8!ll'eemenls regardinglhe cwtodyof their two children, William and McKenzie. I, They will share legal custody of the children as defined by Pennsylvania law, 2, Susan's residenee shall be the primary ph)'sical residen<:e of the children, Scott shall enjoy periods of partial custody evety Tuesday and Friday from 5:00 pm until 7:30 pm. Additionally, the children shall be with Scott on alternating weekends from Friday at 5:00 pm until Sunday at 7:30 pm. 3, Each parent shall be entitled to up to two, non-consecutive weeks of vacation with the children, The intention to utilize the vacation time shall be made known to the other parent at l.east 30 days in 8dvance, Furthermore. the vacationing parent shall pro~'ide as complete an itinerary as possible to the other parent. 11ll, list should include phone numbern where the children will be staying, as well as emergency number,. Furthermore, both parents agree to make the children available for phone contact at leaBltwo times during a given vacation period, . 4. With respect to time with the children at holiday" the following was agree Upon: A. Mother's Day and Fathers's Day: The children shall be with the respective parent from Sunday at 9:00 am until Sunday at 7:30 pm B. Memorial Day: The children shall spend this holiday with their father in even years and their mother in odd years. C, Labor Day: The children shall be with their mother in even years on the Monday of the holiday from 9:00 am to 7:30 pm. D. Thanksgiving, Christmas, EaSler, July 4", Halloween, Children's Birthdays: Scott and Susan believe it is best for the children if they share these holidays together with them. They filel comfortable working together to work out their joint arrangement, for these days. 5. In the event either parent i, planning 10 leave the Harrisburg area with the children, they will intann the other parent of their plans and will provide their anticipated destination as well as emergency telephone numbers. 6, Scott and Susan agree that this CUSTodial arrangement can be changed on a lemporary ba,is upon the mutual consent of both panies. It i, their goal to be as lIeKibJe as possible in providing access for the children to each parent. - 2151 lIngle'lown Road, Suit. 200 . Hanlshurg. Penn,)'!vania 17110 . Tel'phon,.: (717) 540.9005 _ , I i . SCOTT D. PICKFORD, ' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 673 CIVIL TERM / NO. 98 - 4937 CIVIL TERM CUSTODYNISIT A TION IN DIVORCE ,.. , vs. SUSAN FRITCHMAN PICKFORD, Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney for Susan K. Fritchman-Pickford, Defendant in the captioned cases, FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C, Attorneys for Defendant By: !Jb-~ '" , \ , I Date: /- IY 9'9 arol J. Lindsay # 44693 11 East High Street Carlisle, PA 17013 (717)243-5513 i , PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney pro se in the captioned cases, / ,1~~~ Susan K. -":. - \, i Date: J . "9 -t?:-/ C' c: ...~ I::) ,.-) :;1 , -;"';. f.-.;;' ::'.. '. .:..:. ," " ( );. ~~:.. ~~ .., :;:} .... , ~.~ \.:.>, ...." ) ;~.; "',i'(\ ':-.-\ ',- ~~ j , c': ~n (';::\ , J .:, I JAN 12 l!l!l!l \ f" f . \i \ >f Scott D. Pickford Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 98-673 Civil Susan Fritchman Pickford : Defendant CIVIL ACTION. LAW IN CUSTODY AFFIDAVIT OF SERVICE I, James A. Miller, Esquire, hereby certify that I have served the Defendant, Susan Fritchman Pickford, with a copy of the Custody complaint on February 24,1998, by certified mail number P 016 244 804 as evidenced by the attached original United States mail return receipt. .- , (~~- James Ai Miller, Esquire Atlorney!for Plaintiff 122 r.o ust Street, Suite 100 Harris rg, PA 17101 (717) 36-5161 , .'\ , I f , ',~ -" i, ~< .;':. '..: ~i;i ...,( Ji' ;;i 1) ,,' ~.' ?ll I\~ . r.q~, 111, ..~ ~ ' + ,'3c 0\-\ \-=::>. ('\ L \L ('CC '-..\ Plaintiff : IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA V. + SU~L\n n'l \c\YI\l'n HC\c-(CCQ Dcfcndunt : CIVIL ACTION LAW :' No,b"r~ CIVIL 19 '/13, : CUSTODY VISITATION ORDER OF COURT And now, this~, upon considcration of the uttached complaint, it is hcreby directed that the above parties and their rcspective counsel appear beforc, HIe hG e \ L, PtNJ\ ,&t., Esquire, the conciliator, at . (') .' .' \'1,\, ( r" \-\-i \ , Pennsylvania,onthe.....3..-dayof I::-"f.r\ \ , 1998, at ;4', 00 A,M.I , for a Pre-hearing Custody Confercnce, t 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 be present at the conference, Failure to appear at the conferencc may provide grounds for the entry of a temporary or permanent order, FOR THE COURT: By: (l~l~(,\\C\-QQ~P -PO~%-. Custody Conciliator (\'I):) 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, THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 I -800-990-9 I 08 :', . ~~ ',' Scott D. Pickford Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 78"- ~ 75 (}~-~,~,L Susan Fritchman Pickford Defendant CIVIL ACTION. LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it Is hereby directed that the parties and their respective counsel appear before, , Esquire, the Conciliator, on the day of , 1998, at A1P.M., In Courtroom number , Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013, 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 shall also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. 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 Lawyer Referral Service Court Administrator Cumberland County Court House Carlisle, Pennsylvania 17013 ~:?~~2 James A. iller, Esquire Attorney or Plaintiff l~ ."!.:, VERIFICATION I verify that the statements made in this Complaint are true and correct. I /'> understand.lhat false statements herein are made subje the penalties of 18 Pa.C.S, Ss,-,:"n 49 4 relating to unsworn fals' . ation taut oritles. DATE: 6 scon D, PICKFORD, Plainliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W v, SUSAN F. PICKFORD, Dcfcndant NO. 98-0673 CIVIL TERM ORDER OF COURT AND NOW, this221 {day ofOctobcr, 1998, due to a conflict in thc Court's schedule, the custody hearing prcviously scheduled in thc abovc mattcr for January 6, 1999, is RESCHEDULED to Monday, February 8, 1999, at 9:00 a.m" in Courtroom No. I, Cumberland County Courthousc, Carlisle, Pennsylvania. BY THE COURT, c~, .-.1 ( ~ ...1 I :...., '( ") ":] --, : I ...., , ..J I. '...J , :CJ -., '. :-'J ,', ...1 :.:,..., , '":, 1:- '. ~..~ ( l) -, James A, Miller, Esq. 122 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff Carol J, Lindsay, Esq, II E, High Street Carlisle, PA 17013 Attomey for Defendant - ~.....">>,,,,:J','(' IO/~"3/qli'. __.s.. }>. :rc V. No. 98 - 0673 CIVIL TERM SCOTT D. PICKFORD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLv.ANIA SUSAN D. PICKFORD, DEFENDANT CIVIL ACTION - LAW CUSTODY TO THE PROTHONOTARY: ENTRY OF APPEARANC P[E.:aSE'- Pl.a.Cl:... I~ .n ~ ~~.~ Please enter my appearance as attorney for the Defendant, Susan D. Pickford. Date: :l/o/?? ~49~.~ Thomas D. Gould, Esquire I. D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 '( ~t 'i; '~,I ~(:~ ," ,1$\ !'f , tit;) /",1 :" .. \, . ~, fjl . ':t . ! " " " y ~. 'j'%~ i r' r :1" ...1- I I I 0 V) I 0 I ~,~; '.D ..., I f~~.~: ~~. ." .-, ,,, "r" ",:J I:!J /. ~ -'. . "~,ITI .' :l , (::J. c.n J6 .. , ~) !+.; ~. . ~.~ .~-? : :1~ . - 8rn ~ :;;! -, .,:- s:. -< .1 .' I I i i . I SCOTT D. PICKFORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. . CIVIL ACTION - LAW . . . SUSAN FRITCHMAN PICKFORD, Defendant : No. 98-673 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of Fpbruary, 1999, upon consideration of the Plaintiff's complaint for custody, and following a proceeding in court in which the Plaintiff was represented by James A. Miller, Esquire, and the Defendant was represented by Thomas D. Gould, Esquire, and it being represented to the Court that the parties have reached an agreement in this matter, and the general terms of the agreement having been dictated for the record in court, and counsel having indicated that they will be SUbmitting a specific order for the Court's signature in the near future, the record is declared closed, and the matter is taken under advisement. JAMES A. MILLER, ESQUIRE 122 Locust Street, suite Harrisburg, PA 17101 For the Plaintiff 100 e..e-t''"'' ~ ....,..;,....l,.L, do/I ~ I 'i~. . ):..1\~ THOMAS D. GOULD, ESQUIRE 2 East Main Street Shiremanstown, PA 17011 For the Defendant wcy ~ It l ,0 ):E--b Hh..t-Jio.'_, i-L ~< / 0 rc l, 6 1979 I , . , '.;.., SCOTT D, PICKFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SUSAN FRITCHMAN PICKFORD, Defendant CIVIL ACTION - LAW No, 98-673 CIVIL TERM IN RE: AGREEMENT Proceedings held before the Honorable J. WESLEY OLER, JR" Judge, CUmberland County Courthouse, Carlisle, Pennsylvania, on February 8, 1999, commencing at 11:15 a.m, in Courtroom NO.1. APPEARANcES: r} l ~::'! 0 ~ c..: I.CJ ",1 -:";1' L" :-;-J r. , ;;1) ;l:g :/: "" -,. fn ( C;-', ";'1' '.- lC) [_: I..,.. "..' -1J :': -.I !c. , , i_;r~ , - ~jn ~ r.,? ;i2! ~;.. ')1 :] ", ~ -, JAMES A, MILLER, ESQUIRE For the Plaintiff THOMAS D. GOULD, ESQUIRE For the Defendant 1 February 0/ 1999 2 Courtroom No. 1 3 11:15 a,m. 4 THE COURT: This is the time and pIneo for a 5 hearing in the case of Pickford v. Pickford, 'rho caoo io n 6 custody case, and I will ask counsel for the partioo to 7 identify themselves, and then we will proceed with any 8 discussion of a resolution in the case, 9 MR, MILLER: Your Honor, James Millor for the 10 Plaintiff, Scott Pickford. 11 THE COURT: Thank you, 12 MR. GOULD: Thomas D, Gould for the 13 Defendant, Susan Pickford, 14 THE COURT: All right. And the Court does 15 understand that this matter has been resolved amicably. 16 Does one of the counsel wish to state generally what the 17 terms of the resolution are? 10 MR, MILLER: Yes, Your Honor. The terms of 19 the agreement, Your Honor, will incorporate a memorandum of 20 understanding prepared by Dr, Arnold Shienvold. Both Mr. 21 Gould and myself are in possession of these, and will 22 prepare these terms with a draft order to be exchanged 23 between counsel and submitted to the Court for finalization. 24 In addition, we have roughly five or six additional points 25 that we/II inclUde in the memorandum of understanding, 2 1 Point number one will be that the current 2 schedule the parties have in place will continue with 3 McKenzie having completed four consecutive Saturday nights 4 without interruption, Mr. Pickford has already completed 5 Saturday night number one on February 6th. Saturday night 6 number two, on February 13th, He'll be out of town the 7 following Saturday. So, therefore, the next two Saturdays 8 will be part of his four consecutive Saturday nights, 9 MR. GOULD: That is correct. 10 MR. MILLER: The second section of these 11 additional provisions will be that upon the completion of 12 the first section, both children, Mackenzie and William, 13 will spend Friday night, Saturday night, and Sunday until 14 12:00 with Mr, Pickford in town for four consecutive 15 weekends, 16 Upon the completion of that section, Mr. 17 Pickford may take the children out of town for a Saturday 18 overnight, pick up the children in the morning on Saturday, 19 returning them Sunday at 6 p,m, 20 Upon the completion of that section, Mr. 21 Pickford may take the children out of town overnight for a 22 weekend within the Commonwealth, 23 Upon the completion of that section, Mr. 24 Pickford may take one week vacation with the children 25 locally allowing for phone contact with Mrs, Pickford one 3 1 evening or at the request of the children. 2 The final section is a bit -- 3 MR, GOULD: I think we need to add one other 4 portion. The parents will participate in the counseling to 5 ease the child's adjustment. Mr, pickford is going to be 6 choosing who that counselor is to assist them in the 7 transition. 8 MR, MILLER: The final section relates to 9 water, Mr, pickford will not be permitted to take the 10 children alone near the water unless supervised, 11 Supervision means, a life guard at a pool. He cannot take 12 the children near water alone with the intent on going 13 swimming, Riding on a ferry boat, feeding ducks, these 14 types of activities are permissible. And we will include 15 what Mrs. pickford has drawn up as criteria for safe water 16 activity, 17 THE COURT: All right. The memorandum of 18 understanding that you are referring to, I assume, is the 19 memorandum that was attached to the custody conciliator's 20 report? 21 MR, GOULD: No, Your Honor, there was a 22 subsequent memorandum as a result of continuing mediation, 23 THE COURT: All right, Mr, Gould, is that 24 generally the understanding that has been reached? 25 MR. GOULD: With a few additional -- few 4 1 THE COURT: All right. I want to commend you 2 both for reaching the agreement without the Court's 3 intervention. It's a lot better for the children, I think, 4 and better for you also. I assume that counsel will be 5 submitting a proposed order and incorporating these terms 6 for the Court to sign? 7 MR. GOULD: Yes, Your Honor, 8 THE COURT: All right. You could not have 9 picked a better mediator than Dr. Shienvold, He is very 10 good, in my opinion. We'll enter this order. 11 (Whereupon, the following Order of Court was 12 entered.) 13 ORDER OF COURT 14 AND NOW, this 8th day of February, 1999, upon 15 consideration of the Plaintiff's complaint for custody, and 16 following a proceeding in which the Plaintiff was 17 represented by James A. Miller, Esquire, and the Defendant 18 was represented by Thomas D, Gould, Esquire, and it being 19 represented to the Court that the parties have reached an 20 agreement in this matter, and the general terms of the 21 agreement having been dictated for the record in court, and :,~ :., ., II I' , [\' 'r I I . , 22 counsel having indicated that they will be submitting a 23 specific order for the Court's signature in the near future, 24 the record is declared closed, and the matter is taken under 25 advisement, I,' I : ~ ..i" I 6 C E R T I FIe A T ION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. ----------------------------- The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. r?7fIJ, 2-<; Ic,<I'7 , Date . "', . Scott D. Pickford. Plaintiff/Pctitioncr Inthc Court of Cllnll1l0n Plclls Cumbcrland County. Pcnnsylvania v. No.:~. ~s='" - &'7..5' Susan Fritchman Pickford...... . - . -- Defendant/Rcspondent Civil Action - Law In Custody ORDER OF COlJRT AND NOW, this 13 ~ day of -iAt " . ( , 1999, upon review and consideration ofPlaintill"s PETITION TO ENFORCE TERMS OF FEBRUARY 8, 1999, CUSTODY ORDER &. PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF FEBRUARY 8, 1999, CUSTODY ORDER, it is hereby; ORDERED that a hearing on said Petition shall be held on the .Jf!!:day of ~j?) , 1999, at ;J:O() a.m.ein Courtroom Number I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: .c. ,. " .\ ~ . 4. '. Scott D. Pickford, Plaintil1'lPctitioncr Intllc Court or Common I'lcns Cumbcrland County, I'cnnsylvnnia v. No.: 98.673 Susan Fritchman Pickford Dcfcndant/Rcspondcnt Civil Action - Law In Custody PETITION TO ENFORCE TERMS OF FEBRUARY 8. 1999. CUSTODY ORDER & PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF FEBRUARY 8.1999. CUSTODY ORDER NOW COMES, Plaintiff/Petitioner, Scott D. Pickford, by and through his attorney, James A. Miller, Esquire, pursuant to Pa. R.C.P. 1915.12 and 1915.15 and respectfully requests that Defendant/Respondent, Susan Fritchman Pickford, be adjudged in civil contempt by your Honorable Court and that the February 8, 1999, Order of Court be enforced and for reasons therefore states: 1. Attached hereto as Exhibit A is a copy of your Honorable Court's February 8, 1999, Ordcr of Court acknowledging that the terms of a custody agreement had been reachcd and dictated on the record. 2. Attached hereto as Exhibit B is a copy of the transcript of the custody proceeding which took place on February 8, 1999, resulting in your Honorable Court's order. 3. Attached hereto as Exhibit C is a copy of the Memorandum of Understanding prepared by Arnold T. Shienvold, Ph.D. which was fully incorporated as the basis of the custody agreement dictated on February 8, 1999. 4. Attached hereto as Exhibit D is a copy of the March 8, 1999, letter from counsel for Respondent to counsel for Petitioner. 5. Attached hereto as Exhibit E is a copy of Respondent's March 18, 1999, facsimile to Petitioner. 6. Petitioner is Scott D. Pickford the father of two minor children, namely William Scott, D.O.B. May 3,1993, and Mackenzie Reed, D.O.B. December 18, 1995. 7. Respondent is Susan Fritchman-Pickford and the mother of said children. .. J .., t. '. - -, 8. On Febmary 8, 1999, the parties reached tcrms of' an agreement in custody which wcre dictated on thc record as evidcnced by attachcd Exhibit Band cntered as !In Ordcr of Court on said datc as cvidcnccd by attachcd Exhibit A. 9. In accordancc with the dictated terms and Doctor Shicnvold's rcport, Pctitioner completed his initial, introductory Saturday ovcrnight visitation for four (4) consccutivc weckends. 10. Respondent has unilaterally denied Pctitioner his custodial rights as outlined on Febmary 8, 1999, in as much as Respondent will not permit Petitioner his full weekend visitation with his children. II. Respondent has unilaterally determined to revert to the schedule prior to the Febmary 8, 1999, custody hearing based upon the children not having completed counseling. 12, Petitioner has made every reasonable effort to satisfY the counseling requirement as set forth in the record. 13. Nothing in the record permits Respondent to deny Petitioner his weekend visitation based upon contingencies, 14. The children are engaged in swimming lessons as required by the dictated terms. 15. At the very least, albeit an incorrect interpretation yet nevertheless as represented by counsel for Respondent in his March 8, 1999, letter (Exhibit D), "The only valid agreement is Shienvold's," 16. Paragraph two (2) of Dr. Shienvold's Memorandum incorporated into the record (Exhibit C) provides "Additionally, the childrcn shall be with Scott on alternating weekends from Friday at 5:00 p.m. until Sunday at 7:30 p.m," 17, On March 12, 1999, contrary to her counsel's March 8, 1999, representations, Respondent stated that Petitioner would not have his entire weekend visitation (Exhibit E). , ... 18. Rcspondcnt is u vcry wcll-Icurncd ullorncy. 19. Rcspondcnt hus cngugcd in knowing und willful wurfilrc unlikc uny othcr in thut shc hus dccmcd hcrself to bc thc ultinmtc uuthority of hcr childrcn without uny considcrlltion givcn to Pctitioncr nor, for t1ll1t mullcr, to thc Fcbruury 8, 1999, Ordcr of Court. 20. The Fcbruary 8, 1999, Ordcr of Court providcd nothing in rcgard to Pctitioner's increased time being blessed by u counselor as Rcspondent appears to have takcn such position. Rather, Respondent's intentional manipulution of the terms hus created a false contingency to which was never agreed. 21. Even if Respondent were given the benefit of the doubt in her interpretation, her own counsel dictated the counseling clause which provided: I think we need to add one other portion. The parents will participate in the counseling to ease the children's (sic) adjustment. Mr. Pickford is going to be choosing who that counselor is to assist them in the transition. 22. Respondent's March 12, 1999, facsimiled letter (Exhibit E) readily acknowledges that the children were in counseling with Jessica Hart yet Respondent continued then and continues to this day to deny Petitioner his custodial rights as set forth on February 8, 1999. 23. Short of finding Respondent in contempt for her violation of the February 8, 1999, Order of Court and the incorporated, dictated terms of record would be to permit and encourage Respondent to continue her course of unilateral action and thereby result in Petitioner's continuing frustration in enjoying ample, healthy time with his children as encouraged by the courts and legislature. 24. Petitioner must be immediately permitted to enjoy his custodial periods without further frustration levied by Respondent. 25, The best interests of the minor children will be served by enforcing Petitioner's periods of partial custody in as much as the children and Petitioner will be able to freely . "" 18, Rcspondcnt is II vcry wcll-Icarncd IIttnrncy. 19. Rcspondcnt hils cngllgcd in knowing IInd willful wllrfarc unlikc IIny othcr in thllt shc has dccmcd hcrself to hc thc ultimlltc lIuthority of hcr childrcn without IIny considcration givcn to Pctitioncr nor, for that mattcr, to thc Fcbrullry 8, 1999, Ordcr of Court . 20. Thc Fcbruary 8, 1999, Ordcr of Court providcd nothing in rcgard to Pctitioner's incrcascd timc bcing blcsscd by a counsclor as Respondcnt appcars to havc takcn such position. Rather, Respondcnt's intcntional manipulation of the tcrms has crcated a false contingency to which was nevcr agrced. 