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HomeMy WebLinkAbout99-05240Z% MAY 1 0 200 VAN NICKERSON, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. KARLA NICKERSON, CIVIL ACTION - LAW NO. IN C 8DY40 CIVIL TERM Respondent ORDER OF COURT AND NOW, this 1U day of ?.,1(I? I , 2000, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Esquire, Custody Conciliator, located at on of 2000, at '. 0 0 o'clock -P.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: s 're?- ?l Custody Conciliator E cc: James J. Kayer, Esquire Counsel for the Plaintiff - (11d . 6?„ M /??/dv Thomas S. Diehl, Esquire _ Ufa, aka Qc?I S`i ??ov Counsel for the Defendant 51171CV LSD-[ 19: n VAN NICKERSON, IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION-LAW KARLA NICKERSON, NO.2000 - 5240 CIVIL TERM Respondent : IN CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER COMES NOW, Petitioner, KARLA A. NICKERSON, by and through her attorney, James J. Kayer, Esquire, who does hereby aver as follows: 1. Petitioner, Karla A. Nickerson is an adult individual residing at: 41 Maryland Drive, Carlisle, PA, 17013 2. The Respondent, Van C. Nickerson is an adult individual with a mailing address of P 0 Box 611, New Bloomfield, PA, 17068. The parties have two children, Kayla E. Nickerson bom September 18, 1993 and Chyenne N. Nickerson born January 12, 1996. 4. The parties are currently operating under an Order of Court dated November 17, 1999 which provides the mother with primary physical custody of the children and provides the father with certain rights of partial physical custody as specified in Paragraph 3(a) of the Order. A copy of the Order is attached hereto and designated as Exhibit "A". 5. The parties also are operating under a Protection Order dated September 21, 1999, which is attached hereto and designated as Exhibit "B". 6. Since the November, 17, 1999 Custody Order went into effect, the Respondent has been convicted of simple assault of the Petitioner, regarding an incident which occurred prior to the institution of the Protection Order designated as Exhibit "B". 7. As a result of the above referenced conviction, the Respondent was incarcerated in the Cumberland County Prison for approximately two weeks in February , 2000. 8. Upon his release from prison the Respondent has established a residence for himself outside of Carlisle, specifically, in the New Bloomfield, Perry County area. 9. The November 17, 1999 custody order did not anticipate significant travel between the parties' household. The Order currently causes a logistical hardship upon the mother and the children, to wit, it is necessary for the mother to transport the children to the fathers home at 7:00 a.m., on alternating Tuesday's and Thursday's, only to have the eldest child immediately return to Carlisle so that she can attend her school as she is in Kindergarten. 10. The parties recently attended an initial hearing and adjudication regarding support on April 4, 2000. As a result of the recommended Order by the Domestic Relations Hearing Officer, Respondent became so outraged that he left the hearing room prior to the conclusion of the hearing. 11. The parties' children had waited in the waiting room at the Domestic Relations Office while the conference was in progress. When the Respondent left the conference early he created a scene in the Domestic Relations Office waiting room by yelling at the children, the maternal grandmother and handling the children roughly. It required intervention of Domestic Relations enforcement personnel to calmly manage the situation without further incident. 12. During discussion that occurred at the support conference on April 4, 2000 as well as immediately thereafter, the Respondent communicated his intention to no longer to abide by the oral modification that the parties had reached regarding transportation responsibilities and demanded strict enforcement of the terms of the existing order which will require the Petitioner to travel to the Respondent's residence to pick up the children. 13. Respondent has not been in compliance of with many terms of the November 17, 1999 Custody Order. This most recent violation of the Order occurred on April 3, 2000 when he was returning the children to the mother's custody at 3:00 p.m. and failed to deliver the children until approximately 8:00 p.m. He did not advise the mother or any other individual of his intention to keep the children and the mother was unaware of the children's whereabouts. 14. Paragraph 7 of the November 17, 1999 Order requires that neither party shall do or say anything that may estrange the children of the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of children's love and respect of the other parent. 15. Respondent's outburst in the lobby in the Domestic Relations Office in the presence of the children is representative of his continuing behavior that he demonstrates in the presence of children. 16. At various times throughout the parties' separation, the Respondent has threatened to do physical harm to the Petitioner, and has threatened to keep the children from her. 17. Due to Respondent's relocation from the Carlisle area, Petitioner believes and therefore avers that a modification of the terms of the Order is appropriate more equally share of the burden of transporting the children as well as to cause the children the least possible disruption from their school and daycare schedules. 18. Due to the existence of the Protection Order currently in effect as well as the most recent events, the Petitioner believes and therefore avers it most appropriate that custody transfers occur in a public location so as to ensure her own safety as well as the safety of the children. WHEREFORE, the Petitioner respectfully requests this matter be referred to the Custody Conciliator so that the safety of the children and mother are promoted as well as to provide a logical alternative to the current logistical difficulties involved in the transfer of custody due to the respondent's relocation. Respectfully submitted, KAYER & BROWN By:, Esquire ).#50838 East Liberty Avenue 3rlisle. PA 17013 (717) 243-7922 Attorney for Petitioner Date: S/ 3 2000 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Emergency Petition for Special Relief Under Pa. R.C.P. 1915.13 and Petition for Modification of a Custody Order was served on the following persons by First-class mail, and facsimile, postage prepaid, by forwarding a true and correct copy unto: Thomas Diehl, Esq 401 East Louther Street Carlisle PA 17013 Date ') / )/0 J. Car sle, PA 17013 (717) 243-7922 EXHIBIT "A" VAN C. NICKERSON, Plaintiff Vs. KARLA A. NICKERSON, Defendant : IN THE COURT OF O"ON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this PPO' day of _ `a ] pe.jb , 1999, upon consideration of the attached Custody Cond.liation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 28, 1999 is vacated and replaced with this Order. 2. The Father, Van C. Nickerson, and the Mother, Karla A. Nickerson, shall have shared legal custody of Kayla Elizabeth Nickerson, born September 18, 1993, and Cheyenne Nicole Nickerson, born January 12, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The parties shall have physical custody of the Children in. accordance with the following schedule: A. The Father shall have custody of the Children during alternating weeks from Thursday at 7:00 a.m. (when the Mother shall transport the Children to the Father's residence) through the following Monday at 3:00 p.m. (when the Mother or maternal grandmother shall pick up the Children at the Father's residence), and from the following Tuesday at 7:00 a.m. (when the Mother shall transport the Children to the Father's residence) until Tuesday at 3:00 p.m. (when the Mother or maternal grandmother shall pick up the Children at the Father's residence). B. The Mother shall have custody of the Children at all times not otherwise specified for the Father. 4. During her periods of custody, the Mother shall not leave the Children alone in the care of her boyfriend, Thomas French. The Mother shall ensure that her boyfriend does not participate in the Children's school activities. 5. During weeks when the Father does not have custody of the Children, the Mother shall ensure that the Children contact the Father by telephone on Monday, Wednesday and Friday in the morning. Both parties shall encourage the Children to contact the other parent at any other times. 6. In the event either party is unavailable to provide care for the Children during his or her period of custody, that party shall make arrangements with family members to provide care for the Children. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /s/ /Lnn,-. Cc . )? Kevin A. Hess, J. cc: Thomas S. Diehl, Esquire - Counsel for Father Mark Swartz, Esquire - rounsel for Mother I? I.. 551 my nand 105. ................'. C'?l! N. '. 4'! ............ Z • Prothono ary VAN C. NICKERSON, Plaintiff VS. KARLA A. NICKERSON, Defendant PRIOR JUDGE. Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH C[DffiERLAND COMM 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Elizabeth Nickerson September 18, 1993 Mother/Father Cheyenne Nicole Nickerson January 12, 1996 Mother/Father 2. A Conciliation Conference was held on November 9, 1999, with the following individuals in attendance: The Father, Van C. Nickerson, with his counsel, Thomas S. Diehl, Esquire, and the Mother, Karla A. Nickerson, with her counsel, Mark Swartz, Esquire. 3. The parties agreed to entry of an Order in the form as attached. N,ruo , . lw, /? i 4 9 9 Date -??