21. Even if Respondent wcre given the bcncfit of the doubt in her interpretation, her own counsel dictated thc counseling clause which provided: [think wc need to add one other portion. The parents will participate in the counseling to ease the children's (sic) adjustment. Mr. Pickford is going to be choosing who that counselor is to assist them in the transition. 22. Respondent's March ]2, 1999, facsimiled Icttcr (Exhibit E) readily acknowledgcs that the children were in counseling with Jcssica Hart yet Respondcnt continued then and continues to this day to deny Pctitioncr his custodial rights as set forth on February 8, 1999. 23. Short of finding Respondent in contcmpt for her violation of the February 8, 1999, Order of Court and thc incorporatcd, dictated terms of record would be to permit and encouragc Respondent to continue her course of unilateral action and thereby result in Petitioner's continuing frustration in enjoying ample, healthy time with his children as encouraged by thc courts and Icgislaturc, 24. Petitioner must be immcdiately permittcd to enjoy his custodial periods without further frustration levied by Respondent. 25. The best interests of the minor childrcn will be served by enforcing Petitioner's periods of partial custody in as much as the children and Petitioner will be able to frcely . ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNS~LVANIA CIVIL ACTION - LAW SCOTT D. PICKFORD, Plaintiff SUSAN FRITCHMN~ PICKFORD, Defendant No. 98-673 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of February, 1999, upon consideration of the plaintiff's complaint for custody, and following a proceeding in court in which the Plaintiff was represented by James A. Miller, Esquire, and the Defendant was represented by Thomas D. Gould, Esquire, and it being represented to the Court that the parties have reached an agreement in this matter, and the general terms of the agreement having been dictated for the record in court, and counsel having indicated that they will be submitting a specific order for the Court's signature in the near future, the record is declared closed, and the matter is taken under advisement. Jtf.w{".y C JAMES A. MILLER, ESQUIRE 122 Locust street, suite 100 Harrisburg, PA 17101 For the plaintiff THOMAS D. GOULD, ESQUIRE 2 East Main Street Shiremanstown, PA 17011 For the Defendant wcy . . "', EXHIBIT B FEBRUARY 8, 1999, RECORD . SCOTT D. PICKFORD, IN TilE COUR'r OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUSAN FRITCHV~ PICKFORD, Defendant No, 98-673 CIVIL TERM IN RE: AGREEMENT Proceedings held before the Honorable J, WESLEY OLER, JR., Judge, Cumberland County Courthouse, Carlisle, Pennsylvania, on February 8/ 1999, commencing at 11:15 a.m. in Courtroom No, 1. APPEARANCES: JAMES A. MILLER, ESQUIRE For the Plaintiff THOMAS D. GOULD, ESQUIRE For the Defendant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . , February 8, 1999 Courtroom No, 1 11:15 a,m. THE COURT: This is the time and place for a hearing in the case of pickford v. Pickford. The case is a custody case, and I will ask counsel for the parties to identify themselves, and then we will proceed with any discussion of a resolution in the case, MR. MILLER: Your Honor, James Miller for the Plaintiff, Scott Pickford, THE COURT: MR. GOULD: Thank you, Thomas D, Gould for the Defendant, Susan pickford. THE COURT: All right, And the Court does understand that this matter has been resolved amicably. Does one of the counsel wish to state generally what the terms of the resolution are? MR. MILLER: Yes, Your Honor, The terms of the agreement, Your Honor, will incorporate a memorandum of understanding prepared by Dr, Arnold shienvold. Both Mr, Gould and myself are in possession of these, and will prepare these terms with a draft order to be exchanged between counsel and submitted to the Court for finalization. In addition, we have roughly five or six additional points that we'll include in the memorandum of understanding, 2 . ". 1 Point number one will be that the current 2 schedule the parties have in place will continue with 3 McKenzie having completed four consecutive Saturday nights 4 without interruption, Mr. Pickford has already completed 5 Saturday night number one on February 6th, Saturday night 6 number two, on February 13th. He'll be out of town the 7 following Saturday, So, therefore, the next two Saturdays 8 will be part of his four consecutive Saturday nights, 9 MR. GOULD: That is correct. 10 MR. MILLER: The second section of these 11 additional provisions will be that upon the completion of 12 the first section, both children, Mackenzie and William, 13 will spend Friday night, Saturday night, and Sunday until 14 12:00 with Mr. Pickford in town for four consecutive 15 weekends. 16 Upon the completion of that section, Mr. 17 Pickford may take the children out of town for a Saturday 18 overnight, pick up the children in the morning on Saturday, 19 returning them Sunday at 6 p.m. 20 Upon the completion of that section, Mr, 21 Pickford may take the children out of town overnight for a 22 weekend within the Commonwealth. 23 Upon the completion of that section, Mr. 24 Pickford may take one week vacation with the children 25 locally allowing for'phone contact with Mrs, Pickford one 3 1 evening or at the request of the children, 2 The final section is a bit __ 3 MR, GOULD: I think we need to add one other I' I 4 portion, The parents will participate in the counseling to 5 ease the child's adjustment, Mr. Pickford is going to be 6 choosing who that counselor is to assist them in the 7 transition, 8 MR, MILLER: The final section relates to 9 water, Mr. Pickford will not be permitted to take the 10 children alone near the water unless supervised. 11 Supervision means, a life guard at a pool. He cannot take 12 the children near water alone with the intent on going 13 sWimming. Riding on a ferry boat, feeding ducks, these 14 types of activities are permissible. And we will include ,\ , I 15 what Mrs. Pickford has drawn up as criteria for safe water 16 activity. j , 17 THE COURT: All right. The memorandum of r II r Ii' 1 h. n'., , ~\. P('; Ii ,.- I : 'I'....' i, : '.~ 'I ~;!~ .~i'::~ , 16 understanding that you are referring to, I assume, is the memorandum that was attached to the custody conciliator's 19 20 report? 21 MR. GOULD: No, Your Honor, there was a 22 SUbsequent memorandum as a result of continUing mediation. 23 THE COURT: All right. Mr. Gould, is that 24 generally the understanding that has been reached? MR. GOULD: With a few additional __ few 25 4 1 additions, Your Honor. That is, if Mr. Pickford does intend 2 to take the children to water, in other words, not going to 3 be feeding the ducks or taking a ferry boat ride, that the 4 children would be required to have a personal flotation 5 device on them; that he must be in the water with the 6 children; that he must be within five feet of them while he 7 is with them in the water; he is not allowed to go into 8 oceans; and the area must be supervised by a life guard. It 9 is my understanding, and maybe it's a misunderstanding now, 10 that there had to be another adult with him, is that 11 correct? 12 MR, MILLER: At the ocean? 13 MR, GOULD: No. 14 MR. MILLER: Everywhere? 15 MR. GOULD: Ye~h, until the children have 16 completed the swimming -- that was my understanding, When 17 he's going in the water, right, 16 MR. MILLER: With the intent to swim with 19 both children, there will be an adult present, 20 THE COURT: All right. 21 MR. GOULD: The other clarification is that, 22 we agreed to the ferry but not to go out on a boat for power 23 boating or skiing or any of those activities. 24 MR, MILLER: Until the children have 25 satisfied their requirement. 5 1 THE COURT: All right, I want to commend you 2 both for reaching the agreement without the Court's 3 intervention. It's a lot better for the children. I think, 4 and better for you also. I assume that counsel will be 5 submitting a proposed order and incorporating these terms 6 for the Court to sign? 7 MR. GOULD, Yes, Your Honor. 8 THE COURT: All right. You could not have 9 picked a better mediator than Dr, Shienvold. He is very 10 good, in my opinion. We'll enter this order. 11 (Whereupon, the following Order of Court was 12 entered,) 13 ORDER OP COURT 14 AND NOW, this 8th day of February, 1999, upon 15 consideration of the Plaintiff's complaint for custody, and 16 following a proceeding in which the Plaintiff was 17 represented by James A, Miller, Esquire, and the Defendant 18 was represented by Thomas D. Gould, Esquire, and it being 19 represented to the Court that the parties have reached an 20 agreement in this matter, and the general terms of the 21 agreement having been dictated for the record in court, and 22 counsel having indicated that they will be submitting a 23 specific order for the Court's signature in the near future, 24 the record is declared closed, and the matter is taken under 25 advisement. 6 ~ . , I , r I , C E R T I F I CAT ION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. r)7flJ, Date I~~---- / -//' Wesley O~, Jr,',"J:' -, :- ~~ 1:'~U . , I " il , II :1 i{ 11 I, I ~ \ , " iJ " ! : '\1 il! i I I I l I " i ; ~ '""I. . I, . , I. . ,'; EXHIBIT C DR. SHIENVOLD'S CUSTODY MEMORANDUM . , ._i .j: t,:; t';': :':.. t. - ~ .~~, . ". It~; !\ .....~ ,'; .lpS\'':'~~~'Mf7~lJ.~~(~'fv.'\f.'r'~';'T~......,~.1 : :::::':'. '-,'. '.1 ....".;:'....,'.'. .,...."....... , . Elliot Riegler, Ph,D, Arnold T. Shienvold, Ph:D: Melinda Eash, M.S, Wayne Trotta, M.S, James W. Ensh, L.S.W, Michael J. Asken, Ph.D. Donnie Howard, Ph.D. ^my K. Keisling. A.C.S.W" L.S.W, Gayle Sicchitano. M.S. Don Lawrence, L.S.W. ! ;1 ".j~\~:.?, ::'-::" ,,". ..". . :'.." ".:; . /~:..~. Memorandum of Understanding Scott and Susan Pickford ...... ':.:-"':,,'. ." J: , Scott and Susan Pickford have come to the following agrecments regarding the custody , of their two children, William and McKenzie. 1. They will share legal custody ofthe children as defined by Pennsylvania law. . 2. Susan's residence shall be the primary physical residence of the children. Scott shall cnjoy , , periods of partial custody every Tuesday and Friday from 5:00 pm until 7:30 pm, Additionally, , the children shall be with Scott on alternating weekends from Friday at 5:00 pm until Sunday at , 7:30 pin. " :'{:'&ch parent shall be entitled to up to fourteen days of vacation, not to be taken in greater than .:,,,' ',;' 7 ilay blocks, with the children, The intention to utilize the vacation time shall be made known to ,,<~\.i:'::<)h?2ti}~fparent at least 30 daY!lm advance,' Furthermore, the vacationing parent shall provide as ~';';;~;<~;:}};.;A:?'?'iJ!:1?J~t~~ it~e~~. as p~s~j~}~, ~.?:t.~:~ .~t~er.p'arent.. This list should include..ph.one numbers "'c::;":',.~;,~~Ij.~rl!J~.~,children will be staymg,as well as emergency numbers. Furthermore, both parents 7,' :':', ':":,'ligre~jo liiake the children available for phone contact at least two times during a given vacation :.'.~.. :;".... ~,1:' ...... "d' ' . . . ;':'i:;':,~1.P!l,1'!P. ' ",,:);::-~~~~f;i.;l~:.~i;l~~~~!'::';..,,.. '. .... . .';:. . '. .;.' :.:.;'.tf:,';'4:"~.\YItIi respect to time with the children at holidays, the following was agree upon: .,';: ',':,f, 0'" ,,'/ A:. Mother's Day and Fathers's Day: The children shall be with the respective parent from ....... l' . ., .. ';" ,,;",', Sunday at 9:00 am until Sunday at 7:30 pm. ...:';,' :', 13: Memorial Day: The children shall spend from 9:00 am to 7:30 pm with their father in even "':,,':.',;;,',J'!,','years and with their mother in odd years. , ' ..' . ,; C. Labor Day: The children shall be with their mother in even years and their fathcr in odd ",' ", .:.:.' years on the Monday of the, holiday from 9:00 am to 7:30 pm. , . ", .. ,:D"Christmas: The Christmas holiday shall be dividcd into two segments. Segment A shall . '" be from Christmas Eve until 3:00 pm Christmas day, Segment B shall'be from 3:00 pm Christmas day until 10:00 am on Decembcr 26lh. For 1998 and 1999 the children shall be With their mother for Segment A and with their father for Segment B. Beginning with the year 2000, the children shan be 'with their father for segment A in all even years and with , ". their mother for Segment A in all odd years. , ':.E, New Years: The children shall spend this holiday with their mother. However, if the ",:it,;::<( ,':: :', holiday falls on a regularly scheduled visitation with father, father shall be given an .:,:;;;{,:.:~\:.~" :,'" ,altemate time to visit with the children. '>:~:;.; ;~it:',i:>i:; :::;p. ~llSter: Thi.s holiday shall be divided into 2 segments. Segment A shall be from 6:00 pm of \'~~"~~;;~flt~f:;;/"'/':, Saturday evening until noonoi(Easter day. Segment B shall be from noon until 6:00 pm .}Yf,~i~t~{~)J.{(~\;~{:.,: . '<~~~Jf~::',~1~7);,51qc1,4i6 0(717) 540-1313 02151 Linglestown Road, Suite 200 0 Harrisburg, Pcnnsylvania 17110 "3't.~"~~'\'-"1;i.~1. ....J.....;,...,. .. . ~~(.(jr. " ::- :J>~...l.~!"~~,~;~'{"'.~~,.' '" , ,\~ "j:l'''''''';'''~2t~''' """\' .. . .;..... . .i . '. ~"i.(:.~'.?.f:.}i,.'.:/;"..: i !" :, I , I i , < (; , ~ I \ "" "1'",-, .' l \ ,..'...".:' ~. . . ',' c; .., :..~.':~.,........I ."'(.:,,, . 'd'!;":u -r.'t,.J'.;' V;~;'/~':I;;~;.i.r,:.....;.;'..~~:..:..-..:'.W'irt-.':'. 1l.,,;;..,:.oJ. '.-': , ' , .. ~'l. ,-, ,.'~ ':.-. ,., . : ~.,....!; -, '0 :".',~.. \ ,t; " '. I \ ..,1. , , .:.,',' " , Pagc 2 RE: Pickford v, Pickford on Eastcr day. Mother shall have segment A in odd ycars and Father shall have scgment A in cven years. Q, Thanksgiving: Thc children shall bc with their mother evcry Thnilksgiving Day until Friday moming, Father shall be allowcd a 2 hour visit, from 5:00 pm until 7:30 pm on Thursday. Thc childrcn shall be with their father from Friday morning until Sunday at 6:00 pm. H. Halloween: The parents agrcc to alternatc who shall take the children to the Halloween Parade and who shall take the children trick or treating. In odd years, Scott will takc thc childrcn to trick and treat and Susan shall takc them to paradcs. They will revcrsc roles in cven years. I, Fourth of July: In odd years thc children shall be with their mothcr from 9:00 am until 10:00 am on July Sib. Father shall have them for that timc period in even ycars, J. Children's Birthdays: !fa birthday falls on a weekday, the non-custodial parent shall bc allowcd a visit with that child from 5:00 pm to 7:30 pm. Ifthc birthday is on a weekend day, thcn a 3 hour visit will bc allowed. . 5. Both parentS agree that thc childrcn may be left in the carc of another family member for not more than 4 hoiirs,'without thc conscnt of the non.:custodial parent.; In thc e."cnt thatearc is , necessary beyo~d 4liours, the non~cu~odial paren~' shall bc giy~n.t.h~J:ightof first refu.sal to care .' , for thc children;:; A11'other child care providers muStbe'nllitlially'iigreooupon by thc parcnts. " ;',", , ,." '-';'; '. <~., , ;:. .: .' . . ,.....': . .":.. :. , ':;-':'~,:- :.:: 6, Each parent will bc rcsponsible for. obtaining school infonnation on'thcir own. In the cvent that activities,ll1'e planned on short notice by thc school, the custodial parent will make the infonnation availablc to the non-cust'odial parent as quickly as possible. ': ",~..' ',' , 7. In thc event ofthe death of cither parent, the surviving parent shall provide, regular visitation with thc matef!1a! grandparents and seasonal opportunities for visits With thc maternal and patcrnal extended family, including Scott's step-mother, in accordance y;ith degree of contact established during thc time of thc marriage. , " " .", ,:'" ' " '.', .' .':,' 8. Scott and Susan agree that tbis custodial arrangement can bc changed on a temporary b'asis upon the mutual consent of both partics. It is theirgoal to be as flexible as possible in'providing , access for thc children to cach parent. ' ' .. , The af'~nts agrce to begin thc implc ntation oa'hisagreement in January of1999: It is ' un ood that there arc unresolvcd issues, cfully regarding travel with the children beyond , , " " ' '. ~; . , ,.'-' " ' .~:., .... . " " ._:t .,.._... .'. ...,.... . . ., . . , " . Page 3 RE: Pickford v. Pickford the Harrisburg area and exposure of the children to activities around water, that may need to be decided by a Judge. Until those issues arc resolved, the parents agree not to do either of those activities with the children. Arnold T. Shienvold, Mediator . . . . "l'.' "J" ... .' :;....', '~;" . .,'. , . ". ...,...,.....'ol...;....;.o.....~.".........,..~ .. . ... . '. .".::~''':'-'.: :,:'; ::: :. ; , "'1',; \'.' , " ....,.:.1 "'., )'.-;;:\''' . . ,';' ";' ..' "';'.' .'~,. .... :..:..:.: .. '_.~.-. . ....., THOMAS D COULD 717 761 197.. P..,2 . . . . . '.. . , . . , l'I~fi: :? 'S2 iUS3 1717763~.:.r;s 717 761 1;'''--1 (\11 TG: TO: $(011 PI,kfOld FROM: Susan Pi,kford DATE: 3/1S/99 R1!: This weekend and swImming cc: Tom Gould l:un pleased thaI the chiJdrtrl have linally begun COIlntellns. I feel confidenlrhat Ml Hart can help rhem bolh lhrough the tIlllfWion. r..r and sadnm that this sllU4lion has brought upon them. I WIlS happy 10 see thaI everyona enjoyed Ihe extra rime lhal you had together followIng th. ,ouns.ling. Wilh regard 10 this weekend. I appreclat. your cooperation in aiming thaI Ihe children will accomplJ1Y m.to AIl .vent in Hershey OIl Salur~y that will go intu the evening houts. The following schedule would seem a;>propriele. Friday .vening S to 7:30 \>ilh you Saturday. swimming 12:00 both of us remainder of Setutday with m. (if William is slill awake on DIY return from Hershey. I willlak. him to your place for his overnight.) Sunday. 10:00106:00 with you If~ou would rather have William spend his overnight on FridA~ until Saturday's swimming time that would be fine wilh me. With regard ro Mackenzie. Since our COUrt expcricn~ In February, sh. h., become increasingly fearful of going \>ish you. Prior 10 that you allowed her 10 come home when she felt the ne.d fer thaI s~urity. When we agreed 10 Inereue .ililltions incrementally wilh the propo>td schedule, Jt was intended that "successful overnightS" meant thaI. comfon lovel hll$ betn reached both on your part and on Ihe pon orth. children. especially Mackenzi.. Whco you 5Uddenly denied Mackenzio tho security of knOwing thar she could come home when she needed to. you scared her and added 10 her insecurity. When sh. began Spending nishls wilh my mother, she brouihc her ham. whenever.sho askcd fer about. monlh (sometimes in the middle of the nighl) beforo MackSllZie felt comfonable enough t~ slay the nighl. There ar.still times (though rare) thac she opts to come hOll1e ralh...lhan Slay ar Nano'J. If you allow her the opporrunlty ro decide when sho is ready, I think you'll find Ihat it will hAppen SOOner Ihan you think. Mo,kcnzle may be very artlculat. and appear very mONr. for her ego, bue she is Sllll only J yesn old. Her need (or security and her concept oftime arc Ihm of a very Y01lll8 loddler. I Wlnt her to have a Sood r.latlonshlp with you and she WlIIlS ono, too, bul if you contJnu. to pressuro ber pbyslcally and emotionally 10 be with you whCllshe's nor ready, you will damage thaI relatIonship permanently. All rhal said, she wlll not be spending overnighls unrll she and Iho c:ounselor fealthat she is ready. If, next weekend, you would like 10 have the children all day Salurdly and all day Sunday. rttuming Mlckenzio at 6:00 Saturday niibt (or OIlli.. if she IISleJ) il may help her 10 begin 10 feel mar. comfortable. With reward to swimming. Beginning this woekmd Ihe Jessons will be at the East Shore YMCA 1112:00. Rob Silbaugh will be leaching them mere. The children are very comfortable wilh Rob and I beli..... it is ben.ficial fur them to foUow him lhere. r. :\.., . proposal, but rather created his own which included numerous terms and conditions inconsistent with the terms made of record before this court. A copy of Defendant's Custody Stipulation is attached as exhibit B. 2. Admitted. 3. Admitted that Exhibit C is the Memorandum of Understanding prepared by Dr. Shienvold. Denied that it was fully incorporated as the basis of the custody agreement dictated on February 8, 1999. Rather it was agreed that the custody schedule outlined in Dr. Shienvold's memorandum was to be substituted by the new terms outlined and agreed to by the parties on February 8, 1999. The general terms of that modification were presented to the court, with the parties to execute a comprehensive agreement in the near future. As stated in answer to paragraph 1, defendant submitted a proposal with the custody schedule terms to plaintiff which has not been accepted. 4. Admitted. By way of further answer defendant counsel's March 8, 1998 letter was preceded by a February 18, 1998 letter w/proposed agreement and March 5, 1999 letter which led to the March 8, 1999 letter. Copies of February 18 and March 5 letters are attached as exhibit C. 5. Admitted. 6. Admitted. 7 . Admit ted. ,". 