- Dawn S. Sunday, ks e/ Custody Conciliator EXHIBIT "B" KARLA A. NICKERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5165 CIVIL TERM VAN C. NICKERSON, Respondent PROTECTION FROM ABUSE ORDER OF COURT 4 AND NOW, this day of September, 1999 upon presentation and consideratign of the within Stipulation and Agreement, the following Order is entered. The defendant, VAN C. NICKERSON, whose current address is 21 "H" Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, KARLA A. NICKERSON, or placing her in fear of abuse and is ordered to stay away from any location where she may reside for a period of one (1) year from the date of this Order of Court. The defendant is hereby notified that if he fails to follow this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed S 1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. The petitioner, Karla A. Nickerson, is granted exclusive possession of her apartment located at 41 Marilyn Drive, Carlisle, Pennsylvania 17013. The petitioner, Karla A. Nickerson, is granted temporary primary physical custody of the minor children, Kayla E. Nickerson, age 6, date of birth, September 18, 1993, and Chyenne N. Nickerson, age 3, date of birth, January 12, 1996, until further Order of Court. The respondent, Van C. Nickerson, is ordered to pay the costs of this PFA action as well as the sum of Two Hundred Fifty and no/100 (5250.00) Dollars being the legal fees of the petitioner, Karla A. Nickerson. The Pennsylvania State Police, the District Justice of Carlisle, and the North Middleton Township Police Department will be provided with a copy of this Order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be arraigned before the appropriate c]istrictjustice. (23 Pa.C.S.A. §6113). BY THE COURT, Edgar B. Bay y, Judge Iq 'a57 . . . :1 u,i;-, :i2! r;r/ hand 611;1 tide TJ!t at ca'!!$i , Pa. This ...,?1 day of .x?t...-.., 1955.. ? -? Prothonotary KARLA A. NICKERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5165 CIVIL TERM VAN C. NICKERSON, Respondent PROTECTION FROM ABUSE STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT is made September 1999, by and between Karla A. Nickerson of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Petitioner," and Van C. ';i=:;erson of Carlisle, Cumberland County, Pennsylvania. hereinafter referred to as "Respondent." WHEREAS, both parties to this stipulation agree to the Court Order and neither party admits or denies any allegation in the petition; WHEREAS the respondent has agreed to enter into this stipulation willingly, understanding its force and effect. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: Respondent agrees to refrain from abusing, threatening with violence, harassing or visiting the petitioner at any place or any time; and 2. Respondent agrees to be excluded from any residence where the Petitioner may reside; 3. It is understood by the parties that notwithstanding this agreement, the respondent neither admits nor denies the allegations contained in the petition. 4. The respondent agrees to pay for the costs of the PFA action and reasonable legal fees to the petitioner in the amount of Two Hundred Fifty and no/100 (5250.00) Dollars. 5. Pending further order of Court, the petitioner will have primary custody of Kayla E. Nickerson, age 6, date of birth, September 18, 1993, and Chyenne N. Nickerson, age 3, date of WITNESS off/ /995 *RLA6A-.U1CRSON DATE DATE VAN C. NICKERSON birth, January 12, 1996. VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to unswom falsification to authorities. Date: `I ?T v v? J V ti/ LJ ? • r Qm A ? o = N CD 0C Nfi? m N O O C O < O W j ? C co VAN C. NICKERSON, Plaintiff VS. KARLA A. NICKERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this /7' day of No c -Gv , 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court dated September 28, 1999 is vacated and replaced with this Order. 2. The Father, Van C. Nickerson, and the Mother, Karla A. Nickerson, shall have shared legal custody of Kayla Elizabeth Nickerson, born September 18, 1993, and Cheyenne Nicole Nickerson, born January 12, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children during alternating weeks from Thursday at 7:00 a.m. (when the Mother shall transport the Children to the Father's residence) through the following Monday at 3:00 p.m. (when the Mother or maternal grandmother shall pick up the Children at the Father's residence), and from the following Tuesday at 7:00 a.m. (when the Mother shall transport the Children to the Father's residence) until Tuesday at 3:00 p.m. (when the Mother or maternal grandmother shall pick up the Children at the Father's residence). B. The Mother shall have custody of the Children at all times not otherwise specified for the Father. 4. During her periods of custody, the Mother shall not leave the Children alone in the care of her boyfriend, Thomas French. The Mother shall ensure that her boyfriend does not participate in the Children's school activities. 5. During weeks when the Father does not have custody of the Children, the Mother shall ensure that the Children contact the Father by telephone on Monday, Wednesday and Friday in the morning. Both parties shall encourage the Children to contact the other parent at any other I times. 6. In the event either party is unavailable to provide care for the Children during his or her period of custody, that party shall make arrangements with family members to provide care for the Children. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Thomas S. Diehl, Esquire - Counsel f? Father 6*dl ; .4- ??1l?lQ R . Mark Swartz, Esquire - Counsel for other ?? " VAN C. NICKERSON, Plaintiff VS. KARLA A. NICKERSON, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5290 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Elizabeth Nickerson September 18, 1993 Mother/Father Cheyenne Nicole Nickerson January 12, 1996 Mother/Father 2. A Conciliation Conference was held on November 91 1999, with the following individuals in attendance: The Father, Van C. Nickerson, with his counsel, Thomas S. Diehl, Esquire, and the Mother, Karla A. Nickerson, with her counsel, Mark Swartz, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date T^r- Dawn S. Sunday, Esquires Custody Conciliator e a 33 d? ZZ rH a N h aN W L?^ Q p'a?? UZ'y' . ro y '.3 P? fryQ 4J 'a V r{ '? Vd 'H app Y L ?i Ti a .???LCC X ?i N ?7Q?jyy CY p?I? a ~ q '.? }? 0 3 c?' U z ? E0 VAN NICKERSON, Plaintiff VS. KARLA A. NICKERSON, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM : IN CUSTODY PRAECIPE Please withdraw my appearance as counsel of record for the above-captioned Defendant. Date: April /Q 1 2000 ark D. Schwartz, Esquire Irwin, McKnight & Hughes Please enter my appearance as counsel of record for the above-captioned Defendant. Date: April 1( 2000 I'd L_ f V \) C N O O r y M p • N 1 A 0 A M d ? CA) ?s Lw C 0 n Ny m i3 O A p < O > O W G N VAN C. NICKERSON, Plaintiff VS. KARLA A. NICKERSON, Defendant AMID NOW, this //- day of ocJvsb , 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Van C. Nickerson, and the Mother, Karla A. Nickerson, shall have shared legal custody of Kayla Elizabeth Nickerson, born September 18, 1993, and Cheyenne Nicole Nickerson, born January 12, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall have physical custody of the Children in accordance with the following schedule: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT A. The Father shall have custody of the Children during alternating weeks from Thursday at 4:00 p.m. through Monday at 6:00 p.m., beginning September 30, 1999. B. The Mother shall have custody of the Children at all times not otherwise specified for the Father. 3. The Mother shall ensure that the maternal grandmother provides transportation to the Father's residence for all exchanges of custody. During the exchanges of custody, the maternal grandmother shall remain in the car and the Father shall remain in his residence. All custody exchanges shall be handled civilly and cooperatively with the focus on the best interests of the Children. 4. During her periods of custody, the Mother shall not leave the Children alone in the care of her boyfriend, Thomas French. 5. During his periods of custody, the Father shall ensure that the Children do not sleep overnight at the Father's sister's home and the Father shall be present during all times when the children are at his sister's home. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the i Children's love and respect for the other parent. 7. The parties and counsel shall attend an additional Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, Esquire, on November 9, 1999 at 1:00 p.m. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: Thomas S. Diehl, Esquire - Counsel for Father -2 Mark Swartz, Esquire - Counsel for Mother _ d ?uz? ??//9 ? - ?8.7P. VAN C. NICKERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5240 CIVIL TERM KARLA A. NICKERSON, : CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SGM7ARY REPORT IN ACCORDANCE Wrl'B cumBBRLAND OOIkIPY 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 subjects of this litigation is as follows: NAME DATE OF BIM CURRENTLY IN CUSTODY OF Kayla Elizabeth Nickerson September 18, 1993 Mother/Father Cheyenne Nicole Nickerson January 12, 1996 Mother/Father 2. A Conciliation Conference was held on September 28, 1999, with the following individuals in attendance: The Father, Van C. Nickerson, with his counsel, Thomas S. Diehl, Esquire and the Mother, Karla A. Nickerson, with her counsel, Mark Swartz, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator w W N Z H H I p m 9 o . p g 04 •? ? w W ? r a H V ?c b ? ? ? ' E ? a p, & 3 en d y .? , oar u s ass VAN C. NICKERSON, Plaintiff V. KARLA A. NICKERSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. qg- nyo CIVIL TERM IN CUSTODY AND NOW, this 9c , upon consideration of the attached Complaint it is hereby directed that the parties and their respective counsel appear before S? Esquire, the conciliator, at W , Pennsylvania, on the a9 day of cam,,mhP ( , 1999, at 3'. Ck A.M./ .lu fo a Pre-hearing Custody Conference. Att 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 conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: 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 HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 FEN VAN C. NICKERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - CUSTODY :NO. 99-.5ravv CIVILTERM KARLA A. NICKERSON, Defendant : IN CUSTODY I. Plaintiff is Van C. Nickerson, an adult individual currently residing at 21 H Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Karla A. Nickerson, an adult individual currently residing at 41 Mairlyn Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff is the natural Father of the children, Kayla Elizabeth Nickerson, bom September 18, 1993 and Cheyenne Nicole Nickerson, bom January 12, 1996. 4. The children were bom out of wedlock. 