8. Admitted that defendant believed that terms of an agreement were reached on February 8, 1999. It is denied that the terms were made an order of court. I t is admitted that the transcript and the order of court speak for themselves. 9. It is denied that plaintiff completed four consecutive Saturday overnights. Rather plaintiff's weeks were interrupted due to his travel out of the area. Dy way of further answer, Mackenzie, the parties' three year old daughter, experienced extreme emotional difficulty and physically and verbally expressed a desire to not go with her father. Defendant requested the professional intervention of a licensed child psychologist to assist the children in the transition. This professional intervention was part and parcel to the terms of the custody agreement set forth on February 8, 1999. 10. Denied that defendant has unilaterally denied plaintiff his custodial rights. Rather, defendant has consistently offered opportunities for plaintiff to spend quality time with his children. Admitted that due to Mackenzie's emotional reactions and insecurity, and upon advice of the children's psychologist, defendant has not forced Mackenzie to spend both Friday and Saturday overnights with plaintiff, however Mackenzie does spend each Friday and Saturday evening with plaintiff. By way of further answer, on one occasion when plaintiff agreed not to take Mackenzie for an overnight, due to her highly emotional state, defendant comforted her and personally took her to plaintiff's house. 11. Denied that defendant has unilaterally determined to revert to some other schedule. Rather, the terms of the transition custody schedule agreed to on February 8, 1999 was developed to permit the children to obtain a comfort level consistent with their emotional stability. On advice of the children's psychologist, and discussions with plaintiff, defendant has not forced Mackenzie to spend Friday and Saturday overnights with plaintiff. Mackenzie has spent Friday and Saturday evenings and all day Sunday every weekend with plaintiff. Mackenzie has requested that her overnights be limited. Plaintiff has called defendant for her to come to his home and take Mackenzie prior to her going to sleep. 12. Admitted that the children are now being seen by a licensed psychologist whose primary practice involves children. Denied that plaintiff's efforts were reasonable in initiating the counseling. 13. Admitted. By way of further answer, nothing in the record denies the defendant the right to act in the children's best interest. Nor does the record permit plaintiff to arbitrarily move forward with a transitional custody schedule to the detriment of his children. 14. Admitted. 15. Admitted that the terms, as modified by the parties, of Dr. Shienvold's memorandum are currently valid. 16. Admitted. :r 1 ' .~. 17. Denied that defendant's represented that counsel plaintiff would have "his" entire weekend on March 12, 1999. Rather, due to concern for the children, the parties had never implemented paragraph 2 of Dr. Shienvold's memorandum. plaintiff who unilaterally attempted to dictate to defendant that It was she force the children to spend the entire weekend, including two Overnights, with plaintiff. 18. Denied that defendant's vocation has any relevance to this matter and defendant moves to strike this allegation. If the allegation is not struck, defendant admits that she has an inactive license to practice law in Pennsylvania and California. By way of further answer, it is admitted that defendant has not earned a living practicing law in more than five years. 19. Denied that defendant has "engaged in knowing and wilful warfare" or in any other way deemed herself to be the ultimate authority of her children. Rather, she has always been willing to abide by the advice of professionals working on behalf of the children. Rather it has been the plaintiff who has conducted himself in a manner inconsistent with the best interests of the children. Defendant has not violated the February 8, 1999 Order of Court. 20. Denied. The parties did agree on February 8, 1999 to involve a licensed professional in the custody transition and to seek the advice of that professional. A copy of the Consultation :' 'I !'.I i\: ili , , /. I: , .' , ., , '"" Report of Nicolee M. Hiltz, Ph. D. is attached as exhibit D. Admitted that a specific term to that effect was not dictated to the court or included in the Order of Court, hOl~ever, it was included in the February 8, 1999 discussions and the Custody Stipulation prepared by defendant. It is denied that defendant has intentionally manipulated terms of a custody agreement. Rather as evidenced by plaintiff's proposed custody stipulation, it is the plaintiff who has attempted to modify the terms agreed to on February 8, 1999. 21. Admitted. By way of further answer, the participation in counseling would have no purpose if the parties were not to heed the advice of the professional. The best interest of the children is the concern, not the adherence to a rigid schedule regardless of the effect upon the children. 22. Admitted that the children are in counseling with Jessica Hart. It is denied that defendant is denying plaintiff his custodial rights. 23. Denied that defendant is in contempt of the February 8, 1999 Order of Court. It is denied that defendant has violated the terms of the February 8, 1999 Order of Court. It is denied that plaintiff is being denied ample healthy time with his children. 24. Admitted that plaintiff is entitled to custodial periods of time with the children consistent with their best interest. It is suggested that the parties follow the advice of the children's psychologist, Jessica Hart. 25. Denied that plaintiff has ever participated in any clearly defined periods of partial custody. However, based on professional recommendations, defendant believes that the children would benefit from regularly scheduled periods of partial custody with plaintiff so that he may attempt to provide his children with a loving, caring and nurturing relationship. WHEREFORE, plaintiff's petition should be dismissed and plaintiff should be ordered to reimburse defendant for costs and fees, including attorney fees associated in defending this frivolous action. NEW MATTER 26. Paragraphs 1-25 of the complaint and answer are hereby incorporated as if set forth in length. , I ,I !' 1\ II 'I I, if if I , ~ \ . \ . n 27. Plaintiff has not been denied partial custody of his children. 28. Plaintiff has had partial custody of his children every weekend since January 1998. 29. Defendant has consistently encouraged plaintiff to spend additional time with his children. 30. Plaintiff has on a number of occasions returned the children earlier than the scheduled time due to his inability to " ." , , :1 : \, , " I I properly care for the children's needs. " I, I .. I:..... 31. Defendant has, by necessity, made herself available to care for the children during plaintiff's scheduled times of partial custody with the children. 32. Plaintiff, although specified under the terms of Dr. Shienvold's memorandum of understanding, never requested that the children stay an entire weekend from Friday through Sunday with him. 33. Until the filing of this petition, plaintiff never stated that he would not follow the advice of the children's professional counselor. 34. Plaintiff has not denied that Mackenzie is emotionally troubled by her overnight visits with plaintiff. 35. Plaintiff has not stated that it is in Mackenzie's best interest to require defendant to forcibly place her in plaintiff's vehicle. WHEREFORE plaintiff's petition should be dismissed. Respectfully submitted, ~_D.~ Thomas D. Gould Attorney for defendant 1. D. 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 \~ ,,' I' ( j I I , I I I " \...... SCOTT D. PICKFORD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98 - 0673 CIVIL TERM SUSAN K. PICKFORD, Defendant CIVIL ACTION - LAW CUSTODY ACTION CUSTODY AGREEMENT THIS AGREEMENT, made this ____ day of , 1999, by and between SCOTT D. PICKFORD, hereinafter referred to as Father, and SUSAN K. PICKFORD, hereinafter referred to as Mother. WITNESSETH: WHEREAS, Mother and Father are the parents of WILLIAM SCOTT PICKFORD, born May 3, 1993 and MACKENZIE REED PICKFORD, born December 18, 1995; and WHEREAS, Mother and Father wish to enter into this Custody Agreement to settle and resolve the outstanding issues regarding the custody of their children; NOW THEREFORE, it is agreed by the parties that: 1. Mother and Father shall share legal custody of the I ( , . ,., f [ I, { I f I, iiu, i"\. children, which means that each party is to have equal access to the children's personal, school and medical records and each party is to inform the other of significant events that occur in the children's lives. 2. Mother shall enjoy primary physical custody and the Mother's home shall be the primary residence of the children. 1Z,J..,b; + A 3. Fa ther shall enjoy periods of partial custody every Tuesday and Friday from 5:00 p.m. until 7:30 p.m.. 4. Following the transition period set forth below Father shall also enjoy partial custody of the children on alternating weekends from Friday at 5:00 p.m. until Sunday at 7:30 p.m. a. Both children every Saturday from 5:00 p.m. until Sunday at 6:00 p.m., in town, for four (4) consecutive weeks. b. Upon completion of a, both children from Friday at 5:00 p.m. through Sunday until 12:00 noon, in town, for four (4) consecutive weeks. c. Upon completion of a & b, both children out of town for an overnight from Saturday 10:00 a.m. until Sunday at 6:00 p.m. d. Upon completion of a, b & c, both children out of town, within Pennsylvania, from Friday at 5:00 p.m. until Sunday at 6:00 p.m. e. Upon completion of a, b, c & d, both children for a week long vacation within the local area, allowing for telephone contact with Mother one evening, or at the request of the children. The week would begin on Friday at 5:00 p.m. and end on the following Friday at 5:00 p.m. Father shall use one of his four (4) weeks of vacation from his employer during this vacation with his children. f. At other times as mutually agreed. 2 g. During this transition period, and continuing if necessary, Mother and Father agree to participate regularly in counseling with a licensed psychologist or psychiatrist whose primary practice involves children issues. It is the intent that this professional shall be an advocate for the children and work with the parents to reduce the stress on the children. The professional shall be chosen by Father. The cost of the counseling shall be shared equally by the parents. 5. During and after the transition period, the following holiday schedule shall be in effect: a. Mother's Day and Father's Day. The children shall be with the respective parent from Sunday at 9:00 a.m. until Sunday at 7:30 p.m. b. Memorial Day. The children shall spend from 9:00 a.m. until 7:30 p.m. with Father in even years and Mother in odd years. c. Labor Day. The children shall spend from 9:00 a.m. until 7:30 p.m. with Mother in even years and Father in odd years. d. Christmas. The Christmas holiday shall be divided into two segments. Segment A shall be from Christmas Eve until 3:00 p.m. Christmas day. Segment B shall be from 3:00 p.m. Christmas day until 10:00 a.m. December 26. Mother shall have segment A in odd years and segment B in even years. Father shall have segment A in even years and segment B in odd years. 3 e. New Year Day. The children shall spend this holiday wi th their Mother. However, if the holiday falls on one of Father's regularly scheduled partial custody days, Father shall be given an alternate time to make up for his lost time. f. Easter. This holiday shall be divided into two (2) segments. Segment A shall be from 6:00 p.m. on Saturday evening until noon on Easter day. Segment B shall be from noon to 6:00 p.m. on Easter day. Mother shall have segment A in odd years and segment B in even years. Father shall have segment A in even years and segment B in odd years. g. Thanksgiving. The children shall be with their mother every Thanksgiving Day until Friday morning. Father shall be allowed a two and one-half (2 ~ ) hour visit, from 5:00 p.m. until 7:30 p.m. on Thanksgiving. The children shall be with their Father from Friday morning until Sunday at 6:00 p.m. h. Halloween. The parents agree to alternate who shall take the children to the Halloween parades and who shall take the children trick or treating. In odd years, Father shall take the children trick or treating and Mother shall take the children to parades. In even years, Mother shall take the children trick or treating and Father shall take the children to parades. 4 i. Fourth of JUly. In odd years the children shall be with their Mother from 9:00 a.m. until 10:00 a.m. on July 5. In even years the children shall be with their Father from 9:00 a.m. until 10:00 a.m. on July 5. j. Children's birthdays. If a child's birthday fails on a weekday, the non-custodial parent shall be allowed a visit with the child from 5:00 p.m. until 7:30 p.m.. If the birthday is on a weekend day, a three (3) hour visit will be allowed. 6. Mother, and Father following the transition period, shall be entitled to up to fourteen (14) days of vacation with the children, not to be taken in greater than seven (7) day blocks of time. The intention to utilize the vacation time shall be made known to the other parent at least 30 days in advance. In addi tion, the vacationing parent shall provide as complete an itinerary as Possible to the other parent. The itinerary shall include phone numbers where the children will be staying, as well as emergency numbers. Both parents agree to make the children available for telephone contact with the non-vacationing parent at least two (2) times during any given vacation period. 7. Both parents have safety concerns about the children being in and around water. Until each of the children have been able to consistently perform the skills set forth in appendix A to a competency approved by a swimming instructor or aquatics director of the YMCA in Camp Hill, Father agrees not to take the children to 5 a body of water, including lakes, rivers or private pools with the intent to go into the water unless it is at a public supervised pool (NEVER TO THE OCEAN) and the restrictions set forth below are met. At no time will Father allow the children to go into a body of water, other than a supervised public swimming pool, until they have met the restrictions set forth in appendix A. Both parents shall equally share the expenses and are encouraged to participate in the swimming classes at the YMCA. a. The children must wear a Personal Floatation Device (PFD) at all times. b. Father must be in the water with the child and remain no more than five (5) feet away from the child. c. If father has both children at the site of the water, he must have another responsible adult present and at no time may a child be in or near the water without a responsible adult within five (5) feet. 8. Both parents agree that the children may be left in the care of another family member for not more than four (4) hours, without the consent of the non-custodial parent. In the event that care is necessary beyond four (4) hours, the non-custodial parent shall be given the right of first refusal to care for the children. All other child care providers must be mutually agreed upon by the parents. 6 9. Each parent shall be responsible for obtaining school information on their own. In the event that activities are planned on short notice by the school, the custodial parent will make the information available to the non-custodial parent as quickly as possible. 10. In the event of the death of either parent, the surviving parent shall provide regular visitation with the maternal grandparents and seasonal opportunities for visits with the maternal and paternal extended family, including Father's stepmother, in accordance with the degree of contact established during the time of marriage. 11. The parties agree that this custodial arrangement can be changed on a temporary basis upon the mutual consent. of both parties. It is the parties goal to be as flexible as possible in providing access for the children to each parent. 12. I f the parties are unable to agree on an acceptable custody schedule, they agree to seek the assistance of a custody conciliator/mediator, with the cost to be shared equally. 13. Both parents understand the need to provide a loving and stable environment for their children. 14. Mother and Father agree to place any personal differences aside and work for the best interests of the children. 15. The parties shall provide for reasonable telephone access to the children. 7 16. Neither party shall make derogatory comments about the other in the presence or her.lring of the children, nor ask the children to keep information from the other parent. 17. Each party is to inform the other of any change in employment, residence and/or telephone number. 18. This Agreement shall supersede any and all other Agreements or Stipulations concerning the custody of the children. 19. This Agreement shall be made an Order of Court. ATTORNEY DATE SCOTT D. PICKFORD ATTORNEY DATE SUSAN F. PICKFORD j 8 ! II r !l /I iL , \~ ! J'L ill , . i;,. : pi, j \ ~ 1'1 ~ j il! , . I: 1-' - ' " , ,~ ,. APPENDIX A MINIMUM WA'l'ER SAFETY Rf:QUTlIEMENTS Each child must be able to understand the rules and consistontly perform each of the skills set forth bolow 1. Float on the front and back for 15 seconds 2. Kick on front for 25 yards w/kickboard 3. Kick on back for 25 yards w/kickboard 4. Swim 25 yards wI rhythmic breathing w/PFD 5. Swim 25 yards any stroke w/o PFD 6. Swim 25 yards with PFD 7. Jump into the water and climb out with a pro 8. Jump into the water and climb out w/o a PFD 9. Perform the survival (deadman's) float for 1 min. w/prD 10, Dive into the water from a sitting position w/o prD 11. Dive into the water from a kneeling position w/o PFD 12. Dive into the water from a standing position w/o PFD 13. Jump into deep water and begin bobbing 14. 8e capable of getting in and out of a boat from the side while in the water. This skill must be learned prior to the children riding in or on a water craft intended for personal use. The following safety rules must be learned & demonstrated: 1. Diving safety 2. Safe water entries 3. Throwing assists 4. Jumping into water safely 5. General pool rules a. No running b. Never go near a pool w/o grown up or teacher c. Never go in pool with no lifeguard on duty d. Always jump feet first into shallow water e. Never play on the steps or ramps f. Never grab onto another person's cube or other PFD 9 j r f f I t \~ I \ ,...... Feb-16-99 O~:19P James A. M1"er. Esquire 717-236-8747 P.Ol ............. V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 98 - 0673 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION SCOTT D. PICKFORD, Plaintiff SUSAN K. PICKFORD. Defendant CUSTODY AGREEMENT THIS AGREEMENT, made this day of 1999. by and between SCOTT D. PICKFORD. hereinafter referred to as Father and SUSAN K. PICKFORD. hereinafter referred to as Mother. WITNESSETH: WHEREAS. Mother and Father are the parents of WILLIAM SCOTT PICKFORD. born May 3.1993 and MACKENZIE REED PICKFORD. born December 18. 1995: and WHEREAS, Mother and Father wish to enter into this Custody Agreement to settle and resolve the outstanding issues regarding the custody of their children: NOW THEREFORE, it is agreed by the parties that: 1. Mother and Father shall share legal custody of the children, which means that each party is to have equal access to the children's personal. school and medical records and each party is to inform the other of significant events that occur in the children's lives. 2. Mother shall enjoy primary physical custody and the Mother's home shall be the primary residence of the children. 3 Father shall enjoy periods of partial custody every Tuesday and Fnday from 5:00 p.m. until 7:30 p.m.. Exht't./I..+- B Feb-16-99 03:20P ~ames A. Miller. Esquire 717-236-8747 P.02 4. Following tne transition period sel forth below Father shall also enjoy partial custody of the children on alternating weekends from Friday at 5:00 p.m. until Sunday at 7;30 p.m. a, Both children every Saturday from 5:00 p.m. until Sunday at 6:00 p.m., in town, for four (4) consecutive weeks. b. Upon completion of a, both children from Friday at 5:00 p.m. through Sunday until 12:00 noon, in town, for four (4) consecutive weeks. c. Upon completion of a & b, both children out of town for an overnight from Saturday 10:00 a.m. until Sunday at 6:00 p.m. d. Upon completion of a, b & c, both children out of town. within Pennsylvania, from Friday at 5:00 p.m. until Sunday, at 6:00 p.m. e. Upon completion of a, b, c & d, both children for a week long vacation Within the local area, allOWing for telephone contact with Mother one evening. or at the request of the children. The week would begin on Friday at 5:00 p.m and end on the following Friday at 5:00 p.m. f. At other times as mutually agreed. g, During this transition period, Mother and Father agree to participate In counseling with a counselor to ease the children's adjustment. It is the intent that this professional shall work with the parents to reduce the stress on the children. The professional shall oe chosen by Father. 