5. In the past five years, the children have resided with the following persons at the following addresses for the following length of time: NAMF ADDRFSS 13Ag Van Nickerson 21 H Street July 1, 1999 to Carlisle, PA 17013 present Van Nickerson 21 H Street November 1994 to Karla Nickerson Carlisle, PA 17013 July 1, 1999 Van Nickerson 15 Coral Drive September 1993 to Karla Nickerson Carlisle, PA 17013 November 1994 6. The natural mother of the children is Karla A. Nickerson, who resides as aforesaid. .n She is married. I 7. The natural father of the children is Van C. Nickerson, who resides as aforesaid. He is married. 8. The relationship of the Plaintiffto the children is that of natural Father. The Plaintiff currently resides with the children. 9. The relationship of the Defendant to the child is that of natural Mother. It is unknown with whom the Defendant resides. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff is better suited to provide a stable environment to foster the children's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Dated: August 26, 1999 Attorney for the Plaintiff 401 Fast Louther Street, Suite 103 Carlisle, PA 17013 (717) 240-0833 (717) 249-2407 - FAX VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. VAN C. NICKERSON 1._ 4'1 U Rd \ v (? I A%Otl4'L fN' Thomas S Diehl do t I aat Lnthu Simi. Suns 101 CM111Il. RT11AIIIIIIIL 17(111 16I".011):NH1111 1 \C 041 124w207 ??///LAW OFFICES ,,gyp f"lt x, ?le C? -rGu wcs? ooaron Daoresmoc •. a?.o?wa fi0 WEST POMFRET STREET CARLISLE. PENNSYLVANIA 11013 3222 1 THOMAS S DIEHL ESQUIRE 401 EAST LOUTHER STREET CARLISLE PA 17013 I ' 4, KARLA A. NICKERSON, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5240 CIVIL TERM VAN C. NICKERSON, Respondent IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition for Special Relief, a hearing is scheduled for ._, 1999, at _ o'clock_ M. in Courtroom # Cumberland County Courthouse, Carlisle, Pennsylvania 17013. By the Court, J. KARLA A. NICKERSON, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA v' CIVIL ACTION - LAW 99-5240 CIVIL TERM VAN C. NICKERSON, Respondent IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the petitioner, Karla A. Nickerson, by and through her attorneys, Irwin, McKnight & Hughes, Esquires, and files this Petition for Special Relief making the following statement: The Petitioner is Karla A. Nickerson, an adult individual residing at 41 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania 17013. The Respondent is Van C. Nickerson, an adult individual residing at 21 °H" Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of Kayla E. Nickerson born September 18, 1993, and Chyenne N. Nickerson born January 12, 1996. 4. The plaintiff and defendant were married on August 9, 1997, in Carlisle, Cumberland County, Pennsylvania. 5. A Complaint in Divorce was filed on August 24, 1999 and is docketed in the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action 99-5165 Civil Tenn in Divorce. 6. Since the parties had separated in early July of (999, the parties hadjoint physical custody of the children per agreement. 7. The petitioner, Karla A. Nickerson, is an employee of Fry Communications, Mechanicsburg, Pennsylvania, and has a work schedule of seven (7) days on, seven (7) days off. 8. The agreement which was written by the parties and notarized called for the petitioner, Karla A. Nickerson, to have physical custody of the children during the week in which she was not working. s;? 9. .3( The respondent, Van C. Nickerson, had physical custody of the children during the week which .>.. the petitioner was working.; 10. On or about August 26, 1999, the respondent filed a Petition for Custody at the above docket ;fi number. On or about Tuesday, August 24, 1999, when the respondent was to have exchanged the children with the petitioner because she had just finished her seven day work week, respondent failed and refused to allow the petitioner to see her children pursuant to their agreement. 12. The respondent has consistently refused to allow the petitioner to have custody of her children. 13. The petitioner believes and therefore avers that it is within the best interests of the minor children that the petitioner and respondent abide by their agreement of joint physical custody until a court order can be formally issued pursuant to the above-captioned custody petition. WHEREFORE, the petitioner, Karla A. Nickerson respectfully requests this Honorable Court order that the respondent allow the petitioner to have custody of her children pursuant to their agreement. Respectfully submitted, IRWIN, cKNIGH HUGHES By: ark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney I.D. No: 70216 Attorney for the petitioner, Karla A. Nickerson Dated: September 2, 1999 KARLA A. NICKERSON, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-'5Zq C CIVIL TERM VAN C. NICKERSON, Respondent IN CUSTODY VERIFICATION I, KARLA A. NICKERSON, do hereby verify that the facts set forth in this Petition 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 unswom falsification to authorities. ??WLI K RLA A. NICKERSON Date:.Septeaber2, 1999 KARLA A. NICKERSON, IN THE COURT OF COMMON PLEAS OF Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5240 CIVIL TERM VAN C. NICKERSON, Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Mark D. Schwartz, Esquire, hereby certify that on this date a true and correct copy of the foregoing document was served upon the attorney for Plaintiffs by first-class United States Mail, postage prepaid in Carlisle, Pennsylvania 17013, addressed as follows: Thomas S. Diehl, Esquire 401 East Louther Strcetf Carlisle, PA 17013 // Mark D. Schwartz Irwin, McKnight & Hughes Attorney ID # 70216 Attorney for petitioner 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: September 2, 1999 ?. I 1 r.r J W O 0 ?flo ¦ H W ? S C N O ? S+ w n /r1 N N ?'WI ; ?V 3 N 6 x D i s ?LA?W OFFICES y, /YP el!-tUGIL, ??lf. r./L/IIj?? C.C. (J/I(??W ? SEP - . j, KARLA A. NICKERSON, IN THE COURT OF COMMON PLEAS OF Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5240 CIVIL TERM VAN C. NICKERSON, Respondent IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition for Special Relief, a hearin; is scheduled for 1999, at _ o'clock- Ni. in Courtroom # Cumberland County Courthouse, Carlisle, Pennsylvania 17013. By the Court, J. KARLA A. NICKERSON, Petitioner V. VAN C. NICKERSON, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5240 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the petitioner, Karla A. Nickerson, by and through her attorneys, ]resin, McKnight & Hughes, Esquires, and files this Petition for Special Relief making the following statement: The Petitioner is Karla A. Nickerson, an adult individual residing at 41 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Van C. Nickerson, an adult individual residing at 21 "H" Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of Kayla E. Nickerson born September 18, 1993, and Chyenne N. Nickerson born January 12, 1996. 4. The plaintiff and defendant were married on August 9, 1997, in Carlisle, Cumberland County, Pennsylvania. 5 A Complaint in Divorce was tiled on August 24. 1999 and is docketed in the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action 99-5165 Civil Temt in Divorce. 6. Since the parties had separated in early July of 1999, the parties had joint physical custody of the children per agreement. 7. The petitioner, Karla A. Nickerson, is an employee of Pry Communications, Mechanicsburg, Pennsylvania, and has a work schedule of seven (7) days on, seven (7) days off. 8. The agreement which was written by the parties and notarized called for the petitioner, Karla A. Nickerson, to have physical custody of the children during the week in which site was not working. 9. The respondent, Van C. Nickerson, had physical custody of the children during the week which the petitioner was working. I (). On or about August 26, 1999, the respondent tiled a Petition for Custody at the above docket number. On or about Tuesday, August 24, 1999, when the respondent was to have exchanged the children with the petitioner because she hadjust finished her seven day workweek. respondent tailed and refused to allow the petitioner to see her children pursuant to their agreement. 12. The respondent has consistently refused to allow the petitioner to have custody of her children. 13. The petitioner believes and therefore avers that it is within the best interests of the minor children that the petitioner and respondent abide by their ageement of joint physical custody until a court order can be formally issued pursuant to the above-captioned custody petition. WHEREFORE, the petitioner, Karla A. Nickerson respectfully requests this Honorable Court order that the respondent allow the petitioner to have custody of her children pursuant to their agreement. Respectfully submitted, IRWIN, cI4NIGH HUGHES By: Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle. PA 17013 717-249-2353 Attorney I.D. No: 70216 Attorney for the petitioner, Karla A. Nickerson Dated: September 2, 1999 KARLA A. NICKERSON, Petitioner V. VAN C. NICKERSON, Respondent : IN THE COURT OF CONINION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-'52'10 CIVIL TERM IN CUSTODY VERIFICATION 1. KARLA A. NICKERSON, do hereby verity that the facts set forth in this Petition 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 unswom falsification to authorities. K RLA A. NICKERSON Date:.September2, 1999 KARLA A. NICKERSON, Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5240 CIVIL TERM VAN C. NICKERSON, Respondent IN CUSTODY CERTIFICATE OF SERVICE 1, Mark D. Schwartz, Esquire, hereby certify that on this date a true and correct copy of the foregoing document was served upon the attorney for Plaintiffs by first-class United States Mail, postage prepaid in Carlisle, Pennsylvania 17013, addressed as follows: Thomas S. Diehl. Esquire 401 East Louther Street' Carlisle. PA 17013 ?? Mark D. Schwartz Irwin, McKnight & Hughes Attorney ID # 70216 Attorney for petitioner 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: September 2, 1999 KARLA A. NICKERSON, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5240 CIVILTERM VAN C. NICKERSON, Respondent IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition for Special Relief, a hearing is scheduled for , 1999, at o'clock- M. in Courtroom # Cumberland County Courthouse, Carlisle, Pennsylvania 17013. By the Court, J. LAW OFFICES wTSr .omnn .evessloun? nuamuc 60 WEST POMFRET STREET