5. During and after the transition period. the following holiday schedule shall be in effect: a. Mother's Day and Father's Day. The children shall be with the respective parent from Sunday at 9:00 a.m. until Sunday at 7:30 p.m. b. Memorial Day. The children shall spend from 9:00 a.m. until 7:30 p.m. With Father in even years and Mother in odd years. c, Labor Day. Tne children shall spend from 9:00 a.m. unW 7:30 p.m. with Mother in even years and Father in odd years. d. Christmas. The Christmas holiday shall be divided into two segments Segment A shall be from Christmas Eve until 3:00 p.m. Christmas day. Segment 8 shall be from 3:00 p.m. Christmas day un1il1 0:00 a.m. December 26. Mother shall have segment A in odd years and segment 8 in even years. Father shall have segment A in even years and segment 8 in odd years. e. New Year Day. The children shall spend this holiday with their Mother. However. if the holiday falls on one of Father's regularly scheduled partial custody days. Father shall be given an alternate time tc make up for his lost time. f. Easter. This holiday shall be divided into two (2) segments. Segment A shall be from 6:00 p.m. on Saturday evening until noon on Easter day. Segment B snail be from noon to 6:00 p.m. on Easter day. Mother shall have segment A in odd years and segment 8 in even years. Father shall have segment A In even years and segment B in odd years. 9. Thanksgiving. The children shall be with their mother every ThanksgiVing Day until Friday morning. Father shall be allowed a two and one-half (2 ) hour visit. from 5;00 p.m. until 7:30 p.m. on Thanksgiving. Tne children shall be with their Father commencing Thursday evening at 5:00 p.m. until Sunday at 6:00 p.m. h. Halloween. The parents agree to alternate who shall take the children to the Halloween parades and who shall take the children trick or treating. In odd years, Father shall take the children trick or treating and Mother shall lake the children to parades. In even years, Mother shall take the children trick or treating and Father shall take the children to parades. L Fourth of July. In odd years the children shall be with their Mother from 9:00 a.m. until 10:00 a.m. on July 5. In even years the children shall be with their Falher from 9:00 a.m. unu110;00 a.m. on July 5. ~' Feb-16-~9 03:20P ~ames A. Miller. Esquire 717-236-8747 P.04 j. Children's birthdays. If a child's birthday fails on a weekday, the non-custodial parent shall be allowed a visit with the child from 5:00 p.m. until 7:30 p.m.. If the birthday is on a weekend day, a three (3) hour visit will be allowed. 6. Mother, and Father following the transition period, shall be entitled to up to fourteen (14) days of vacation with the children, not to be taken in greater than seven (7) day blocks of time. The intention to utilize the vacation time shall be made known to the other parent at least 30 days in advance. In addition, the vacationing parent shall provide as complete an itinerary as possible to the other parent. The itinerary shall include phone numbers where the children will be staying, as well as emergency numbers. Both parents agree to make the children available for telephone contact with the non-vacationing parent at least two (2) times during any given vacation period. 7. Both parents have safety concerns about the children being in and around water. Until each of the children have been able to consistently perform the skills set forth in appendix A to a competency approved by a swimming instructor or aquatics director of the YMCA in Camp Hill, Father and Mother agree not to take the children to a body of water, including lakes, rivers or private pools with the intent to go into the water unless it is at a public supervised pool (NEVER TO THE OCEAN) and the conditions set forth below are satisfied. At no time Will Father or Mother allow the children to go into a body of water, other than a supervised public swimming pool, until they have satisfied the conditions set forth in appendix A. Both parents shall equally share the expenses and are encouraged to participate in the swimming classes at the YMCA. a. The children must wear a Personal Floatation Device (PFD) at all times. b. The parents must be in the water with the child and remain no more than five (5) feet away from the child. c. If the parent has both children at the site of the water. he or she must have another responsible adult present and at no time may a child be in or near the water without a responsible adult within five (5) feel. , i I 11 , > i j ; , /., i' Feb-16-~9 0~:21P James A. Miller! Es~uire 717-236-8747 P.OS 8. Both parents agree that the children may be left in the care of another family member for not more than four (4) hours, without the consent of the non-custodial parent. In the event that care is necessary beyond four (4) hours, the non-custodial parent shall be given the right of first refusal to care for the children. All other child care providers must be mutually agreed upon by the parents. 9. Each parent shall be fesponsible for obtaining school information on their own. In the event that activities are planned on short notice by the school, the custodial parent will make the information available to the non-custodial parent as quickly as possiols. 10. In the event of the death of either parent, the surviving parent shall provide regular visitation with the maternal grandparents and seasonal opportunities for visits with the maternal and paternal extended family, including Father's stepmother, in accordance with the degree of contact established. It is acknowledged that Mackenzie has never met Father's step-mother and that in the event of Father's death, Mother shall provide Father's step-mother with annual villitation of the children at Mother's and Father's step-mather's mutual convenience. 11. The parties agree that this custodial arrangement can be changed on a temporary basis upon the mutual ccnsent of both parties. It is the parties goal to be as flexible as possible in providing access for the children to each parent. 12. Both parents understand the need to provide a loving and stable environment for their children. 13. Mother and Father agree to place any personal differences aside and work for the best interests of the children. 14. The parties shall provide for reasonable telephone access to the children. 15. Neither party shall make derogatory comments about the other in the presence or hearing of the children, nor ask the children to keep information from the other parent. 16. Each party is to inform the other of any change In employment, residence and/or telephone number. I , ( I I \ i' il iI" U. " 'f: I' i , " I' ". reO-lb-~~ U~:~~~ varnes A. M1 I le~. Esqu1~e 717-236-8747 P.07 AffENDIX A MINIMUM WATER SAFETY REQUIREMENTS Each child must be able to understand the rules and consistently perform each of the skills set forth below 1. Float on the front and back for 15 seconds 2. Kick on front for 25 yards w/kickboard 3. Kick on back for 25 yards w/kickboard 4. Swim 25 yards w/rhythmic breathing w/PFD 5. Swim 25 yards any stroke 6. Swim 25 yards with PFD 7. Jump into the water and climb out with a PFD 8. Jump into the water and climb out wlo a PFD 9. Perform the survival (deadman's) float for 1 min. w/PFD 10 Dive into the water from a kneeling position 11. Dive into the water from a standing position 12. Jump into deep water and begin bobbing 13. How to get in and out of a boat from the side while in the water. The following safety rules must be learned & demonstrated. 1. Diving safety 2. Safe water entries 3. Throwing assists 4. Jumping into water safely 5. General pool rules a. No running around pool b. Never go near a pool wlo grown up or teacher c. Never go in pool without lifeguard on duty d. Always jump feet first into shallow water e. Never play on the steps f. Never grab onto another person's cube or other PFD rrfwmas rn. youel 2 EAST MAIN STReET SHI~e.\t"NSiOWN.PA I tOl1 .lrTORNEY.lTLAW (71117Jt.t45t FAX rel.li7' 0, February 18, 1999 James A. Miller, Esquire 122 Locus: Street Suite 100 Harrisburg, PA 17101 Re: Pickford Dear Jim: I have reviewed your counter-proposal with Ms. Pickford. Some of the changes are appropriate, others are not consistent with our p=io= discussions. ~~ se=ial: 1. Paragraph 4g. You deleted the requiremen: tha: Mr. Pickford be on vacation when he exercises his week long period. The purpose of the transition period was to allow the children and Mr. Pic:'<ford to get use to t:he e:<ter.ded ti.:ne together. The ul-;ma-a o'an ac~op~I_c: -0 you IS -0 ~a'- y- ~;c~.opd --~a the ...._~ '--. - ~ , .... _...._.... l.. , _ ... ...".... .._. .. _ "'-_ _ l..::....._ children to California for an extended period. He and the children need to adjust to that: time toget:her. !f Mr. Pickford is not on vacation during his week long t:ran5i:ion vacation, neither he nor the children will obt:ain the crooer oersoective for the trio to California. As you recall, it was you that advised me that" Mr. Pickford gets 4 weeks of vacation each year, and would use one of those weeks during the transition period. j 'I . \ , I j I , 2. Paragraph 5q. You dele:ed the requirement of a li.censed psychologist or psychiatrist: whose primary practice involves children. As I stated in my letter, ! based my language on the recommendation of Dr. Hiltz. All the parties reviewed Dr. Hiltz's report and used it to guide our thoughts regarding the best interests of the children. As a compromise I suggest the following language "During the transition period Mother and Father agree to participate regularly with a licensed psychologist or psychiatrist whose primary practice involves counseling parents regarding children. The purpose of the counseling will be to address the impact the custody schedule has on the children and to assist the parents in identifying and resolving the issues so as to reduce the stress on the children". You also deleted the part requiring the equal sharing of the cost of the professional. This was :0 your advantage, since under the current support order, Mr. i?ickford would be responsible for 80%. ~ ,,"< G~ia; b /1- c.. 3. Paragraph 9. ~ou changed the times and dats for Thanksgiving that were in the agreement from Dr. Shienvold. It was agreed that the Shien'lold agreement would not be changed. 4. Paragraph 7. You have applied the "conditions" to Ms. I?ickford. At no time in our discussion were the "restrictions" or "conditions" directed at Ms. I?ickford. The agreement, as stated to the Court, placed the "conditions" only on Mr. I?ickford. I: is Mr. I?ickford with the history of questionable judgment. ;.je were prepared to present the evidence on his judgment to the Co~rt, it was avoided only when Mr. I?ickford agreed to the "conditio:".s" set forth. Changing the term from "restrictions" co "conditions" is acceptable. 5. Paragraph 10. You again wording in the Shienvold agreement. agreemene, are not to be changed. have at:emceed to cha:-.ce the The Shienvoid terms, by ;utual That was stated to the Court. 6. Paragraph 12. I don't know if my paragraph ,,2 'lias deleted by error, or 0:-' purpose. This is a standard paragraph in my aq~eemen:s, pa::icula:ly whe~ the ~artie5 have a::eady negotiated the majo=~:y of the te=~s th=o~gh :he use 0: a ~e~:a:o=. However, if Mr. ~~ck:o=d does not want to see~ t~e assista~:; 0: a mediator, Ms. 2ickfor= will agree to =e~ove the ~a=ag=a?h. 7. Aooendix A. ~ou omiteed my ~"O, diving into :~e water from a siccing position. That was on the original list given to you at the hearing. I added the w!?FD to the dives to clarify the requirement. I don't believe that there is really any doubt :~a: it is inappropriate and dangerous to dive into che water wieh a P:D. In ~ 5 once again I added wlo ?FD to clarify ehe requirement. Requirement ~6 is to swim 25 yards with a ?:D, therefore #5 would be superfluous if it didn't mean wlo I?FD. I added "ramps" to #5e to bring it current co the new pools which have ramps, in addition to stairs, to accommodaee the handicapped. Ramps, li~e s:e?s, are not areas co play. :i:-.ally, you modified my ~14 to only require that the children ~now how to get in and oue of a boat from ehe side while in the waeer. I placed the realistic requireme:-.: that they be "capable" of geeting in and out of a boat. If they know how, but can't do it, ehe learned skill has no value. As with all the skill requirements, the children muse be able co do them for their own safety. Juse knowing how to swim, float or dive is not SUfficient, they must be able to demonstrate their ability to accomplish the task. I placed ehe requirement that the children gain this skill before riding on private water craft based on our discussions. You staeed that your client wanted to be able to go on a ferry or the Pride of the Susquehanna. It was agreed :hat he could do those things without endangering the safety of the children. If you ~an state thae language in some other way, I would be open to suggestions. '....' Please review my comments with your client. Hopefully we can wrap this up without the need to seek the Court's involvement. Since=ely, ~HP.~ Thomas D. Gould cc. Susan Pickford ( ( 'Ifwmas fj). (jou[cf 2 EAST MAIN STREET SHIREMANSTOWN.PA 170.1 ATTORNey AT LAW (717) 73,.,4e, FAX 78'.'974 March 5, 1999 James A. Miller, Esquire 513 North Second Street Suite 100 Harrisburg, PA 17101 Re: Pickford Dear Jim: Welcome to your new office. I have reviewed your letter of February 23, 1999 with Ms. Pickford. Although she appreciates Mr. Pickford's willingness to continue to offer his previous proposal, it still does not address Ms. Pickford's concerns. She has, and will continue to be a stay-at-home-Mom until Mackenzie enters school. She believes that raising children is a full-time job and deserves the respect of all working parents. If parents are willing to pay a stra~ger to care for their children, why isn't a parent who stays home to watch his/her own children of value as "employment". There is no question that the "working parent" employed outside the home has a greater financial burden, but the benefits to the children far outweigh the limited sacrifices placed upon the other parent. In this case, Ms. Pickford sacrificed her legal career for the benefit of the children. Mr. Pickford fully supported that decision. It was only after he abandoned the marriage and found another significant other that he reversed his position. He should be thinking of his children. To his, and Ms. Pickford's credit, the children are a treasure. Mr. Pickford could attempt to argue that the positive result could have been obtained even if Ms. Pickford had not stayed home and become an integral part of their life, but that would be pure speculation. The fact is that she did stay home, to the detriment of her career, and the children have flourished. Ms. Pickford asks that she be allowed to continue to work with the children as she has for the past 5 years. As William begins public school in the :all, she will be able to focus more time with Mackenzie. William has had 5 11 years of his mother's positive influence, Mackenzie deserves nothing less than equal time. This is not about money. This is about the best interests of the children. Any financial strain on Mr. Pickford is unintentional. When our clients lived together, Mr. Pickford made I ( ( substantially less money, yet they were able to make the necessary sacrifices for their children. It is unfortunate that the marriage has failed, but Mr. & Ms. Pickford's obligation to the children has continued. Ms. Pickford's last support proposal was the least that would allow her to continue with her obligation to the children. It was limited in duration and scope. Ms. Pickford remains determined to resume her career once the children have entered school. To accelerate that time frame would be selfish and detrimental to the children. Her original offer remains open. On Thursday I received a fax from Mr. Pickford. In his letter he indicated that he could no longer afford to provide financial support for William's pre-school. I don't understand. He is now paying $1,000.00 less per month in support. How can he take the position that he can't afford the $100.00 per week cost? He has been able, by agreement and without a stated financial hardship, to pay his share for the past 5 months. It is in William's best interest to remain in the pre-school program with familiar classmates and teachers. Mr. Pickford has suggested that William be placed into a public kindergarten class. William is not in kindergarten. He is in pre-school, which is not available in the West Shore school district. I am waiting for your reply to the custody schedule and terms. As I am sure Mr. Pickford has informed you, Mackenzie is having a difficult time adjusting. On at lease one occasion, she absolutely refused to go with her father. After Mr. Pickford left without her, with great deal of soothing and coaxing by Ms. Pickford, Ms. Pickford was able to convince her eo go. She personally took Mackenzie over to her father's apartment. The parties need to get a licensed professional involved in this matter immediately. The harm to Mackenzie could be devastating. If Mr. Pickford chooses not to pick a licensed professional, Ms. Pickford will make the choice. Until a licensed professional gets involved to evaluate the situation, Ms. Pickford will be unable to continue to force Mckenzie to go with her father. Your reply to the custody and divorce issues would be appreciated. Sincerely, 1&4' ~- ~ Thomas D. Gould cc. Susan Pickford Consultation Report Participants: Susan Picklord Thomas D. Gould, Esq. Consultant: Nicolee M. Hiltz. Ph.D. A consultation session was held on 2-5-99 atthc request of Thomas D. Gould and his client, Susan Pickford. The topic of the session regarded unresolved issues following recent divorce and child custody mediation services. Background information was provided by the aforementioned parties. In addition to their verbal accounts, a copy of Dr. Arnold Shienvold's mediation report was reviewed. According to the memorandum by Dr. Shienvold, agreement was reached between Susan and Scott Pickford regarding the majority of their custody and visitation concerns. Through mediation, they designed a mutually agreeable arrangement for their children, William (age 5) and Mackenzie (age 3). However, based on numerous unresolved concerns, the issues of out-of-town travel and water safety remained. Mrs. Pickford is concerned about William and Mackenzie's safety in their father's care and cited numerous incidences of near or actual injury which she believes have been the result of poor parental judgement. She is also concerned about the children"s anxiety and stress ifsubjected to sudden, lengthy periods of separation. Therefore. she asks that Mr. Pickford refrain from taking lengthy or long-distance trips with the children. Secondly, Mrs. Pickford asks that Mr. Pickford avoid taking the children near any bodies of water including: lakes, streams, pools. and spas. On this issue, she again cited several examples of Mr. Pickford's behavior which appear to have posed a threat to the safety ofthe children. Overall, Mrs. Pickford states that her goals involve the long-term physical and emotional well being of her children. She would like to achieve this with as little short-term disruption as possible. During the consultation, several issues and ideas were considered in order to achieve these objectives. According to Mrs. Pickford, she has been and continues to be the primary caregiver for the children. She stated that since their marital separation approximately one year ago, neither child has been away from her for more than about a day at a time. Although she stated that more libeml visitation has been encouraged, William has spent only single overnights with his father. Mackenzie has not yet participated in overnight visitations. Some of these visits seem to have been difficult for Mackenzie and have ended early. On other occasions she has asked not to go with her father. Mrs. Pickford is concerned that sudden, lengthy, or distant separation will be traumatic for the children. She fears that it will cause immediate stress for the children, undermine their sense of security, and damage their relationship with their father, making future visitations even more difficult for William and Mackenzie. G'"h, bit ::b