CARLISLE. PENNSYLVANIA 17013-3262 MARK D SCHWARTZ ESQUIRE IRWIN McRNIGHT 6 HUGHES 60 WEST POMFRET STREET CARLISLE PA 17013 l 'y I }1` 1 •A `a KARLA A. NICKERSON, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUN'T'Y, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5240 CIVIL TERM VAN C. NICKERSON, Respondent IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition for Special Relief, a hearing is scheduled for 1999, at o'clock- M. in Courtroom # Cumberland County Courthouse, Carlisle, Pennsylvania 17013. By the Court, J. KARLA A. NICKERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-5240 CIVIL ACTION LAW VAN C. NICKERSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 14 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beforedacgueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on Tuesday, September 03, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Jacqueline M Verney aq ?i Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 j_? q??r ? ' ? ': '. C. ?n< Uv:? hCi'?i ; ??7 DOS /C?G. ',lC?CI?/ ? a?.lL ?CmJ/Gt1.?J/ ?3 ?? KARLA A. NICKERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW VAN C. NICKERSON, N0.99-5240 CIVIL TERM Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of 2002 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 2002 at M. for aPre-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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. A. tvtt;t EKSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM VAN C. NICKERSON, Defendant/Respondent IN CUSTODY COMPLAINT FOR MODIFICATION OF CUSTODY AND NOW, this 8th of August 2002, comes the Plaintiff/Petitioner, Karla A. Nickerson, by her attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Modification of Custody. The Plaintiff/Petitioner is Karla A. Nickerson, an adult individual residing at 21 "H" Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant/Respondent is Van C. Nickerson, an adult individual residing at 374 Creek Road, Shennans Dale, Perry County, Pennsylvania 17090. 3. The parties are the natural parents of two minor children, namely, Kayla Elizabeth Nickerson, bom September 18, 1993, and Cheyenne Nicole Nickerson, bom January 12, 1996. 4. On November 10, 1999, a Custody Conciliation Report was issued in the above captioned case. A copy of the Order of Court dated November 17, 1999 is attached hereto and marked as Exhibit "A". 5. On July 6, 2000, a Custody Conciliation Report was issued in the above captioned case. A copy of the Order of Court dated July 13, 2000 is attached hereto and marked as Exhibit "B". 6. The parties met with the Conciliator and a brief report was issued dated January 17, 2002, a Custody Conciliation Report was issued in the above captioned case. A copy of the Order of Court dated January 25, 2002 is attached hereto and marked as Exhibit "C". On August 7, 2002, the Plaintiff/Petitioner has detected head lice in both of her daughters' hair. The Order of Court dated January 25, 2002, specifically states that in the event one or both children contract head lice another time, The Defendant/Respondents partial physical custody shall be suspended until he provides proof that his home has been disinfected. WHEREFORE, Plaintiff/Petitioner respectfully seeks the entry of an Order of Court setting a Conciliation Conference and that the Defendant/Respondent be denied his periods of partial physical custody until the Custody Conciliation Conference and subsequent Order of Court has been issued. Respectfully submitted, IRWIN, MC fMGHT 4 HUGHES By: Marcu(A. McKn' l Esc 60 West Pomfret re et Carlisle, Pennsylvania 17013 (717) 249-2353 Date: August 8, 2002 Supreme Court I.D. No. 2547 EXHIBIT A VAN C. NICKERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5240 CIVIL TERM KARLA A. NICKERSON, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this /7;gt' day of ?ne..G , 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 28, 1999 is vacated and replaced with this Order. 2. The Father, Van C. Nickerson, and the Mother, Karla A. Nickerson, shall have shared legal custody of Kayla Elizabeth Nickerson, born September 18, 1993, and Cheyenne Nicole Nickerson, born January 12, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children during alternating weeks from Thursday at 7:00 a.m. (when the Mother shall transport the Children to the Father's residence) through the following Monday at 3:00 p.m. (when the Mother or maternal grandmother shall pick up the Children at the Father's residence), and from the following Tuesday at 7:00 a.m. (when the Mother shall transport the Children to the Father's residence) until Tuesday at 3:00 p.m. (when the Mother or maternal grandmother shall pick up the Children at the Father's residence). B. The Mother shall have custody of the Children at all times not otherwise specified for the Father. 4. During her periods of custody, the Mother shall not leave the Children alone in the care of her boyfriend, Thomas French. The Mother shall ensure that her boyfriend does not participate in the Children's school activities. 