With regard to physical salcty. Mrs. Picklord indicates that she would like thc childrcn to have consistent, responsible supervision. She believcs that there is a real threat of danger to thc children given hcr observcd close encountcrs and real injury under the care of their fathcr. She believes that this threat is hcightcncd if the children arc near water or other real hazards (i.e. crowds, strcets). Shc dcscribcs her children as being energetic, asscrtivc and casily lurcd by thcir curiosity. Given their ages and developmental stagcs which limit their abilities to accurately judge dangerous situations, she believcs that they need careful supervision. She is concerned that Mr. Pickford docs not utilize appropriate parental judgement and skills in many situations. At present, Mrs. Pickford indicates that she and Mr. Picklord agree on the chronology of events. Howevcr, they disagree about the serious nature or responsibility for these incidences. They also disagree about the resolution ofthe separation and safety issues. For example, Mrs. Pickford believes that Mr. Pickford's lack of judgement and supervision have resulted in numerous, unnecessary accidents, Givcn that history is often an accurate predictor of future behavior, she is concerned that he will continue to expose the children to danger. She stated that Mr. Pickford disagrees with this summation and attributes many of the incidences to chance or blames the children. Of those which he accepts responsibility, he has reportedly promised greater vigilance, but the lack of judgement has continued.. Regarding the resolution of these issues, Mrs. Pickford has requests that the children not go on lengthy or out-of-town visits with their father until Mackenzie reaches the age of6 years and William reaches the age of 8 years. She also requestes that neither child be taken near bodies of water until a water safety instructor believes that they arc capable of self-rescue and water safety skills. The children arc enrolled in swimming lessons at the West Shore YMCA to develop their skills. On the contrary, she states that Mr. Pickford requests that he be allowed to take the children to the pool and other bodies of water by June. He also requests that he be allowed to take the children on a trip to California. During the consultation, it became clear that a proposal should be developed which will address the needs of William and Mackenzie. Developmental appropriateness and the best interest of the children need to be primary considerations in the design of such a plan. In order to address the issue of separation anxiety, it should begin with the present "actual" partial custody arrangement and lead toward that which is outlined in the mediation report. To date, both children have spent most Tuesday evenings, Friday evenings, Saturday evenings, and Sundays with Mr. Pickford. William typically spends the night with his father each Saturday. Mackenzic has not spent an overnight with her father and sometimes leaves early. A gradual increase in time and frequency of successful visitations would likely be less stressful than a sudden, forced schedule. Furthcrmore, it should promote a healthy relationship between the children and their parents. By cooperating on such a plan. each parent will be acting as a positive role model, will be protecting their own and each others relationships with the children. and will be sensitive to the individual needs of each child. A professional experienced in child and family issues should be used for consultation and direct assessment of the custodial arrangements. This professional may request to see the parents or children individually, together, and/or with either parent at home or at the professional's office. This professional would be considered to be the children's advocate and may provide therapeutic services. 'I " '\ , " I i f " t ,,; \, '! , ,. I.... .., . '. With regard to safcty issucs, it was concludcd that both children arc currcntly at risk of harm as a result of poor parentaljudgcment by Mr. Picktbrd. Young or preschool age children like William and Mackenzie do not havc adcquatc skills and maturity to rcmain safe without appropriate adult care. While brict: local interactions seem to be reasonable, William and Mackenzie's risk ofhnrm would Iikcly be hcightened if they wcnt on Icngthy or out-of-town travcl with Mr. Picktbrd. By the time they both reach school age, they should have greater skilllcvels and maturity unavailable to most preschool age children. Therefore, their risk of harm should decrease despite the likelihood of poor parental judgement. In conclusion, it is requcsted that lengthy visitations, out.ot:town travcl with Mr. Pickford. or any abrupt change in the eurrent custodial arrangement be postponed until separation and safety issues have been resolved. Specifically, this would include the aforementioned graduated process of increased successful periods of partial custody with both children. It would also require that the children reach greater developmental maturity. Minimally. it is appropriate that both children be of school age. Furthermore, it is requested that Mr. Pickford avoid water activities and bodies of water until self-rescue and adequate water skills are taught and verified by a certified water safety instructor. , -..../ c:j-z V'/ ~f--L; ./ Nicolee M. Hiltz, Ph.D' Licensed Psychologisk. ~! 'r " ~ ,: . ts I" ~ ( ~:", , n r;; ~r;,~ rnr1'; 2:11 ".;-::1..:,' u:; ",' r::t.: J;:() ~C) >c.: ~ '0 '0 "'" -t:) '-'J N ...J ("> -n ~~ ,<v ,~ji ;(,j ~~1 '~~..; 11' ~; ~ ~~' hf: ~ tti~ i}'': '/' ,~ ::: ::j .';-n '!li:';':' "-In ;"j C:J :~.) 1, "-1'- :'-==11 ~'d.(i --'.-rn ~ -, ~n =< "I S' N (::> .. SCOTT D. PICKFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 9B-0673 CIVIL TERM CIVIL ACTION - LAW SUSAN FRITCHMAN PICKFORD, Defendant ~ ;:p,cl'; ~rll ;;:..;',,' (JI'~" .... .. r..:.{j ~ .....~'I ~ AND NOW, this 2Bth day of April, 1999, u#Qri .- C" consideration of Plaintiff's Petition To Enforce Terms ~ ~ Co.) IN CUSTODY \0 1.0 b ~ :.:J N l.O p rr .=e. 'II,!) ,- -',,.,.) ")0 I,", . <.":.iO ..... of d;ij ;"'( ) (5'-" ';;! ~ IN RE: AGREEMENT ORDER OF COURT February B, 1999, Custody Order and petition for civil Contempt for Disobedience of February B, 1999, Custody Order, and pursuant to an agreement reached in open court between the parties and their respective counsel, it is ordered and directed as follows: 1. The parties shall implement Dr. Shienvold's memorandum of understanding, identified as Exhibit 1, immediately, with the caveat that Defendant shall have Saturday, May 1st, Plaintiff shall have Sunday, May 2nd, Plaintiff shall have Saturday, May B, Defendant shall have Sunday, May 9, with Plaintiff commencing his alternating weekend Friday, May 14. 2. The parties shall submit to continuing counseling with Jessica Hart, with the costs to be shared equally between the parties. Jessica Hart will make recommendations which the parties agree to follow. 4. The parties shall continue the Y.M.C.A. swimming as defined by the February B Order of Court. The parties shall share the costs of the swimming lessons. 6. Plaintiff's first week of vacation shall be in the local area. If he wishes to take the children outside of the local area for that one-week vacation, Jessica Hart shall be included in such decision and her recommendation respected. By the Court, James A. Miller, Esquire 513 North Second Street Suite 100 Harrisburg, PA 17101 Counsel for Plaintiff Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 Co~nsel for Defendant - C<>-r<..~''''' ,-'7>''''':''&eG If/3D /19. .>J.~ srs ( 1. !I' '~ \, ".\ j .1 j.'I.l {l':, , 1~1'. ifl.i.,. 4,"', ~ ~':: J','; r ' i"~ r" ',,-i. ~ ,.,; ,",1 "\l'>~; p.' ,:\~" PLAINTIFF'S EXHIBIT .,...:~,): ..;~. ',.'.,'.' ' I '1-2.8 -'tq SiloS Memorandum of Understanding Scott and Susan Pickford ...,: . Elliot Rieglcr, Ph.D. Arnold T. Shienvold, Ph.D, Melinda Eash, M.S. Wayne Trona, M.S. Jal1lcs W. Eash, L.S.W. Michael J. Askcn, Ph.D. Bonnie 1I0ward, Ph.D. AI1I)' K. Keisling, A.C.S.\\'" L.S.W. Ga)'lc Sieehilano, M.S. Don Lawlcue., LS.W. Scott and Susan pickford have come to the following agrccmcnts rcgarding the custody oflhcir two children, William and McKcnzie. 1. They will sharc legal custody of the childrcn as defincd by Pcnnsyl\'ania law. 2. Susan's residcnce shall bc the primary physical rcsidcnce ofthc children. Scott shall enjoy periods of partial custody cvcry Tucsday and Friday from 5:00 pm until 7:30 pnl. Additionally, the children shill be with Scott on a1tcrnating wcekcnds from Friday at 5:00 pm until Sunday at 7:30 pin.' . ." ' , 3., Each parent shall bc cntitled to up to fourtccn days of vacation, not to be takcn in grcatcr than . . 7 ~ay blo.cks, with thc childrcn. The intention to utilize the vacation time shall bc madc known to ".'.. . ..': .the ~9Hllii' parcnt at least 30 day~ isi advance. Furthermore, thc vacationing parcnt shall providc as " ::~',,:, :.....complctc an itincrary as possible to 'the othcr parcn\. This list should includc phonc numbcrs :,..:..'..,'~...;",I-;:"'..'...:;:.,r:..'; '. , ,.'...~,i.;,.,'..~.. ,.' ' ., ". :::,'.',,:wliere the chlldrcn \\111 bc stayml!:as well as cmcrgcncy numbcrs. Furthernlore; both parcnts ,;." .' . ::~'~!#~~'i((make the childrcn avail;blc for phonc contact at Icast two timcs during a givcn vacation : .,..),: p~.ri?d. . ;'" /.t~~~;;.:~: ':~::" , " .:(:'i: 4:' ,Willi rcspcctto timc with thc childrcn at holidays, thc following was agrcc upon: : A. Mothcr's Day and Fathcrs's Day: Thc childrcn shall bc with thc rcspcctivc parcnt from " '.' Sunday at 9:00 am until Sunday at 7:30 pm. , .' B. Mcmorial Day: The children shall spcnd from 9:00 am to 7:30 pm with their fathcr in cvcn :-' "years and \vith thcir mothcr in odd ycars. ; C. Labor Day: The childrcn shall bc with thcir mothcr in cvcn years and thcir fathcr in odd years on thc Monday ofthc holiday from 9:00 01111 to 7:30 pm. . D..Christmas: Thc Christmas holiday shall bc dividcd into two scgmcnts. Scgmcnt ^ shall , be from Christmas Evc until 3:00 pm Christmas day. Scgmcnt B shall be from 3:00 pm Christmas day until 10:00 am on Dcccmber 26th. For 1998 and 1999 thc childrcn shall bc with thcir mothcr for Scgmcnt A and with their fathcr for Scgment B. Bcginning with the year 2000, the childrcn shall be \vith thcir fathcr for segmcnt A in all evcn years and with thcir mothcr fdr Scgmcnt ^ in all odd ycars. :, ",' .' E, New Years: Thc childrcn shall spcnd this holiday with thcir mothcr. Howcvcr, if the .' ','. :' ,'. holiday falls on a regularly schedulcd visitation with fathcr, father shall be given an ". ~::?>:~.'~;': . '.' alternate time to visit \vith thc childrcn. :/:16":~;i~;;:,'{< ) 1", Eastcr: Tlus holiday shall be dividcd into 2 scgments. Segmcnt ^ shall bc from 6:00 pm of . \'!.;5~~:\'??!::;i' /> '. Saturday evcning until noon oitEastcr day. Segmcnt B shall be from noon until 6:00 pm ,:!;iJltM:I\~~i{~~:.;f'::o:.. . '. ..' . ::.::,\\~~r:.u.:{.(717).540-1416 . (717) 540-1313 . 2151'Linglcstown Road, Suitc 200 . Harrisburg, Pcnnsyh'ania 17110 ..:.:JiW~~~~~;;~~I$)~!;:~;:~.~.;~:;,;,:~:,;.:::;~:;;;.:~.-:,':\.:~.,:.:;:,\t:;;"'_,,-'i.;i"';:'_:::,'i .',,:/.i.::: :~'<1.:........" ,:,!;';::.;.i.:.:;;~1ti/ :";.i 'i \ r' ....:. '" ., .,,1 , . .._~~, , ,'...... . '!.etir,;t'~~:',l,';:';:.\t(l.~.'r,'::~I",: ,~"''''''{v.r,'oJ,'''''\.''H'''.' ~,,~, ','-" ',', , l~. . ,'~, "," ", ....~~..}j.',' .r<..' " ',' :' ."" .~'~,': . :'..~ '. ,',''.; "'~,I!~..:~::,:,.':,;;".';~~~:"I')~.~:'~:V::;',~':yg.;.,:.j,..,......: ",' " . '. . " Paoc 2 '" RE: Pickford v. Pickford on Easter day. Mothcr shall have scgmcnt A in odd years and Fathcr shall have segmcnt A in even years. G. Thanksgiving: Thc childrcn shall bc with thcir mother cvcry Thanksgiving Day until Friday morning. Fathcr shall be allowed a 2 hour visit, from 5:00 pm until 7:30 pm on Thursday. Thc childrcn shall bc with their fathcr from Friday moming until Sunday at 6:00 pm. H. Halloween: Thc parcnts agree to a1tcrnate who shall take the children to the Hallowcen Parade and who shall take the childrcn trick or treating. In odd years, Scolt will take thc childrcn to trick and treat and Susan shall take them to parades. They will revcrse roles in cven years. I. Fourth of July: In odd years the childrcn shall be with their mother from 9:00 am until 10:00 alii on July 5". Father shall have them for that time period in even years. J. Children's Binhdays: Ifa birthday falls on a weekday, the non-custodial parent shall be allowed a visit with that child from 5:00 1'11I to 7:30 pm. If the birthday is on a weckend day, then a 3 hour visit will bc allowed. 5. Both parents agree that the children may be left in the care of another family mcmber for not morc than 4 hours, without the consent of the non~custodial parent.: In the event that eare is necessary beyond 4liours, the non:cu~todial parenfshall be giy~ri.t_he'.r:igJlt of first refusal to care for the childrc'ri:',' All'other child care providers mus'tbc'mutlialI>i'iigrCCdupon by the parents. , '". - < , ,'. ," 6. Each parent \vill be responsiblc for obtaining school information on their own. In the event that activities arc planned on short noticc by the school, the custodial parent \vill make the infommtion available to the non-eusfodial parcnt as quickly as possible. 7. In the event of the death of either parcnt, the surviving parcnt shall provide regular visitation \vith the maternal grandparents and seasonal opportunities for visits with the matemal allll patemal extcnded family, including Scott's stcp-mother, in accordanccwith degree of contact establishcd during the time of the marriage. 8. Scott and Susan agree that this custodial arrangemcnt call be changed on a temporary basis upon the mutual consent of both parties. It is their goal to be as flexible as possible in providing access for the childrcn to each parent. . .~. The af'~nts agree to bcgin the .implen ntation'~y{his agreement in January of 1999. It is u;'ilic ood that therclare unresolved issues, ecfully regarding travel with the ehildrcn bcyond "/ , . " . . " . .'., .,".,..,;.. .0.... " scon D. PICKFORD. Plnintifr IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W SUSAN FRITCHMAN PICKFORD. Dcfcndnnt NO. 98-0673 CIVIL TERM AND NOW. this ORDER OF COURT {~/~ay of Septembcr. 1999. upon considcration or Plaintiffs Petition To Enforcc Tcrms of April 28, 1999, Custody Order nnd Petition for Civil Contempt for Disobediencc of April 28, 1988, Custody Order, a Rule is hcreby issued upon Defendant to show causc why the reliefrcquested should not be granted. RULE RETURNABLE at a hcaring scheduled for Tuesday, October 26, 1999, at 1 :30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. J BY THE COURT, 1 I , I James A. Miller, Esq. 5 I3 North Second Street Suite 100 Harrisburg, PA 17101 Attorney for Plaintiff /,,-" r // ' ,~/'C../;J /~.: J. \Vesley Oler,'JrJ \j .. ~-? ' '""'I " :, ~, ! , ':J ; I J , ,"J .'1 " . ,;"1'. ..,...., : ~ J --; I Ji -! t I ~ I' . ,\'1 1'1 ,I j (i. Ii I I I I /' , ~;"'l- {>.LtL.J:.J:., q / I 7/99. .~.t' . Thomas D. Gould, Esq. 2 East Main Street Shiremanstown. P A 170 II Attorney for Defendant .> . < :,' ~~2 ,.. :rc . I I . . Scott D. PicHord, PI aint i n7Pet it ioner In the Court OfC0I11111on Pleas Cumberland County, Pennsylvania v. No.: 98-673 Susan Fritchman Pickford Defendant/Respondent Civil Action - Law In Custody PETITION TO ENFORCE TERMS OF April 28. 1999, CUSTODY ORDER & PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF April 28. 1999. CUSTODY ORDER NOW COMES, PlaintilTlPetitioncr, Scott D. Pickford, by and through his attorney, James A. Miller, Esquire, pursuant to Pa. R.C.P. 1915.12 and 1915.15 and respectfully requests that Defendant/Respondent, Susan Fritchma.. ~>ickford, be adjudged in civil contempt by your Honorable Court and that the April 28, 1999, Order of Court be enforced and for reasons therefore states: I. Petitioner is Scott D. Pickford the father of two minor children, namely William Scott, D.O.8. May 3,1993, and Mackenzie Reed, D.O.8. December 18, 1995. 2. Respondent is Susan Fritchman-Pickford and the mother of said children. Attached hereto as Exhibit A is a copy of your Honorable Court's April 28, 1999, Order of Court acknowledging that the terms of a custody agreement had been reached between the parties which incorporated Dr. Arnold Shienvold's Memorandum of Understanding between the parties. 4. Specifically, paragraph 2 of said Memorandum provides in part that Scott Pickford shall enjoy alternating weekends commencing Friday evenings at 5:00 p.m. through Sunday, 7:30 p.m. 5. Susan Pickford has repeatedly violated said order; in particular in the past ten (10) days she has, including but not limited to: a. on Friday, September 10, 1999, was not at her residence with the children in order for Scott Pickford to exercise his period of partial custody. He waited 30 minutes and still, she did not return with the . . children, nor call his car phone nor Jlnge him on his Jlnger. He then went to her Jlnrenls home where both of her pnrents' cnrs were parked out front and someone was in the house yet no one would answer the door. He len a message on her answering machine telling her that he would pick the children up at 8:00 a.m. on Saturday, September II, 1999. When he arrived, the children were there. b. on Tuesday, September 7, 1999, he went to the grandparents home to pick up the children as instructed by Susan Pickford aner she had paged him and instructed him to do so. The grandmother went to his car to determine if the car scat was inside; if not, then Susan Pickford directed the grandmother to not release William to Scott Picktbrd's custody. When Scott Pickford later returned with the children, the grandmother attempted to hand to Scott Pickford an envelope which he would not accept. Attached hereto as Exhibit B is a true and correct copy of the letter within the envelope which counsel for Susan Pickford faxed to the undersigned for delivery to Scott Pickford. c. on Labor Day, Monday, September 6, 1999, she went to Scott Pickford's car to view whether or not a car scat wsa in place. She refused to give the children to Scott Pickford until he put a car scat in the car for their oldest child, William, age 6. d. on Friday, September 3, 1999, Scott Pickford went to Susan Pickford's home to pick up the children and they were not there. He waited 30 minutes and went by the maternal grandmother's home. He did not exercise his period of partial custody. e. On August 31, 1999, Susan Pickford refused to release William to Scott Pickford unless the car scat was in place even though Scott infomred .~ .~.;:,~,-" '". Susnn t1un 3 police ofiicers inlbrl1led Scott Ihnl it wns not required for Ihe 6 yenr old. 6. In hopes of Susnn Pickford coming 10 understand that Scott Pickford is legally entitled to his periods of partial custody ns provided in the April 28, 1999, Order of Court, Scott Pickford hns chosen to not contnct the police department in order to have criminal charges brought against Susan for interferring with his custodial rights although would be within his legal rights ifhe were to do so. 7. Nevertheless, Susan Pickford continues to unilaterally deny Scott Pickford his custodial rights as outlined on April 28. 1999, in as much as Susan Pickford constantly obstructs Scott Pickford's custodial periods. 8. Susan Pickford unilaterally issues directives outside of the subject Court Order expecting Scott Pickford to comply with her every whim, demand and fear. 9. Scott Pickford has done nothing other than try to exercise his custodial periods without interference by Susan Pickford. 10. Susan Pickford continually engages in knowing and willful warfare unlike any other in that she has deemed herself to be the ultimate authority of her children without any consideration given to Scott Pickford nor, for that matter, very little consideration of "1 . I , I the April 28, 1999, Order of Court. I I. ShCI1 of finding Susan Pickford in contempt for her violation of the April 28, 1999, Order of Court and the incorporated Memorandum of Understanding would be to permit and encourage Susan Pickford to continue her course of unilateral action and thereby result in Scott Pickford's continuing frustration in enjoying ample, healthy time with his children as encouraged by the courts and legislature. 12. Scott Pickford must be immediately permitted to enjoy his custodial periods without continuing and further obstruction levied by Susan Pickford. 13. The best interests of the minor children will be served by enforcing Scott Pickford's periods of partial custody in as much as the children and Scott Pickford will be ;'j' 'i \'1 !I( . . . . uble to frcely enguge in their loving, curing und nurluring rclutionship thul Ihey huve ulwuys hud wilhoul constant obslnlction bcing crculcd by Susan Pickford. 14. The bcst intcrcsls of the minor childrcn will bc scrved by modifying the existing court order to the extent thut Scott Pickford is uflorded nOf/1ml, Cuslomury periods of partial custody relative to holidays, vucations und summers wilhout the requirement of obtaining the blessing of Susun Pickford ut evcry junclure. WHEREFORE, Petilioner respcctfully requests that your Honorable Court: I. hold Respondent in contempt of court for her knowing and willful violation of Petitioner's cuslodial rights; and, 2. award Petitioner the costs and fees associated with bringing this action and enforcing his rights. R~p<ctf"1 tld;, James A. iller, Esquire 5/3 No 1 Second Street, Suite 100 Har' urg, PA /7/0/ 17) 236-5161 , ~ SCOTT D, PICKFORD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-0673 CIVIL TERM CIVIL ACTION - LAW SUSAN FRITCHMAN PICKFORD, Defendant IN CUSTODY IN RE: AGREEMENT ORDER OF COURT AND NOW, this 28th day of April, 1999, upon consideration of Plaintiff's Petition To Enforce Terms of February 8, 1999, Custody Order and petition for civil Contempt for Disobedience of February 8, 1999, Custody Order, and pursuant to an agreement reached in open court between the parties-and their respective counsel, it is ordered and directed as follows: 1. The parties shall implement Dr. Shienvold's memorandum of understanding, identified as Exhibit 1, I I , I immediately, with the caveat that Defendant shall have Saturday, May 1st, plaintiff shall have Sunday, May 2nd, Plaintiff shall have Saturday, May 8. Defendant shall have Sunday, May 9, with Plaintiff commencing his alternating weekend Friday, May 14. 2. The parties shall submit to continuing I counseling with Jessica Hart, with the costs to be shared equally between the parties. Jessica Hart will make recommendations which the parties agree to follow. 4. The parties shall continue the Y.M.C.A. swimming as defined by the February 8 Order of Court. The parties shall share the costs of the swimming lessons. 6. Plaintiff's first week of vacation shall be in ~~ff(?lr A ", ;:,.' , PLAINTIFF'S EXHIBIT Elliot Rieglcr, Ph.D. Arnold T. Shicnvold, Ph.D. Melinda E.sh, M.S. Wa)'ne Trona, M.S. James W. Eash, L.S.W. Miehael J. Asken, Ph.D. llonnie Howard, Ph.D. Am)' K. Keisling, A.C.S.\\'.. L,S.W. Ga)'le Si,chilano. M.S. Don L.w"ncc, LS.\\'. I l/-2.8-ttQ Sn.~ Mcmorandum of Undcrstanding Scott and Susan Pickford Scott and Susan pickford have come to thc following agrccments rcgarding the custody ofthcir nvo children, WiUiam and McKenzie. 1. Thcy will share lcgal custody of the childrcn as dclined by Pennsy!\'ania law. 2. Susan's rcsidcnce shall be the primill)' physical residcnce of the childrcn. Scott shall enjoy periods of partial custody C\'cry Tucsday and Friday from 5:00 pm until 7:30 pn',. Additionally, the child reD shall be \\ilh Scott on alternating wcckends from Friday at 5:00 pm until Sunday al 7:30 pin.' . 3.: Each parcnt shall be entitled to up to fourtecn days of vacation, not to be takcn in greater than .:. . ? gay.bl.o.eks, \Vith the childrcn. The intention to utilize the vacation time shall be made known to . .'. . . ',,': :thi(~'ther parent at least 30 day~ in' advance.' Furthennore, the vaeationing parent shall provide as . '. ~:::,,:,: -':cOmplete an itinerary as possible to 'the other parent. This list should include phone numbers :.'.;',.<'....'.:,t.,l~'..'.' ..-;:.~:,..: " . ,....;..;,;,..,.:.,... . . , " ..'; ::'.: ::...'..;i.,:X~~\~.~!:.,~:. children ":11 be stay~ng;as well as cmergency numbers. F.urthern'~re: bo~h parents. . : . . :.ag:e~.to make the children avallable for phone contact at least two times dunng a gl\'en vacation . '. '......~.:pcriod. ,'.,.. '..,\ , :~. )<:-;::.:,: ':: :(:;" . . .:.;,,:-,:: 4:' ,,\yitli respect to time with Ihe children at holidays, the following was agrec upon: . . .: A.. Mother's Day and Fathers's Day: The children shall be with the respeclive parent from .,' . .' Sunday at 9:00 am until Sunday at 7:30 pm. . .; B. Memorial Day: The children shall spend from 9:00 am to 7:30 pm "ith their father in even :.: " 'years and \vilh their mother in odd years. . . ; C. Labor Day: The children shall be with their mother in even yc.1rs and their father in odd . ." years on thc Monday of the holiday from 9:00 am to 7:30 pm. D..Christmas: The Christmas holiday shall be divided into IWO segments. Segment A shall . be from Christmas Eve until 3:00 pm Chrislmas day. Segment B shall be frolll 3:00 pm Christmas day until 10:00 am on December 261h. For 1998 and 1999 the children shall be , \vith their mother for Segment A and with their falher for Segment B. Beginning wilh the . :'. . .. year 2000, the children shall be With their father for segment A in all even years and with . ,'. , their mother fdr Segment A in all odd years. :,:,:. :\:, . ' ~.E. New Years: The children shall spend this holiday \lith thcir mother. However, if the ".:..::: :,:.;....~.:. ',':':. holiday falls on a regularly, sc1)eduled visitation "ith falher, father shall be given an ..::::::;;~\:>!j'!', '.'; alternate time to visit \viththe children. :;:;S;iS;(tiI:~)~ )):., p~~ter: T~.s holiday sh~ be- divided into 2 segments. Segment A shall be from 6:00 pm of ';rfJ;~~{:$;~~~':::; ,!:~:. :. Saturday eVening until noon.o.ifEaster day. Segment B shall be froinnoon until 6:00 pm ',:':":t~\t'::~::~~:,:,\::"'/f"'" :' ". . :'.. ,. '''i;.~:",'l,'!;'.,i!'~'.!~\~!'}:'' ,., . , '. ,.' , ::~ ..?:it..;.'>:~:~':~~!~'~:w,i ;-:::::,..'", " ," , ,.,1.\''\1',.... ,',..._..,'.v .,' . . :}::~~.~~':.':.":.:o:.;/:::r'~;'L".:;, .'::: .' . ' ',' " ,'.. . .'0t(!~);1ax:.. (117):540-1416 . (717) 540-1313 . 2151 LllIglestown Road, SUite 200 . Harrisburg, pcnnsylvnma 17110 ::~;~;;ii~~\;~Jfl~~~;>~;:~i;:::". <:. i,::,;,. '. ...;.:..i: :::.;:..... . : . . ' J:'l!., . .., '...., ' "~;.{IT';,{"';::':"~:;~~:'::~~:;';:';;:~\~'~''''-''''~~;:;;t.::.:;.;,: ;..~; .:;:::. ,'.' ,,:" :'. ":;'J!;~';!';i" ..' " \ '" .... ~.. t..,......'.....,t.':,.:\~:f',~~. ::;r.i'i\,;~'j'"'' "'=q);.'..~:.j~.:I!,~..::.",:'.t".... ...~~ I _ '__Uo ..,.....,.,~A>>' ~(d;.:i:;.Si;:e,:~4:Y.\.i;..\~I~:..t!;L:...,:.:.'~\~;::;:::':.('oIi,:J;.~,':i:Ut\;\.;,:?Jv.\;.~tlr~M...(,,',J:.:l..~;.:,,".q,.,:.;..;.:;~,: ~ ',,' . ," . .', , . .' .' ":;',-",""-",,,,,,--: !f-\'t~ if'l~, ..,'::..t".'f~Rl:~I:'l' I, .,I')':/;~'~-' -.,...',: .,.'... . -f"'; ,~, ,', , '. ;.:. ':".'" ~"', ",' . '. ..':I-.J.-,'! ;,..'......, .." ;:;,.,~,;o:,::,..," ";,:,:;,~~,!~:,,,;;::;!::::::~~"-)\('?::':':';':':"'{':':'::'''.'',: '.; ,(:' ':.: "'",:',' " .' ,,' ...., ,.".,', . Page 2 RE: pickford v. pickford on Easter day. Mother shall have segment A in odd years and Father shall have segment A in even years. G. Th:lJlksgiving: The children shall be \\;th their mother every Thanksgh;ng Day until Friday morning. Father shall be allowed a 2 bour \;sit , from 5:00 pm until 7:30 pm on 111ursday. The children shall be II;th thcir father from Friday morning until Sunday at 6:00 pm. H. Halloween: The parents agree to alternate who shall take the children to the HallolI'een Parade and who shaUtake the children trick or treating. In odd years, Scott \\i\1take the children to trick and treat and Susan shall take them to parades. They will rel'erse roles in even years. I. Fourth of July: In odd years the children sh:sll be with their mother from 9:00 am until 10:00 am on July 5"'. Father shall have them for that time period in even years. J. Children's Birthdays: If a birthday falls on a weekday, the non-custodial parent shall be alloll'ed a visit with that child from 5:00 pm to 7:30 pm. Ifthc birthday is on a weekend day, then a 3 hour \;sit \\;U be allOl\'ed. ' Ii " I , 5. Both parents agree that the children may be left in thc care of another family member for not morc than 4 hours, I\;thout the consent of the non~custodial parent: In the event that eare is necessary beyan? 4 hours, tbe non~cu~todial parenrshal1 be gi~~ri.t~e'.Jjght of first refusal to care for the childrc'n;'. All'other child 'care pro\;ders must'be'rTllittiallY"iigrOOd'iJpon by the parents. , '".,' . ,., " . ' 6. Each parent wilt be responsible for obtaining school information on their own. In the event that activities, are planned on short notice by the school, the custodial parent \viU make the infomlation available to the non-custodial parent as quickly as possible. 7. In thc cvent ofthc dcath of either parent, the su~ving parent'shall provide regular visitation \\ith the maternal grandparents and seasonal opportunities for visits \vith thc matcmal and , paternal extendcd family, including Scott's step-mother, in accordanee \\;th degree of contact established during the time of the ll,1arriage. ' . , 8. Scoll and Susan agrt;C that this custodial arrangement can be' clianged on a temporary basis upon the mutual consent of both parties. It is their goal to be as flexible as possible in providing access tor the children to each parent. . ."9.. The a1~nts agree to begin the .i!'l1ple ntation'bY<WS agreement in January of 1999. It is uri'1k ood that therc)are unresolved issues, ecfa.Uy regarding travel with the children beyond /' . , .~ . '. , , '.' " . ,':: . . . ' ...'.' ',' ',' , '." ~. ,::'L, ," '. , . . SUSAN K. PICKfORD 525 HALDEMAN BI. YO NEW CUMBERLAND, PA 17070 TO: SCOTT PICKFORD DATE: 9/4/99 Over the past three months you have violatcO several tenns of the court order and Shicnvold's ogrccmeot. I have not made an issue of many of these violations because they did not direclly impact upon the safety and well.being of the children. However. for alleasl the second time now you have violated the terms ofthe order with regard to WlSupcrvised swimming pools. You have acknowledged thaI 00 at least two occasions the childten have been in Debbic's inground back yard poo l The children arc aware that they arc not 10 be in 11 private pool and they are trying to follow the roles they are given. Ms Hart has also advised you that it is detrimental to the child~n to force them into the conflict belwccn rules set for them and your insislence in violating those rules. While I am not interested in dragging us through the liligation process, I continue to invitc you to meet with me with Dr. Shienvold or Ms Hart. It is my underslanding that Ms Hart also recommended thaI )'ou return to Dr. Shienvold to resolve these issues. However, if this violation continues with no attempt on your pan to discuss the issue or cease the activity, you JwiU leave mc nO choice: bUlto ~sort 10 the court process. I am attempting to schedule the children for their swimming lessons at the YMCA. 1 need to know whether you intend to take them 10 their lessons on Saturday or not Please advise before Saturday. The lessons are at 9:00 a.mJ Saturday. The children will be ready to be picked up on Thursday at 5:00 p.m. I continue to stand ready to discuss and negotiate 'any chwges in schedule with you with Dr. Schienvold's assistance. J .\ , , 2~#~/7 -c , ~ Ii il' l' , ( II':' . 11..( :f" " '. II' I: I \ . ,----'-- ,-" Scott D. Pickford, PlaintilTlPetitioner 'n the Court of Common Pleas Cumberland County, Pennsylvania v. No.: 98-0673 Susan Fritchman Pickford, Defendant/Respondent Civil Action - Law 'n Custody CERTIFICATE OF SERVICE " James A. Miller, Esquire, hereby certity that , have forwarded a copy of the foregoing PETITION TO ENFORCE TERMS OF FEBRUARY 8, 1999, CUSTODY ORDER & PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF April 28, 1999, CUSTODY ORDER, and ORDER OF COURT FOR HEARING, to the person(s) and in the manner and on the date so indicated below. DM~ September 15, 1999 United States First Class Mail Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 James A. Miller, Esquire 513 North Second Street, Suite 100 Harrisburg, P A 17101 (717) 236-5161 .'- 0;- (; ~ ,", C lu r~) .. ( I:' j::< . (i;_ l. C:1 ~:) L.tll (, kl r,~: tt. C: , ..~ , I ;~: ?;:i AO '- :;~ '::.1 :/1 n. I.. r...: t:,". C'l ~:"J,l/ .... ,7:,1 U " , 1,/ I( ~),~ I"", ,/ H' I ;1 (, l' :1 " , li;,\ J~ ,,' " ,^ .i, ", \ ,'.'0 " '. "")h L. ",' " ,- ..:I' , [r; In S: .~( '1-'- (~ =)..~ UJs,-} C);,,': '~.;?t; c: Cl:jl tt:-C ....,~ nr.. Ct':,j 69 ..0 ~;~ ~1 LI,JrJ.: N -.Jli.l /-' I,nrt] 0:... C.) ;~:;~ (.l... r" -. CJ u.. m ~ 0 e1\ ,c:) ,'''. '- .. 'CIl - 0'" .....v, ';, g - ,,', '/"~ " '.,.... :z: , '0( " > - <( ..J _ '~.~ ~, e ~m g, ii: o.'IiJ,Z t' o. '" g Z '\ '- 0 "'" _ I.IJ , ~ :J ,m 0.. ' 'jUl"ci 0(.. z 0:: "~.. 0( 0: m ILl 0:: ID 0( :l: m i3 ,.~ z - . "'.~ ,. " <. ,; '" \ -;""' ',) > " :r . '. . sco'n D. PICKFORD, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W SUSAN FRITCHMAN PICKFORD, Dcfcndant NO. 98-0673 CIVIL TERM ORDER OF COURT AND NOW, this C, ttday of January, 2000, a praccipc to withdraw thc Petition lor Contempt having been filed in this matter, the hearing schedulcd for i'iovember 22, 1999, is cancelled. BY THE COURT, James A. Miller, Esq. 513 North Second Street Suite 100 Harrisburg, P A 17101 Attorney for Plaintiff Barbara Sump Ie-Sullivan, Esq. 549 Bridge Street New Cumberland, P A 17070 Attorney for Defendant C' '. :rc :,) . ') '.:;J \: " ,I .'., , " 'o, , " , } i ) . "., ::'j 'J "<; '.r ." ....Ir.1~. all' .JAME. A. MILLER .._. __. .'1 Na.," ....... ......, Iu,.. 'aa . H...II'.lIu.... "A ''''DI . ~.,.,'"'.....t a, . ".,.".,. ...'..,..., . .,-~'(ot';i:;nf;(J":''''.''.'''''''~''''r'~ .,"""'\..... ,~, .-.-..~ '. Plaintil1i'Pc\ il ioncr (nthc Cm OIl.ommonl'IIl1fS- CUll1hcrlund County, Pennsylvania v. No.: lJl!-0673 Susan Fritchmun Pickliml, Dcfcndant/Rcspondcnt Civil Action - Law In Custody PRAECIPE TO THE PROTHONOTARY: Pleuse cntcr the Petition for Contempt tilcd on withdrawn. ~(>i",t4, IF/ffl as f Dale: Tuesday. January 04, 2000 CERTIFICATE OF SERVICE On this, Tuesday, January 04, 2000, 1 hereby certifY that 1 have fOlwarded a copy of the foregoing document to the person(s) identilied below in the manner so indicated. United States First Class Mail Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland. P A 17070-1931 (I- I . lame. A. tier, Esquire 513 N 1 Second Street S . . 100 Harrisburg, PA 1710] (717) 236-5161 C) , (" " ~, 1; , '-. " ",j -;,1 I',,) "';'i -'~l ,'-.,) ~ ,i1 :-;- ~:.j .-~-I .< ~ . j ! \ I I I' \ r I ( II pI " i' ,I I , Ullrbllnl Sumplc-SullivlIll, E~qulrc Suprcmc Court 1132317 549 Uridllc Strcct Ncw Cumbcrlllllll, I'^ 17070 pm 774.1445 SUSAN K. FRITCHMAN-PICKFORD, Plaintiff : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA vs. : CIVIL ACTION - LAW SCOTT D. PICKFORD, Defendant : NO. 98-0673 QRllER.AD-O~TIN.G.SIll~ULATlillLO.E.URTlES AND NOW, to wit, this ~ day of rvt ? 1 , 200 I, upon consideration of the foregoing Stipulation, it is hereby ordered, adjudged and decreed that thc temlS, conditions and provisions of the forcgoing Stipulati~n arc adopted as an Order of Court as if set forth herein at Icngth. BY THE COURT, )! ...: ".\ ". ,,;::,,"'1" , .-".!':\\ (';:. " 0\ \\~:l->:l 1'1\ U\ \\ \ C\J(k.\;~\"j : ~,) ~jjJi'\\'( pc.~\i'\S'{\.,\j 1,\,\'1\ ,,' : I3nrbllru Sumplc.Sullil'lIl1, Esquirc Suprcmc Court //32317 549 Bridgc Strect Ncw Cumbcrlllud, I' ^ 17070 (717) 774-1445 SUSAN K. FRITCHMAN-PICKFORD, Plaintiff : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : CIVIL ACTION - LAW SCOTT D. PICKFORD, Dcfendant : NO. 98,0673 S~ULAnOl"Lor,-THE~ARIlES Various Orders and memorundums of understanding have been entered in this matter regarding various custody issues. They arc the Memorandum of Undcrstanding prepared by Dr. Shienvold dated April 28, 1999, Second Mcmorandum of Understanding (undated) prepared by Dr. Shienvold, Addendum to Modifications to Current Custody Agrccmcnt (undatcd) prcpared by Dr. Shienvold, Ordcr dated February 8, 1999 and Order datcd April 28, 1999. The parties agrce that the following shall be stipulated to as a binding custody agreement between them: I. Legal Custody: Effective immediately with the execution of the parties' agreement and continuing for a period of four (4) ycars, Susan shall have solc legal custody of the children. Although Susan shall havc sole legal custody of the children, the following shall continue: 1. Both parties shall have access to all the children's medical, dental, hospital and school records. Susan shall send a copy of the letter to the school and mcdical providers, confimling Scott's right to access of these rccords. 2. Both parties shall be able to schedule, attcnd and enjoy cxtra-curricular activitics with the childrcn duri:1g their custodial times. Susan shall also continue to: 1. Keep Scott apprizcd of normal health treatment as it occurs; 2. Shc will continuc to givc advancc notice of cxtruordinary hcalth occurrences; and 3. Shc will continuc to notify Scoll of non-routinc dccisions rcgarding the childrcn. Susan agrccs to advisc Scoll of her dccisions regarding the hcalth and education issues sumciently in advancc so that Scoll can seck intervention by Dr. Shienvold as describcd in Scction IV. below. On issues of child welfare, Scoll agrces to raisc in advance for conscnt and approval by Susan any extraordinary activity. Susan shall then make a dccision in advance of the activity, If Scott disagrccs with thc dccision, Scoll can seck intervention of Dr Shicnvold as dcscribcd in Section IV. hercof. Susan will fully agree to absolve Scoll of any and all financial liability for any and all health, education and welfare dccisions implemcnted by Susan. Susan's liability cxtcnds to all dccisions implemented as well as all costs, fecs and expenses associatcd with her decision, short of Dr. Shienvold and possiblc court proceedings costs, fees and expenscs. In other words, if Susan were to make a decision which is followed through, then she will incur thc costs associated with the decision, i.e., home schooling dccision, then Susan pays it all; or, anesthesia for dental work, then Susan will pay for it, etc. II. Physical Custody: The provisions regarding physical custody shall rcmain unchanged as provided for by way ofthc various Orders and Mcmorandums. AlIached as Exhibit "A" is a summary of the terms of the partics' physical custody which arc incorporated by rcference herein and confirmed by this Stipulation. III. Review of Custody: The parties agree that there shall be no review of legal or physical custody for a period of four (4) years from the date of signing of this Agrecment. This Order is non-modifiable. The parties agree that neither party will petition the court for modification of the terms contained hercin except in the case of an extraordinary change of circumstance bcing death or extreme illness or disability of Susan. Relocation of Scoll shall not be deem cd extraordinary circumstances. No other changed circumstances shall bc grounds for review. Susan agrees not to relocate from a twenty-five (25) mile radius of Harrisburg. IV. The Role of Dr. Shlenvold: Mediator. The partics reamrnl Dr. Shienvold's role as a mediator which was identified in paragraph 7 of Second Memorandum of Understanding. A copy of which is allached hereto as Exhibit "B" and incorporated by rcference herein and confirmcd by this Stipulation. This shall continuc. Health, Welfare and Education Decisions. Additionally, in thc cvent that Scoll has any question or concern as to the path Susan has choscn regarding hcalth, welfare and education -2- ", ;'" ,- r. .'ii:j ~P,~q ::/ t-l~~D .j v :~,J ."".,bo.' ":'1.t-\t.~0 '. I,: ..', ..~. I ',';,' ~/;l6flq Me"'D ." d .. -'--.-- - , '-'. ,- ..""._---~.....:. -..-..--....... '" . , ~ ~ ,! .. .'.. " < < , :., , ',' , 1<...__.J: ....~~...4'_',.~~, -'''~::':..~..~ ~,~, (jJ 2: SU~'s re~idence shall be the primary physical residence of the c~dren. n , ., .:5':crur~':.;:, Father sbaJI enjoy periods of partial custody evClj' Tuesday from 5:00 PM until 7:30 PM On the mther's custodia! weekend, the mther sha11 have custody of the children on Friday ttom 5:00 PM IIlItiI Sunday at 7:30 PM On the futher's non-custodia! weekend, he sha11 have custody on Thursday from 5:00 PM until 7:30 PM This schedule will commence during the week of November 1, 1999. '---.-,.. - - ---. ',. . .. ='t~~ 0"-""" s:..!J...... .....ill.d to"~ to ..0"-...... c''t''s c"\''1''''';O"'l ........ 'o~" 1,1.......:'" ,........,... .1...... . J. _.w. - ..., ..~ "- '.." 0:'. 0' ._.., _.' . __.. ., .... I ". '_h_., ... ". ..... ..._, -. ;'010 ,.- ..':t':: .\0. :":I.J... - :_........:.. . u.:::.,. .:..... \"ll ~.' .i_,. :",'1 b" _ ,I.. t. . _ f " . I C~). ..C^", '" . ..,- C'_I., .::. l,'e ."..,..:1 ,0 '__. ,... -C..IO:: .'_'" s,,_ . ",~.. ...'0,\.. .0 . ,'. ih~'o':.ic:'r ~z:e::: zt i=t jO d....s in'ac!'.'",::.. Fur-he:;;;o.:, the \'a:~:io::b~ C1.."e:1l sh;']1 c:o\~d: 2.S " '. , "'. ,:,. . . ,!'cci:;;::>i:le:.., itL,:::.."V 2.S oossiel::o 't::e c:::e. c%.."e::!. This lis; she::!d i:::!uc: ::>::0::: ::u::::o::s ....~,'.-':.,..:.., '."' :"':.' ...... .'. ..'.;.:...,..:....... . . -. ..... .... "i: w::er: !::e cmle.:;, ',\~Ji c: Sla\._,~, 2.S 1\'::1 2.S e;:;:r~::::'.' ::~.:::~:rs. :~"""'::=:::re, bOlh ;:%.."e::a '. ::...=:.'~~::....-::.:.,\.. .~. ~::~.... 't.: il' .-~l. Ii .. ..:............ ..'";,... .... J, ... . ,. .It..:...... . ,...'.. .'" "I . a~._ ,0 ,,-.. .... c'...,.:1.,a ,_,. c. ,,,0',,.00..,.., _, e.st ..10 tliOl.S c....., a 1:1\... \.QUO:1 .: -.... . - .. . ....,:::10d. ,',..:... ',', ':'. -: 1f.~:: ::~':~" . . .' I' \~::IL'.. ........... .:..,.... 'II t' l.i1 ....... "I h I' ''t.,s t':.. r. 11 .:".... """ If, .... . ". .t,.1 fCSI"'....~ lO l...... ." 1 .,C C ...Ct...... C Ie..; I ...e .0. 0\\11':,:, .\:J ..,:"e.. C?c... . . A Moth.r's D~y ...,d F~th::s's Dz)~ The :hil:::n sh~1 be with the re$pc:::i...: ;:Z:::'11 [:0::' '. .'. ,Su::CZ)' ~t 9:00 2;11 unlil SC:1daj' ~I i:jO pm. . . 3. Memo::;,] D~\~ The child:e:: sb.u s:le:1d fro:;; 9:00 .::1 10 i:jO 0;:; II~th their fzth:: in :...:n '... . . '.: : )'CUS ",d \\~th Iheir mother in occ )'CZ:S. . CT' D - ") . . 'I' ..... h' . . . ,. . I . : . ~:Oj" zy: l::c c~ eren sr.~ :: \\itn t:;C:i me: .:r ::i :'.'::'1 )':.:r5 ~no tnclr ;~t;:cr 1:1 0':"0 ." )'e.z.."S c:: the Monczy oflhe hoc:z)' fro;:; ~:OO 1.'1 10 i:jO pm. . ;.E: Ne'~ Ye.:l!s: Tne children 5hz.!! spe:1d lhis hoiida)' '~ilh their mother. now:ver, iithc ~';' :. holiday fz.!ls on a regularly. sc~eduJ.d visitation \litb :":lther, fZlher sh~1 be given :!II :.':' . zlt:l:lat. time to visit ,Vith'the ehlJdren. .;~ .::;. F: EUier: This holiday shz.!! b~' clh:ided into 2 SeQlemS. Sec..71ent A shz.!! b. from 6:00 pm of !~:i;;:;.:~.:saturcfay etbing'untif no~n.oh::::zsler cay. S-.gment B shz!! be from noon until 6:00 pm .,', --- '-- 0:: Euler.ca)'. Mot::e: shall hZ'..e $:::::::: A L, odd \':%.."5 2..,d Fa:h.. 5.,11 ..... 5'- . -", u_ ",... ...~.'en! ..\ Iii cven )':"::5. H, H~owe.:n: r:iC ~Z:C::i:S !cr:: to 2,hern2.1: who sh2.!J t.2J:e the children to the Hz.!!owcen Pmee ",d ',\'~o ~~~fi t,-~e'the c:-i!::e:1 trick or lTcz:ing. L1 odd )'CZ:s, SCOllWill uh I::e C~::.....,."'I '0 ."..:....' ~....; ...,-,..'1. ::-,~ c:,_.~<t, !:::!JJ t~..t:e th::':'1:o ~~zc:s. Th:\' "~!J iC"C:SC iolcs:~ ....... ....4 . . ,-., -'- . - - - ..- . J -- . '- C\'CiI vc...::s. 1. Fou:-.h of Ju).': In oce \.cz:s t::: ::-2:::::: shz!! be \\~lh the:: mother tem 9:00 ~:':1 ~~Iil 10.00 :"'1 on iul)' S~. F~lher sh2.!1 he\': th.;:; for Ih:: tbe ?eriod in e'.'en )'e%.."s. J. C:::Jciren's Ei:-.n:z\'s:!f~ bL-:h:~)' fills on a \\'~kczy, the ::on,cus:odi2.l pzrcnl sh:J1 b: z!!:wd z \~sit \\i:h Ihel child ;;:::1 5:00 pmlo i:jO ;:m. If the b!~;-'dz)' is on a w~:kc::: c:::,., :~:n :! j hoci' \~sj: ".\"iIl ~c: allc',;'c':. --.-. ~~~-l- A- p~ ~(?o.( ~~ -:.j,"~',~~~,..",:,~: :-:"1"'...., -...-,...~;..i_~ '. .. _.:~.,:;.~f~~'i " --'--" ?" to. ~ 7. Susan and Scott want to employ the following process to resolve future disputes that arise with respect to their children: A. Mediation: Prior to filing any motion or petition to address a modification of pbysical custody they shall agree to mediation. The process sball include: I. Commencement. Either party wishing to seek a change in the cu,'TCnt custody scbedule or order must first present the proposed change in specific detail, in writing to the other party. The receiving party bas 7 days to respond in writing with either an agreement, a refusal to ;i.gree or a suggested compromise. If an agreement cannot be reacbed between the parties, the moving party may arrange for a mediation session with Dr. Shienvold, or ifbe is unavailable, Dr. Riegler at a time convenient to all parties. The moving party sball be responsible for all fees to the mediator. 2. Purpose. The purpose of this mediation is to allow for reasoned mediation of custody ~ements without neCCssity for continued court involvement. 3. Cooperation. The parties agree that they sball cooperate with an requirements and requests made by the mediator to complete this process. 4. Sole Exception. The only exception to the requirement to mediation prior to court filing is wbere events or circumstances imminently threaten the bealth and safety of the minor children and the problem cannot be resolved by other precesses in ll: timely manner. The moving parent will attempt to notUy the other parent of their concerns prior to filing any petition to the Court. 5. Adoption of Agreement. Upon conclusion of the mediation, if an agreement is reached the parties sball sign a written memorandum prepared by the mediator and submitted to both parties and their counsel The terms sball then be incorporated into a proposed Order of Court for adoption by the Court. ,,~ B.. Mediation/Arbitration. The parties agree that instead offiling eith!:I' a petition to address an issue oflega! custody or a petition for contempt on either a legal or physical custody issue, they sbalI = to arbitration as follows: - . . 1. Commencem.."I1t. Either party may request mediation/arbitration in the event that he or she believes the other is in contempt of the present Order and/or there bas been.a change in circumstaoces such that either party believes It is in the best interest of the children that an issue oflega! custody be reviewed or decided. The party requesting arbitration sbalI provide the other party 5 days write notice of the specific nature of the issue, his or her position on it and any st\pporting docnm...m.tion. The other party sbalI have S.days to respond in writing tb::reto and indicate his or her position, as well as provide doCUIllCDtation in support thereo! In the event the issue cannot be resolved amicably upon consideration of the statements provided, the moving party shaD imm..ni.tely COnt.acl Dr. Shienvold or Riegler to schedule an appoint=nt for TT>PA;otion/atbitnttion. 2. Purpose. The purpose of the medlarb is to permit the independent arbitrator to make a final binding resolution concerning the issue(s) that caused either the contempt of the : ',~)' 41~~+ ~ Dr. 0~vv-e!) .:...' " " '.. ~, '" "':" . i' it '/ ( ) t if i, ., .,. , ;. present order or a need for determination of a legal custody issue. The mediator/arbitrator shall give priority to the best interests of the minor children over the desires or perceived rights of the parties. 3. Binding effect. The parties acknowledge that by agreeing to this process, it will be binding upon them. '. Thus, neither party may then request the court to address or second guess the determination by the independent arbitrator! mediator. However, either party bas a right to appeal in court the arbitrators decision if the arbitrator did not review all relevant documents . offered for evidencc. This procedure sball not apply to questions concerning the modification of physical custody or in the event of an emergency medical situation. 4. Cooperation. 'Q1e parties 2gl'cc that they sbal1 cooperate with all requirements and requests made by the arbitrator/mediator to complete this process, including the signing of v.'llivcrs of confidentiality for any medical or mental health professionals involved in treating the children. 5. Adoption ofRccommcndation. Upon conclusion of the arbitration, a written rcport shall be prcpared by Dr. Sbicnvold and submitted to both parties and their counscL The terms of the recommendation sbal1 then be incorporated into a proposed Order of Court for adoption by the Court. 6. Responsibility for Fees. In a matter of alleged contempt, any party whom the mediator/arbitrator finds to have violated the Court Order and/or any modified agrccment not yet made an Order of court but which bas been signed by the parties, and finds that the party bas done so without justijicaIion, that party sha11 be respoDSlble for all fees ofMediationfarbitration. In the matter of all other issues other than contempt the party initiating the session sball be respoDSlble for 'all fces. ,'': 7. Violation of Agreement. ,A.ny violation of paragraphs A ~d B wherein a party :files a matter in court outside the terms of this agrcement,tbat party sball pay all reasonable attorney fees of the responding party. Susan Pickford I Scott Pickford : tD I~ \. . .' .~ t~-~....;,._~....__:;'t..::.;.'.;::'" , ,. ., " ..,..-.-. -:--"l~..,:",.~',:-, ---'" < ~J:.':.._':; _.. l)r. S~va2 W' ,...., :"':~~:::'t!:..,...~.,-"._,__ '~~-;:."'~'" ;";)JLl.I.T,..',, ti~.;':;1ti~O:_.~ ~~;ffl''''~';Ij''\\':'fi.~.'~'y~iWr,*,~i!'if.M~r-''~'' - ...,'" ...,;..,.;~...:' .. '. .. '. . '.'I,~ti ~~.i: ",o(,,''i-:'.:~~ <~ ~.~ ilCf~~I' ".~(,), ~~.!m" ~~ ."....~'...... '~ ~ ,',. ~,,,'{\:.~,,-t7f-""~t~'~~~!f:t ~..r.:..~ ..:jY-."\f.. ,,'1'11"'; ~...... '. . . ~~~ "":'~~~ i'I.... 'I,".. _11~1~~~~},;2~ll;~1l';~~~!<,~~,t~,t'(~'f}~\~~~~~~I'~:'a;f^tr~t~~~+..,r. ,,;~l~ WUI:~ '?~~~~~}~~~"~ ~ _ . -, ~<..... ...... '. .., ,'~ -., c,"". h....... _'. .... i'i'-'~? '~' ".. ..,. ~.'~"." ~~ '. \~a,~::.t,.b~~~,,}i:,t~<<;~t~;.~;~I:.:t~l~~~;f'1i1~t~~~.:..!\"";~:"'~)~',:."";-'t.\(\":-'\'~:"~/"r.t...'jl~~!J~f.ijt:i"IO,r ,#i~~'if~:~.,..~~~.,..~~, l" ~', ~~ .......--.. ",~' It- ~-...., .# ", , ,'loP'! ," .,....., "" "or,' . :~'"'~.' ' ...,,'.... .. ....." 'I ...'... ,', ... Iii'....' ,;'"F " ~~~~~ C~,.W:'!j;'~~l;:lir~t~~'"~~>:IW.~".r.*-lrM~..t\:\l.!~tl?,:"'SCf"..~~~f-.."f"':-!\:$<:i;y,..,W,* " \t~1..'1f<;o~"~'~"''\::.,.~q.\'\ ~ '.,. . ~~ ~N;~~~i~~1~~Wlf,;~~~{~\iWf~Z,'.',*,*,~~.~~[~i~~i;1\;~~~~~1*.~.:?1R};~ . ',.t~~~~i~~~:~~!~;~.~t~" ~ .~. Ny'; ~f!.$.: ,t~Jh~,li..~~;'~~~"\l:I~)r~'?~~J~1Xt:itr,~!MI~~tlffi~~I',J.~ 'S~Er;:;"j.~,(~~~~~~7t'~~1:t~f.i~~, tr~~~-:i::'!~i'::;:,;:::~,'Z:G~~f:'t~/:~I~J~ .rl ,s.u..' :r.~...",,~o.:;~,~, ":.. ,.... r~~~ ~I,,~~,.,. or:. ..."" ..,~l,..i'.', ~,'li(.:ao'~' ~ ~,,.~ -Q'....lof...._..... I ~,...';.~....;...l..-~,.::'fo:;..""~..~:~i..r. t~.>p.'-t.,.'~J.!.1; 1i7.:J:~j.. if ~,'l ~~.... ' .,~l'i'-;,i~f.t~'...~;.:~(.":.; :.;~., ,~l!~~\"-:~~:t...;n}.r\~:?:r:(~t:;'.~,.:. ~":".~:t J.,:,.;~~.~:~I'~::::I~:~;IIt;' }=1,'r!.!..ol;"':~~~:r.:'~~l.JJ:~:~;\~~'::~1;~.~')o~'. ..l:jt\,~1't:.. ~'. ~~~~~!f~' '''~-l''r',.','.',}" '...,.,....._,..' ,Y....', '". ' ,..',,\. ", ......',......~.,.."... ',', . '0. ,.., ..~,.~1:;;~, ~,I"I (.1........,. ." :, : ....:.,: ,', ....:~ .. ., .;': ~ .:",'::':"':: .' ..': ...~,\ ~ .,~.. ~"";" r!"-:':' '.!',..' ""$" .' to , ".,", : :..: ',' , . ~" : ," "I,..!' ,: :~~:. r."",:.i.:~ .... :,,,_~.. .' .i,.... :" ,......:- ~ :','7:"',\:;":"""1 :.:t:~ It ,U.'\~;J ~.tt. :"I~".j~'l.~ . ' ',';,...""":.\..,.';'j~'~;'.~\.I",:'. ,:" ~"...,~..:..\:'-:'.';~.:~I),':..,'f':J!..,.:~:'.., '.1" ~:. ;'.' :,/J '~:," " ',~:.~'..'.~J.."':.. .' ,::..... ..\......,.. ;:.::'.,,~ r.~\I-:;.",,;-, ~::. :'i'i." ....,~:'~: :.~:,..:..~'~ r: ..~,'.'~..ilf.~'.~~,~t:(,W!;':.iJ' '1" .. .. l ..., ..-,.. 1- .. ,', ..,.". ',.. .,... . ~ " .' '. . ....,. '""",:,,, ' "" " , , , ' , .. , , " ''''~'> '. .-';"::.".'" ' ".,,1': \':.::". , .~, "'!i." .,..' ! ,," :.;., '";",, ,". "" ,-" ,", .~ ,;:..' .r" \"'., :'.',,, l' . ",,'.;,,,, ,.:","" .' I." "": ~:~ ,; .,.. >';'I~~""".'''':';' ., .,.',., '. ~ ~:S;!;~:;~~~~~f;~n::t:~~h;:~~:j;~~f:.;))~~~~t;::~.::;:~t:;.':~J;:.;'t}~t;tN3~~.:I::~';:~i!,.~Ji~t!;i;:~;~~~ri~i.:~,~~\;:~;5:~::i)~~t~:!.;s?tJ~~~:j~~: .. ~':"$.~:.:,t: 1"\~)t':'~I~I'":,, :'.!';I'.~j~',.:..4.:,t;:..;:.: '..'"..,1(::-.<.( .:"t..;.'..,.. ;,~ ::~'. ,:'1., i' .,~ ,~,~-:, ;.~,:-':".....;: ',~:, j:r!l'.~ " :.. ..' 'I t'__~' .-~::;,,,:.,,:,~: ~:':'~"""'1; ~~. ,::'~.;~.i.::-." ."t:',' :{~;.1:11;;:C~'f(o.~l:~J.~~l.;.W! .,,", ,. .....~....J..._.._,_ ......'_...-...:.1100......:.:......... ..........""._ -"...."'-...._--.........--......_~__Iwrl"-.,., ',. ... ........, .......___...'..~ ~. \1~Q~ ~V j # 5. 3e,th ~l:'C:,):S z;:e= ~::~: i::: chllcr::: ;:,;z)' be left bin: ct.-: of ~ot,.~:~ fL":'"JJ)' ~e::::'er jet' ne: . ." . '. . . . .. 1 T' . . i:~:;e ::::.., ., CO:.:!'S, W~~~C~1 tm: C,.:);:.s::t o. :::e ncn-CJstoc:~ oue:1t: ...., t:e c\'::n 1.li2.t ~e JS .' , 1 '. ...-..ts"'-" ~."C-'id ~ ~C"~S ,~.. -O-~C.'SiO.::"I1-,-...t' c1-..ill 0- ti\'..... L~:......:E..~t 0';'5\ r-fuszJ io c':~,. u...._. -. --.' '. .: _ , '__ u u _.' __:"_ _'.. -:., ," _ .._u. .......,..._" ., _ .... _... ... . .'.. ", '11 .' ..l,.!... .... ,.., ...,'.. .....t,' ..., ;C': li:e c;.:.!cr:n... .-~I :::::: ::-.::~ cue r.rO\j~:i! mt.:s: :: ::1U~2.!Jy'2.:r.., ~ u:>en C)' tne ~Z:C:2ts. ...': . ~. - . .. . . . ::-. E~:h pz...::t "':,.n :: ::~pc~rb!: for c::~:,l,,:.s 5:;'00) :Z"'.fOi:ilz.:ion on the:; 0'.\':1. In the cv:=-:: :~a.t lc:thiti:5 C-7c pb...-..-::c on s~or; notic: by the s:hool, .he cU~odiz.J o:t:c:;t '1\111 :;t!.ke t.h: ~-.:-e:ii~:nic:l ~\'211z.:!: to :he non.:cs..~d:1J Pl:::t 2..S quicki)' :.s pcssibJ;. " . "'" . . . . " ". '. , .. . :. In 1n: :','c:a OJ ,:;: C=.l~'i of cltnci" :~cnl, the 5U,~'\'lnt! PZ:C':'Jt sn2.!l :::;o'o-:oe ;::;~~ "SJ,zt:cn ..\~th the ~%lc:-:uJ E'iL'lQtiz:c:nts z..,d s~c:::u o:.,onuciti;s ['Oi \isits "ilh Lhc ~:!.t;~u Z!id ~ltc:-;,:d c.'\iended fL..:.:!y, inc:JudbS Scon',s st:?:w'olh:r, in a::oidi..,cc "i!..~ degree ofc:m:.:!ct . J'. .., .. f . es,.:~ 1510:0 ounng L~? tIme 0 tr.: ~L ""i::Sc. \ , I . . S. Scott ~"ld Su~, .g.;.: th.: 1!:Js custociiz! ......"lgc:71cnt C<..'l be'd..,i~ on. te...por..")' bUts upon the :71un:zJ consent ofbolh pa:-Jes. It is tbeir gozJ to be U iie:cibJe ZJ possible i;~ pro\iding . . "1' . :!:c::ss tor tn: CZ"'~.c;c:'i to cac:n PlM-e::11. .', ,.., : ~ . ,,' ,:; , ;',~'" '., : ..,' . :." .:';:. :;:.:,,::;';,.}/:"K2P~?';:S!;";..~:".,;..i' . '{'!~~1;;'~:i,..; .~.;,r~~t~1,i~1i~~1.i;' ";" , ..' : '.<.',' "'...."-.:" ,'. ,'... '.' .', < ";: ,:, 7, ."('..'",: ~,.:: ;~::::'.'.':/:: . ..' .","".. " " ,.".,;'....,.. .', , ."., .,.. '.,: .:~; .:. ...". .' ,... " '.., ," ".' . . ..', ",' , ','., , 'H H - ..... . ; . hi 4~ 6h: . . /' ~:.::\~Lq:i~~~;r~..:;w(,;::':.:;~::.:.:~:.~v:.:,' ., .~J~t~;~f\i.ti.;,.'...:~th,;;;.:.. ~ .:;.:.!:~~;~;r'\,i....:...;.(.~,~''!>'~'(r5~~~~~;Q_ ....d'.....".... . .... ','.-- '..' ..... ... '" ,I\:J, ~~ Qh, .")4~.. . '.. ..... ......,...<.,......,."..","'..-.?i:i:..', ':::';'~{I,' '.'1.',. "'~.J', '..,.,<, ','....;:{.).~:,.:'..,. ,;y~ . t~ ":, . ',; '~'. I'. ,,', "~,....,::...::, I' .:"'~'~_"..".I .""'~,' ~r:~it~;~~~~.r-'t:~'(;.:,../,!.,::- ';::~,:...",,;r).::, :";~'~~.:~l~..;:..'t~)~'ij,'~,?-...::; , :., "f I'l.., :.: " .'",' ~ :~'~ "'.;. k".'~" ..', :,\'..:1\.....,;(" '~,'I",:,': ~~,:::'#~;i;:..:_;o;:,-:.~ r;r;:: il=i ' ,:-;;:~,.. .::~~1iI'j"'''.~'~l:rr~;'~;~~~''~'i'~~~.'''=''~''~' ..;('~,':':1:;;it!',~,.':""i ..};.;::.: ;':'l<. :,:,"\ :,...:.",.~ ~ " :..., .' ::, ,:.,f,~,:;;:t,~:, '..~,.,:;~:;..~ :':i'r\';,:;'1"'~i""'-:':o(~1~)~it~~~I: <'$ ~-r. ~~ f . "'::'.~':;-;;';;';;';':.~'~~":<,:"'" ~:';:';~'-:"'.~,~,~':':,.~..;., ,'..., '.,... . . "",':/,..",.;... '': '.,tf",f._, '.... S':"O;. ,:..,~1.,. . i: \ I:;;;'~ 'i " ',<:.. Central Pennsylvania Mediation , ServIces, lnc, Promoting Positive Solutions Arnold T. Shlenvold, Ph.D. Elliot Riegler, Ph.D. '. Addcndum to Modifications to CWTcDt Custody Agreemcnt Susan Pickford and Scott Pickford Scott will purchase i'boostcr scat for William that mcets CWTcnt wcight requirements for him. Additiona1ly, Scott will clISIII'e that W'1lliam uses the booster seat until he weighs greater than 4S pounds as measured by their pediatrician's SC2.!e. Mackenzie will remain in a CllI' seatlbooster seat until she is greater than 4S pounds OD her pediatrician' s scale. r . Ie :1151 Llnglesto,,'lI Roacl, Suilt :200 . H.urisbtng. PennsylVAnia 17110 . Teltphone: (717) 54ll-1lOOS J ~, '/ ' !' Y~"::,:,:,:'~'... I ~.l:i ~~e.... W.~ . .. -'-."..'---.-.'...'.- .,. ....,..,..~~_. . -. , ,,;. , ~ - :::,...-: ......0 _- ,..u::.r:__':. -~'o--',,",~ -I ":-0-""1 ,-..~--_.. -- ....... -..-----... - :2 ~""'::I . .. .:.: -2..' .: e ... -. - .. s:c::.~- HR -GOU!..D . . . . _ :.......... ""I: .._e_ t.__ s::e-o:~e:- ~ ....c._I.._""'_...c...- _.. .....';;0 . '. ~_'''::''~A'i;-:s to ?c::-::.cn. .0.: :Jr:._c.....:;, "'--- '. ,,'-..-e -...... -,..:,,,:,.. -.:~..f"O--i-- .= _,.___ .. __.. _Ill ~- ~.:~~.:~-~ ~S coi~g to be . . c....-.,..,... :"'.! ,",.._ :: ::s:..:: -\...e.... oi""l t.~e < ...--- -..r:," ee'..::-.:____ _: 7 ~---,__..;..;;;~. s HR. J~!L!.:::?: !~e ::~al sec:ion ==la~es :0 9 11;::. ?ick:o::: will :"1C: ~e ?e=ii"I:..':~ed to take c;:-e ~..a:e=. 10 c~ilc::e~ alo~e :'lea:: t~e ~a:e= ~~less su?e~'ised. 11 5c?e=v~s~c~ rnea~s, Co l~:e ~~a::: a: Co '?ool. ~e c:s.:lnc: :a.~:e 12 t~e c~i~c::e~ ~ea:: ~a:e:: alene ~::~ . . . :~e ~~:;~: C:"1 go~~= , - -~ R:.c.:':1S - .. , .. :e;=.:.::; CUc.<s, -;...::.:::.:. ""'...--- s'..;~rrl~'~:'l= . ...... - ...... Co : s::::-y -.--- _we... , l~ :~?:s of ac:ivi~ies a=e ?e=miss~=le. .~_""lc. we will . , , l:-.c.:...:c.e 15 ~~a~ X=s. ?ick:o== ~as ~=a~~ ~? as c=i:e=ia to:- sate ~ate= 15 accivi:y. 17 TEE COu-:\T: All =:.;:-.t. 0, The rnerno:-ancurn cf 16 ~~ce~sta~di~; chat you a=e =e:~==i~5 to, ! aSSUiile, is -~.. ""-...- - Q .I.. rne~o=a~durn that. was attached to the custoc.y conciliato~'s 20 =e?o:-t? 21 l"'lit . GotJ"!.!) : No, ~o~= ~onor, there was a 22 subsequent memo~andum as a ~esult of continuing mediation. 23 7F.::: COURT: .b.ll risht. M Gou'd '...'s ~~..at ~', - I - 2~ sene~ally the unde~standing that has been reached? 25 MR. GOUT....!> : With a few additional -- few 01/ rfJ99 ~ 4 -M ~~ t ~.--- .~.- '. ,:,,,_,-~"':":"'';':'~I,~i''''''',.,'-_;:~.-==---:...._.. , ~ I ~ .- ':"-- 6/ r.; acc~~~c~s, :ou~ Ho~c=. 7~a: is, 1: M=. ?ick:c~= coes i~te~c 2 :~ :ake the c~ilc=e~ t~ ~a:e=, '. . , ,l~ c:~e= wc=cs, ~=t ec~~; :0 - , _-A_ :eo~~~c.' "cks 0- -ak'-s a :~~-~, '00-- ~;c'o -'r:~- -~e - ... -.....-..._. ..~e C... .. .. ,.:... "___)' c:.1. __ _, "" ,c:.... "",. ~ c~ilc~e~ wou~d be =e~Ji=ed to have a pe=sonal flc:a~ic~ 5 cevice C~ t~em; t~at he wust be i~ the wate= with the 6 c~ilc=en; t~atthe m~st ~e within five feet of t:.em while he 7 is with the~ i~ t~e wate=i he is ~=t allowed to SO l~:O c ccea~s; a~c :~e a~ea ~~st ~e s~~e=~ised =y a li:e ~ua=d. !t s is my u~ce=s:a~ci~51 ~ . " " ., a~c ~ay~e It s,a ~lsunce=s:a~c~~5 ~cw, lO t~at t~e=e had to ~e a~ot~e= adult with him, is that .......--:,..--, ------.. . , - "-.< f'- M~r,':' -:'::. I.:"';,. ..____... .::.: :::e ocea:1: 13 ).:". GO"!.,,,: No. , ' -" MR. M!LLE~: Eve=l~he~e? , - -:> y~~. GOu~~: Ye~~, u~til the chilc~e~ have , . -" c::)Ji.?2 e~ec: -.....0 '-..- that ,,"as ~y u~de~sta~cins. SW1.mlli:'::S -- \-i~~:'1 17 he's going i~ ~he ~ate=, riSht. 15 MR. MILLER: With the ~nten~ to swim with 19 ~oth chilc~en. the~e will ~e an adult p~e~ent. 20 T::= cot;,,!: .b.ll risht. 21 MR. GOu~D: The other cla=iiication is that, 22 we as~eed to the fe~=y ~ut not to go out on a ~oat fo~ power 23 ~oatins o~ skiing or any of those activities. 24 MR. MILL!R: Until the children have 25 satisfied their requ~rement. 5 E::3'::=:I'2" I.~., ,;....I't,;~,-':~!.., .. i..,it~:-::''''''\..,.~\:i:~~''', if SCOTT D. ?!CKFO?~. 0::' .. ~ '-I- ~ J:~ .. _c._...I..___ v. I sus~~ :R!?C~~~~ ?!CK:O~D, De:e:ica::: ~"1 '-1\ !N 7~~ COu^T 0: COMMON ?LZAS OF C"UY.E:;;R!..~"D COtlNTY I ?:;;)o,'NSY!.V~'V!A NO. E:-0.73 C!V!~ T:;;~~ C!V!L .~.CnON .. ,..~ .. ':":"-.1\ ~ .1 II !N .~-"D NOh', :h!s 2E:h ~ay c~ Ap:-il, ~ .. -"''''"'''1 ....~_... m Ci..'S,ODY -- '''-' AG?:::::M!!\7 C'RDE~ OF COt-=:=:7 .. ....... ........ ----..t Fe=:-t:,ary S, c=~s~ce:-a:!=~ c: ?~a::::i::'s :::!:!c~ 70 !:::c:-ce 7e~,s c: ~'OQ. (1._ I -..~". ~. '., '.'4,......~.__(...__.... ,I , ~ ~'...-'.~.i.." . "t C :: -......, c~s:=:y C=:e: a~: ?::!:ic:: :C:- C!vil C=:::e~;: "t C C C -...... , C';.:s:ocy O==-:e:-, .-. c..._ .;1 Ii .'l , i 'i I i I I :c= D!s~=;:!e::=e 0: :e==~~=y .., ;:o..:::s-..:a::: :0 a:1 c.E':-ee;:,;e::: . . . =:ac~ec ~~ c;;~ c=~=: . . -,::.-, O,C,.:.*",\ ..-.c. __..0\__.. ........ . , ?a::::.es .a::::. .. -.c."- ......--- -.c c:-..:. -- .. .''=' -"'-~--"-'- ::0-":'::5:1, .. . -" , . .. ".. . ~s c:-ce=ec a::: c~:"ec:ec as fc,11::.....s: ::"::::',==a:;c""::ii . .. -":'::::;::-s:.a::::~~s, !':~e ~a:-:~=s s~all ::-;:;.!.e::-.e:-:: !:'::". -=:::.:;:v:::':' s ~:e::::.t~=c as !x~i~i: _, .....:- ':"'.a.:.D......::__ e'..,,,, '; ........0 "a._.. --.._aa"'_a... _a.c.__ a.c.,_ Sa:\;:-:c:', c: :'~~==ia:e!y, ~:.:~ :::e ca~=a: i I ~a~ 1st, ?lai:::i~~ shall ~ave S~~~ay, ~ay 2~ci, ?~ai~:i~~ shall ....,_=...A_ S;::~~~_-C'=V" 1.'.=V S ':"\.c.-.c....,..._.. s--" ....-...1:10 C:'~"'c'-v l'.v 0 ...._... --;.. -. -. , ~_.:_aa..:c:..... :.:__ ..C.loI_ __., Co..., .c.. ..., ...-...... , --,.=-,,~, '"-; ..--.;: '....--.c.~ :_-.,.,.. -';-A--....'~""'I. .to::..c.\..a....c. ':"'-';c.-v t,~...,. ~.. - .<i_ C.....lI..;....C_..: .....5 c............."'.._.a= "'__.~_.. . __ "'.' ""'.'" _'"I. co~~selin; wi~h Jessica 2. The ~a~:ies s~all s~=mi~ ~o cc~~i~ui~= .....-- :';c._ "" , e~~ally be~wee~ tne ?a~~~es. \o;i~h - ".. ""aa_ COS:s to be . , s~a~et: Jessica ~a=: will ~a~e ~ecomrnencatio~s which the ?a~:ies a~~ee :'0 follow. 4 . The ?a~ties shall conti=ue the Y.M.CaA. swirnmi~g as defi~ed. by the :e==Ua~ 8 O=Qe~ of Cou~:. The 0: the swimming lessc~s~ :i~st week of vacation shall be ~n I ; , , I I I ?a~ties shall sha~e the costs ef "cf!,?/ J A. , 6. ?laintiff's '.~..:.-' .',. I , '\ l I t I I ~ \ \~ !i {j ,; , \, If '. , . , , '. , > , ~,~~'tJ,,~J;~tr.'~I.~ ~~ "-" - - '~, ~"- .' .' n';, . < ~ ~iPR~{~JP.~....", .~~ .,., ~) " t,l,J ~..' . ':.he loca.l a.::ea. !: he wis~es ~o ta.ke t~e chil~=e~ o~ts~ce 0: ~~e local a~ea :c~ ~~a~ o~e-~eek vaca:~c~, Jessica ~a~: s:.all be dl I ::.:-.c::' tJcec . .... ~~ s~c:. cec~s~C~ a.~: he:: ::;:c~~e~catic~ ~es?ec':ec. =y :.;.e C~\::":., ~ .1 " H -. jj '" Ii .r , L'a:-:.es ;... }.~::'lle=, v:~~ N--.~ c~---~ ...- . -- -.. --............. !s;.~i=e 5.-0"- -- ..- 1//LrlOk. / ; h",'is~ ".. Of c- ,;- IT." - f ,- --: U. t --' t r' 5:-5 " , I s'.::.:e "-00 Ha:"=::'s~~=~,'?~ 11101 Cc~~sel :c= ?lai~ti:: 7~=~as D. Go~~c, Es~~i::e ~ East !~a.~~ St::ee: S~::'=e~a~s:=~~, ?~ liDl: C:~~s;l :c:: De:e~ca~: , " I " T?IJ: CG?Y FROM F.:CC?D h 7 -!Z~ ::.:',' ::.. ~!=i. : ~.;:: :'..:' H~ !"".:' r !:-~ ~:.~ ir---" <:nj !",{ r":~ C......, ", r".:;tI& :it " .... . ..'" .. -' '" -.... ....... . - ~ ~, ihis ...~.t=:. C!y of....Qw....:.L..., 19.tt ~;~t-.4.....~..-e~<J_'-"- !l' - prothonomy ~~' "'~.",. fJtb~ . W. '. r . , "... .., .'...-., . .' ,', ~,.. ......."-..J~.;;.... I:' ".': SUSAN K. FRITCIIMAN,I'ICKFORD PLi\lNTlFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 98-0673 CIVIL ACTION LA W SCOTT D. PICKFORD DEFENDANT IN CUSTODY OIWF:I~ OF CounT AND NOW. Wednesday, June 15,2005 ,upon considcration oflhc uUachcd Complaint, it is hcreby dirccled that parties und thcir rcspective counselappcur bclhre Melissa P. Grcevy, Esq. , thc concilialor, at DJ Manlove's, 1901 Slate St., Camp filii, PA 17011 on Monday, ,Iuly 25, 2005 1Il 9:00 AM for a Prc-Hcuring Custody Confcrencc. At such confercncc, an cflort will bc mude 10 resoll'c the issucs in disputc; or if Ihis eunnot bc accomplish cd, to delinc and narrow thc issucs 10 bc hcard by thc courl, and to elllcr into atempornry ordcr. All ehildrcn agc Iil'c or oldcr may also bc prcsent atthc confcrcnce. Failure to appcar allhe conlerence may provide grounds lor cnlry of a tempornry or pcrmancnt ordcr. The court hereh)' directs the IllIrties to furnish uny und ull exist/ng Protect/on from Abuse orders, Specilll nelleI' orders, IInd Custody orders to the concllllltor 48 honrs prior to scheduled heuring. FOR THE COURT. By: Isl MclisslI P. Grccvv. Esq. Custody Conciliulor y The Courl of Conlin on Pleas of Cumberland County is required by IIIII' to comply wilh the Americans with Disabilites Act of 1990. For information uboul acccssiblc lacilitics and reasonablc accommodations available to disabled individuals having busincss bcfore the court, please contact our office. Allarrnngemcnts must bc madc alleast 72 hours prior to lll1Y hcaring or busincss befllrc thc court. YoumustllUcnd thc schcduled conlercnce or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bcdford Slrcel CDrlislc, Pcnnsylvania 17013 T clcphone (717) 249-3 I 66 V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 98'()673 Susan K. Frltchman.Plckford Plaintiff/Respondent Scott D. Pickford, Defendant/Petitioner CIVIL ACTION. LAW CUSTODY PETITION TO MODIFY Mav 7. 2001. STIPULATION OF THE PARTIES 1, The Defendant/Petitioner Is Scott D. Pickford, father of the sUbject children in this Petition (hereinafter referred to as Father). 2. Father Is an adult Individual residing at 117 N. 20th Street, Camp Hili, Cumberland County, Pennsylvania, 17011. 3. The Plaintiff/Respondent Is Susan K. Fritchman-Pickford, mother of the subject children In this Petition (hereinafter referred to as Mother). 4. Mother is an adult individual residing at 525 Haldeman Boulevard, New Cumberland, Cumberland County, Pennsylvania, 17070. 5. Attached hereto as Exhibit A and made part hereof as if fully set forth is the May 7,2001, Stipulation of the Parties. 6. Father seeks to modify the existing stipulation in accordance with Section ill of said Stipulation and award shared legal and physical custody to Father. 7. The best Interests of the children will be served by modifying the terms of the stipulation accordingly. James A. Miller, Esquire 2157 Market Street Camp Hi~ 1 \7'1'7}73f-6400 !) il I' i) :'(" r . , '" \ " 'if " '. j' \ WHEREFORE, Father respectfully requests that your Honorable Court grant the relief requested herein. Respectfully Submitted, MILLER L1PSITT LLC t.,) 't., .i,> ~1~I~q ./ ""tolD .':' ~.. .' '1~~~ ! v.,jJ. 0 ,,<,itJ.t~ "'''1 ..., : ,.., , 4~6:l'lq Me...o " .' , , ~,..,___..l._, .:.. ',' _/:""J'... . (I) .._"~_.- " 2. Susan's residence shall be lhe primary physical residence of lhe children. peri.sll.' of an n . y . ' ;j:1~ "~~:::" Father sball enjoy periods of partial custody every Tuesday from 5:00 PM UDli17:30 PM. On the father's custodial weekend, the father shaU have custody of the children on Friday from 5:00 PM until Sunday at 7:30 PM. On the father's DOn-custodial weekend, he shaU have custody on Tbursday from 5:00 PM unti17:30 PM This schedule will commence during the week of November I, 1999. '" . .. '";:~.." "".......t S....lt~.. e~u'll d to..~ \0 '.elt-.,.. ,''t''S 0:"''''':0 ...""'".0...... .,1...... :"'l "'.C"C" .\., '~. _......~......... lI"-:oJ....... e ..:, . l.oll.._.~ _.' l ~_\i :l., .,.... I 1,.'.. '..,'_.1 001.::' ... I 11._' -' ;'oloc". "~\'r. t"c ,....;1.J.. - :_...-.:...,... '0 u.;~:"" ......c" .: .'_,", ....,11 b'" ,1,. I, , f I C2.) ~, '''0 . Ii "'_~le:'l. !1'C ...H...'Iol..... I ,__ ..1 aCl.,cn .1...... SII_ .. m2...... ~'O....":110 -: th~ 'o't~dr' =z.:::H at le.ut jO oa','s in' ach'z.:~:.e.. Fu~h~:won:, the \'a::nj~:--..ing ~t:'e:'lt shl!1 :;io\~dc a.s .. .. , ~. . . .\ .- i.t .,.... :.:.....~,,_,.,. 0 ss....i.. '\'--- ..:"".. ...........t -l~iS I'I~ S........t. :......It.J :.. ,. .....-~~....S .' Co:l.u'O. e _11'...'.._ T ~ 0 1.....0 ..._ ...n.... ..._ ...... l... ,), 11"""....0 .......Ul;C j)..on. ...."...l :'.-:,..".,:-:..:.., '.... :,'::.' ~,..', ,'. ':.,i,:...,'.,:... .', . , _. '.', ..'."':": .....:~!'e t.oe CnUCi'Cii w~Jl ~e st2.\...~!%. 2-S w:!! 2..S emt::"~:~:'" ~~-:~eiS. :unn::::-:ore, both P::C:1ts , ...........-., ~ - . .. . " .::";'-';"0' ~.t... .:... c:..:I,:...... ".."it :"1. f'.e. ...':.......... .0.....'...' "')C'SI ""0 t' .s c'1t~." 'I ,.' 'C~ """"I1'C~ ,z~'''''',' 1._.... i.... ...,_........' ,.:.Iz...,_ ~I . .......,_... ..\..\'1 _~ .. II li':'l.. -"".5 '" =1\ .. __ J .1 " '. 'd ".,....::-eno . .:..~,1,:::. ~.':,~'~~, ': ,,'.' ~: ''',' ';:'h' .cs~"".. '0 .:.".. ""111 Ihc .1.:1C.:...... "I hcll'c',..s ,:,c ~olloll':"'" 'I'" t' ",.,'c.. ".,c~' , ~. ,I.... I' ..... \ ~......, ,... -. ........ ..; ,.... I. II',:,' -.;II ":t. ....I' ... .' 'A.. 1\!olher's Day ;;..,d Fathers's Dz)': The :hiJcien sj;~1 be with lhe rcs?c-:~h'c pzre:;t rro:~' '. ' SunG:!)' at 9:00 ~m until SunGa)' ~t 7:30 pm. . , 3. ?-.!e:i1cria! Dz"': The c:tilcr:n sb~ s:)l::ld frc~ 9:00 am :'0 i::;O om \\~th lhcir i"'zth:r in e\'en '.; '. ')'cus a.,d 1\~lh their mothcr in oee ;.=s. . . C .,. D -. ") . h 'I' ..... . . d . . ,. . I . : . ~cor zy: u~c: c..J ercn s.:'" 0: ....itn tnc:i' i.io!n:r In ::...en )':.:!.rs ~n tnclf IJti:cr m 0",0 ..' )'e.a!s en thc Monc.y oftilc hoec:l)' frem !):OO 1~-:110 7:30 pm. . ;.E: NCI'-: YC:lrs: Tne childrc:1 shill spe:1d lhis holiday ,~ith lhcir mother. Howe,'er, if the ':';' .t. holiday fills on a regula;ly. sc~edu)cd visil~tion \lith f.ther, father shcll be given:!II ',. ::' . a.lternate time to visit lVitll' ilie children. .;~ / F.. Eu'ter: Thi's holiday shill b~' dhicied into 2 scg..nents. Seg.'71cnt A shall be from 6:00 pm of !i/;~?:..:Saturday e~ecin'g"Unli! iio~n.eH=:a.ster cay. Segmcnt B shall bc frem 'noon unlil6:00 pm ." . " , cn Easicr"ea)'. Mct~cr shzJl ha',c s:::=::n: A L, odd "cars a.,d Fath.' s"',1I ,."c sc~ I ... J ..., 11_ "" "'.He" ..\ in cven )"e.!."s. - .. -- . '. }-!, H~owe.:n: r:"iC C2.:C:i:S acre: to z.!t:mzte who shill t2J:e the c.hildren \0 the HaJ!owcen r~r:!cc 1-,d .....ho 'sl:ln t~~C:-lhe c;..:J::c:'l tric.k or lTe.l:ing. L, odd )'c:.!.."s, Scott \\1!l ukc the, ..:..:.,.'.1".... '0 .,-,'.....' ,..: ..., .,~. ....-.~ l::..t~..; <..,~! t:!..kc thC::1:" ::!.!'ac:s, Th~)' '.\~!1 rCVCise: ;olcs::'\ ................ .....~_... -. -...-.-- . c',en ','c.::s. 1. f'o1.:i..h of h:l...: r., oct \'c..l:S \hc c~.:!C:C:1 shill be whh the:: wether tern 9:00 2--:1 t..::HU 10,00 :"'--:1 0:1'11.:1)' S:l. F:lthc:.r s~zJl h:...: t;'C::1 ref \h:t time j)c:iod i:'l evcn )'e:!J's. ), Ch~cr:n's E:.:-.n::!)'s: ita birtncl)' f:ills 0:1 2. wc::kczy, the ::on.euS".odi2.l puenl s~ul be . .. ... ... "- . 00 . -.'0 ~~ 1'1' b'-'d'" ",'c." -.; :;]!:w:: : \"~s:t \\'l~n ;1'1:; C:iiJo .,':::1:1: pm.o I.J rul. ~ ne !'H'..> IS on 10 I ..hC..... c':v ;;'C:1:1 J hocr \~sh wm ~c G.!!cwc.:L ., 0~k~ A- p~ ~(?eo.( ~~ ~ "'--._~'" i ) ,. .. " ::j -, r:-:" N \.!) ~ .... 'r.: in:n -nFn .;'!O ~') l ~~s.? ;~i'.;) .~~ l ) c.5fn ,--t )> :~ ~ ~ t 1 () . D ~ - () "" ~ ...c:: (J:! ~ - ~ ~ "--'-. (') c:~ ..., = = ..n '- f~ I :~I.' :., .,'1 . ~~,' :':,' c~: l.,' ;;, :::'~ ~ ..1, ~ f I :\ ;/~ (") ....., ~ = c: = :;- Con ~[ii % !~ cprr. c:> -= z~ I ~' :TJ .: 0 r: tOO, :r! "T" '< .' 3!:o -u o:iJ :II: --0 5-0 ~ am :-c: ~ ;iF c:> ~ U1 ...... Susan K. Fritchman-Pickford Plaintiff/Respondent V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 98-0673 Scott D. Pickford, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY PETITION TO MODIFY Mav 7,2001. STIPULATION OF THE PARTIES 1. The Defendant/Petitioner is Scott D. Pickford, father of the subject children in this Petition (hereinafter referred to as Father). 2. Father is an adult individual residing at 117 N. 20th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The Plaintiff/Respondent is Susan K. Fritchman-Pickford, mother of the subject children in this Petition (hereinafter referred to as Mother). 4. Mother is an adult individual residing at 525 Haldeman Boulevard, New Cumberland, Cumberland County, Pennsylvania, 17070. 5. Attached hereto as Exhibit A and made part hereof as if fully set forth is the May 7,2001, Stipulation of the Parties. 6. Father seeks to modify the existing stipulation in accordance with Section III of said Stipulation and award shared legal and physical custody to Father. 7. The best interests of the children will be served by modifying the terms of the stipulation accordingly. WHEREFORE, Father respectfully requests that your Honorable Court grant the relief requested herein. Respectfully Submitted, MILLER L1PSITT LLC ~J James A. Miller, ESvqUire 2157 Market Street _ Camp Hi~ 1 \7T7T737-6400 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ! laq -j ~~Sf' . I ~e~D I , 'r)~V '\J-~O : t-lt-\^ 4~~l'1q Mei-lo / . ~ ,....~._..~,""'_._-~......__.__. '. + .Z:-,', (It 1 2: Su:'s residence shall be the primary physical residenc~: of the c~dren. l'V.. yan n ay 0, , ...1:an ~:....-: . Father shall enjoy periods of partial custody every Tuesday from 5:00 PM until 7:30 PM On the father's custodial weekend, the father shall have custody of the children on Friday from 5;00 PM until Sunday at 7:30 PM On the father's non-custodial weekend, he shall have custody on Thursday from 5;00 PM until 7:30 PM This schedule will c:ommence during the week of November 1, 1999. ... ~.,,...... ""'lI~""'" s,.!J.... e-';tl d \0 "..., '0 ..0..-..... c'~..s o',.~,...,.;o~ ...",' '0 !",... .,1....... :.... ,.......0:...... .\.":- J. _.....1.1_.....4 ,,_ ....... ..l"l e ....."" I . ..II...... _.' . __...l.. .... 01...... I ~... ._...~.j ...=j........~ ..._; .., ; 'cloci.!' ..~t' t'e c~;l.J- - :...,.......:....,.0 u';;:"/O .;...... ,"c.,:o .;-.... S....'1 b'" -.-,1,.. 1....0.. . . ( ~Z). .,~. ,..; l.. II 1_1.0. e:1. lI1C ..........110,;\01.. .. ..~.. .in.. -. ':'..1 n ."........ ...:.- ... I..".... ~J ...71.0 :-;th:'~':..ier ?a:::;t at l~t 30 ,oars in' :dvZ,;,;c.e.' Fur;,h=~oj:::, the vacatiocing pZ:~:1t sh~l ?;"O\~CC 2..S .'co'-~J"e":,"\ :\:.....-.,""", ~~ ""OSSI"J'.. '0 t..... ...,~"'e" "".,.......~ -j....;s I:,' S.......10. :......1, 'c'.. ........0..... -..-..;........ . ..': __.:.H:,,..._l.. ':"':: ~ ..:...._} ~:' . ':'.'-:', ........ ':'h'; . ....__.h. 1_ I_I </v..... ............ .. ."''' ..... .....j.....l~ ;': ~.;:...:...;...;.- I........ "c"':,":-,,- .\':'JI ....... S' '.',.:':..;,,:"~';-',: .:'11 ~ ~ .:........-.........,. .,,,.--............ ":'..- :....._.~,... ....01'1 p" ......... S ..-::- ,,-..... .~.. lI:.........j.. "".. ~.::. ...._. ~ ....;...., .."lO.',S....... .._._.....1;). .. ...H............. \J . _...... . ..... ... ....- _. ~ - . . .~;.-.:..o' ":":l~.. .~. :..:i,.:_..... ,,".;'.~1. (,0" ......~...... .O....-.! .,' I"'-.l ....0 I' ,.. ."..:...,....~:....., .,; .2::..._ ~ 1._.... ~..... C''''''''''I _~c:.::';.::......... L .............. ....:....... ..::.~. .,~ lw..S C_I..;S ~ =1\ C.. \..c.;;..C:'l .."::.~; ?~";i~d. "'. -::.~:": ".- ". ..... .-.. , ,. \~::'h' ..s:"'I....... '0 .:_~,.. .,,'111 .h,.. "J~:'C';.......,I holJ'C~""~ ,....c C"IJo\\':r,n ,,'"lr "'nt',..... "-'C" "'. 1 .1.. I.. r""'~ l. I....... .~.......... ........ 1 _~._....I .... 1.=. ~ ...,::-...-..1' ... )... hiother's D2Y ",jO Fathers's Da)': The chilc~::i sh~l be \vith the rcsp~:i\'c pzrc::i iro::1 ". . Sunc.l)' at 9:00 am until Sunoay z\ 7:30 pm. . " 3. ~1e:7'lO~a.! Dz....: The c:llldr~n sc~ si:)e:id frO::i 9:00 2.m t"O 7:30 0....1 \;~th thcL- f~th:i ;;, eve:; ." . . .: '. )'cz.rs a..,d w11n their mother in oed )"c..l.'"s. ~ C. Labor Dzy: The children sh::.!! be '.\~th the:; mo:her in c''-en yc..:.rs :lno their f:lthcr :;'1 o~d ..' )'eus on tho Mond:!y of the ho~d:!)' from 9:00 ,"~llc, 7:30 ;om. . ,E. New Ye..us: The children shill spend this holiday ''';th their mOlher. However, iithc , . , ':':' ." holiday fills on a regularly, seb:ciuled visitation \\;tb f:lther, father shall be given ::l!l . alternate time to visit \Viththe children. ::.> F. EaS'ter: This holiday shill b~' di~~ci=d into 2 seZ:J1ents. Seg.-neot A shall be from 6:00 pm of .. ..... :. .. ...." ../ .. - - . !;,!:>>Saturd'ay evenin'g'untif no~n,o.~:Easter day, Segmont B shall be from 'noon unti16:00 pm on E2.S:er-c2)'. !\fo!~e: shzJl have se::::e:;r A L, odd \'e2.rs z..,d Fa"he- s....~ll :...... . - ~ l j 11..:..... u.:. ~ e seZ7ien! :\ In eycn yeats. - 1- ~~o..\"e.:n: The ~2.rC:"I:S a!!ic: to 2Jt~rn2.!e \vho shill i,,a..t:e the chiJdre;, to the Ha1!o\\"ccn d, ,,_ . _ P:.r:;c:= ?-1d .,;.~.o s:-:z.~- t.!...",c the chiJ:::C:'l trick or tTelting. L"'l odd )'Cl!"S, Scott \\~lJ u..",c t:,,:: c:-.::c:C:'l:o i;i~:, :;.."':: ::~: G.::d S:.:s:.:: s:".111 t:!...\:c: t~::7l ~o :~:!..;""zccs. Th:y ..\~!J re\'ersc roles::1 C"'CilY~S. 1. f01,;;'"'..n or July: In oc..: ::.~s t;;e :::-:.:2c::~ shall be \\~t;, the:: ;';lothe: tem 9:00 a.-n t:::t:l 1 0.00 ~.j 0:"1 July S=:. Fz.ibcr s::.a.lJ h~\': t;,e;7l for th~t ti;..,c pc:iod in c','cn yc:;:s. ] C....:'c:r.....s =.;.-..h::~vs. l.f a b~bd,y fz.!Js on 2. wc.:kcizy tbe non.c'...lS".odial puent sh::.J1 be . .._....11 ...._ -.." _ I :J:c'scd ~ \~5;t with th~t ehiJo f;o:7l 5:00 pm:o i:30 pm. If the bii,hd:y is on 2 "'\"c:~c:;d C~;. t;,cn a 3 hour \':sit '.\ill OC a.1!c',':,'c.:L .' ~~k-l- A- p~ ~(Jo..t ~~ '.'.:.: .,.;',.!<j:.t,;:,:__. _A._":-' ' --_...---.-~-.;;...;...;.'"'-_. 'lJf :~~ 'I~ :~ "~i I . . :,\: ~.,. '-,'- - -' --~-~._..... __..----'":c,____.,,_'",, _ . '.' .__,'~u_~...'....,_'- 3. WIth respect to the Thaoksgiving holiday, this holiday will be broken into two segments. Segment A will be from 5:00 PM on Wednesday until 12:00 PM on Friday. Segment B will be from 12;00 PM on Friday until 7:30 PM on SJ.mday. However, for the weekend following Thanksgiving, the parent whose regularly scheduled weekend with the children is that weekend shall have Segment K Tlie other parent shall automatically have Scgmeat A 5. W:Ith respect to Christmas, the Christmas holiday shaI1 be divided into two segm....rs, Segment A shall be from 5:00 PM December 24111 until 5:00 PM December 25". Segment B shall be from 5: PM on the 2sm until 5:00 PM on December 26"'. The children will be with their mother for Segment A in all odd years and with their father for Segment A in all even years. T , i f '. ~~~~ ~ ud, o ~ '-~~ J:: (J ~ ~ -U ~ ~ r ~ ~ ~ _., (), '-.-,:1 ~'i ~,'> ~\ \ --- ~, r:-? t'~ ,,;.l SUSAN K. FRITCHMAN. PICKFORD PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 98-0673 CIVIL ACTION LAW SCOTT D, PICKFORD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, VVednesday, June 15,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p, Greevy, Esq. , the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Monday, July 25,2005 at 9:00 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 Curnish any and all existing Protection from Abuse orders, Special ReUeC orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl(. FOR THE COURT. By: Isl Melissa P. Greevy, Esq. Custody Conciliator tI The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 A TTORNEY AT ONCE, IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 I 3 Telephone (717) 249-3] 66 1.m1fX' .~ ~ i"d'tt'lI"1! ~ - .517 1/-'1 !Jfv' ~ ~>1;' ~ JO'J/-I} ~ fJv ~ ~ -~J -P? JtJ'J/; ViN'r/l\"L\Si\:\'3d I "1"r.,.., :T ,',-' 'C:Cil/my. IUJ",',,,',, ,"'" C I :2 Hd 91 Nlll' ~afil Al:JV1Ci<OillfJ:d 3Hl :10 38i,C!:I(}-0311:J " , RECEIVED AUG 01 Z005 ~ c Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-0673 CIVIL TERM CIVIL ACTION - LAW SUSAN K, FRITCHMAN-PICKFORD, v. SCOTT D, PICKFORD, IN CUSTODY Defendant OLER, J, --- ORDER OF COURT AND NOW, this ~LL day of August, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, A hearing is scheduled intfourtroom Number 1-. of the Cumberland County Courthouse, on the 9AU- day of v~ , 2005, at i\'.()~ o'clock JL."M., at which time testimony will be taken, For the purposes of the hearing, the Mother, Susan K. Fritchman-Pickford, shall be deemed to be the moving party ~nd shall proceed initially with testimony, Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness, These memoranda shall be filed at least ten days prior to the hearing date, Dist: ~;bara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 ..tames A, Miller, Esquire, 2157 Market Street, Camp Hill, PA 17011 ~ ~dJ 0"6-0 AlED-OmCE OF THE PROTHONOTARY Z005AUG-8 AHI110G CUM8ERlj~'.D COUi'.'TY PENNSYLVAi\jIA Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-0673 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY SUSAN K. FRITCHMAN-PICKFORD, v, SCOTT D, PICKFORD, Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF MacKenzie Pickford William Pickford December 18, 1995 May 3, 1993 Mother Mother 2, Father filed a Petition to Modify the May 7, 2001 Stipulation of the parties on June 1, 2005, A Custody Conciliation Conference was held on July 25, 2005 with the following individuals in attendance: the Mother, Susan K, Fritchman-Pickford, and her counsel, Barbara Sumple-Sullivan, Esquire; the Father, Scott D, Pickford, and his counsel, James A. Miller, Esquire, 3, Father's position on custody is as follows: Father wants to have shared legal custody of the children, The parties' present Stipulation and Order of May 7, 2001 provided a four year plan for the children which is apparently subject to review at the conclusion of the four years, Based on the expiration of the four year period, Father now desires to have the Court enter an Order granting him shared legal custody of the children, Apparently, during the intervening years since the entry of the Order, the parties have been participating in a mediation/arbitration dispute resolution process with Dr. Arnold T, Sheinvold. Though the parties have had a lengthy history of litigation surrounding the children, this process has apparently borne some success in keeping the parties out of Court, It is Father's perception that the Mother is overprotective of the children, 4. Mother's position on custodv is as follows: Mother reports that the process the parties have used with Dr. Sheinvold has been successful in resolving a number of issues, However, she remains concerned about Father's judgment with regard to safety and welfare issues, The parties have apparently discussed such issues as riding an A TV, the son's use of a pocket knife, discipline, and the introduction of Father's newest girlfriend, Because of NO, 98-0673 CIVIL TERM Mother's ongoing concerns with regard to Father's judgment, she is reluctant to agree to change the present circumstances with regard to legal custody, In particular, she is concerned that if the parties are sharing legal custody and in disagreement that they may not be promptly able to access dispute resolution services as quickly as might be needed for a particular issue, :255655 SUSAN K, FRITCHMAN-PICKFORD, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT D, PICKFORD, DEFENDANT 98-0673 CIVIL TERM ORDER OF COURT AND NOW, this ~*"' day of November, 2005, IT IS ORDERED that the petition of Scott D, Pickford seeking joint legal custody with the mother Susan K, Fritchman-Pickford to William Scott Pickford, born May 3, 1993, and Mackenzie Reed Pickford, born December 18, 1995, IS GRANTED. Except for legal custody, all other provisions of the parties' custody instruments shall remain in full effect. .... /" By the/Court, / . /~/ ., \ ~rbara Sumple-Sullivan, Esquire For Plaintiff I :sal (") s ~ -oft !"T1rT' '\...;>"'! ~?" r:,.\. "'-- ~:2, J>c ~ ....., g "" $ ....:: I o "T1 ~"T1 ~r-~ :0 -:l o --i.,' I..{ ~2o '?'-'Tl 0' ...... ~ '< -0 :x I):' o U\