5. During weeks when the Father does not have custody of the Children, the mother shall ensure that the Children contact the Father by telephone on Monday, Wednesday and Friday in the morning. Both parties shall encourage the Children to contact the other parent at any other times. 6. In the event either party is unavailable to provide care for the Children during his or her period of custody, that party shall make arrangements with family members to provide care for the Children. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, Kevin A. Hess, J. cc: Thomas S. Diehl, Esquire - Counsel for Father Mark Swartz, Esquire - Counsel for mother /.72X. -; 1.V- (15 «?JzL C?.T ? Z J1 VAN C. NICKERSON, Plaintiff VS. KARLA A. NICKERSON, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CCNCILIATICN SLYimARY REPORT IN AOOORDANCE WITH cum mum COMM 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Elizabeth Nickerson September 18, 1993 Mother/Father Cheyenne Nicole Nickerson January 12, 1996 Mother/Father 2. A Conciliation Conference was held on November 9, 1999, with the following individuals in attendance: The Father, Van C. Nickerson, with his counsel, Thomas S. Diehl, Esquire, and the Mother, Karla A. Nickerson, with her counsel, Mark Swartz, Esquire. 3. The parties agreed to entry of an order in the form as attached. "-pMAAJ2" In 199q Date Dawn S. Sunday, Esquire Custody Conciliator EXHIBIT B VAN NICKERSON, Petitioner VS. KARLA NICKERSON, Respondent IN THE COURT OF COMMON PLEAS OF ?'• CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5240 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this a`Lday of & , 2000, upon consideration of the attached Custody Co illation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 17, 1999 shall continue in effect with the exception of paragraphs 3 and 5 which are vacated and replaced by the provisions in this Order. 2. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, PhD. or other professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information concerning the parties or the Children. The parties shall equally share the cost of the evaluation with the exception that the Mother shall be solely responsible to pay for any sessions with the mother's boyfriend. 3. Pending further Order of Court or agreement of the parties, parties shall have physical custody of the following schedule: the Children in accordance with the A. The Father shall have custody of the Children during alternating weeks from Thursday at 3:00 p.m., when the Father shall pick up the Children from the babysitter through the following Tuesday at 7:00 a.m., when the Father shall transport the Children back to the babysitter. The Father's periods of custody under this provision shall begin on Thursday, July 6, 2000. B. The Mother shall have custody of the Children at all times not otherwise specified for the Father. After the Father's periods of custody ending on alternating Tuesdays, the Mother shall pick up the Children at the babysitter. 4. Both parties shall encourage the Children to contact the non-custodial parent by telephone. ;• 5. Upon completion of the custody evaluation, in the event the parties, are not at that time able to reach an agreement as to ongoing custody arrangements, counsel for either party may contact the Conciliator within 3 months of receipt of the evaluator's recommendations, to schedule an additional Custody Conciliation Conference. BY THE COURT, ReVin A. Hess, J, cc: Jane Adams, Esquire - Counsel for Father James J. Kayer, Esquire - Counsel for Mother TRUE COPY FROM RECORD In Testimony whereof, I heFC unto set my hand and the seal of said Court at Carlisle, Pa. This .../ ?L ..... day of..94.......... <2.v.o Prothone(ary VAN NICKERSON, IN THE COURT OF Petitioner COMMON PLEAS OF j CUMBERLAND CCUNT'Y, PENNSYLVANIA VS. NO. 99-5240 CIVIL TERM KARLA NICKERSON, a CIVIL ACTION - LAW Respondent IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY OCl'1CILIATICN SUMMARY REPCRT 1915.3-8, the CCORDig ed M Custody CU Conciliator suMbmitRULE s thOFfolC lov P m n9 report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRFITPLY IN CUSTODY OF Kayla E. Nickerson September 18, 1993 Cheyenne N. Nickerson January 12, 1996 Mother/Father Mother/Father 2. A Conciliation Conference was held on July 5, 2000, with the following individuals in attendance: The Father, Van Nickerson, with his counsel, Jane Adams, Esquire, and the Mother, Karla Nickerson, with her counsel, James J. Kayer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. i Oat--?_?`^,y Dawn S. Sunday, Esquire Custody Conciliator EXHIBIT C KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1999-5240 CIVIL TERM : CIVIL ACTION. LAW IN CUSTODY ill+Vl11J jjj???'(((IIIIJJJ'lll ,!AN 2 9 2002 ORDER OF COURT IRWIN, Ald(NI4Gl1 & HUGHES AND NOW, this 2J "A day of Dcl- u r 2002, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. The prior Orders of Court dated November 17, 1999 and July 13, 2000 shall remain in full force and effect with the following additional provision: 2. In the event that the one or both of the children contract head lice one more time, Father's partial physical custody shall be suspended until Father provides proof that his home has been disinfected. BY THE COURT, 151 ). aL Kevin A. Hess, J. cc: Marcus A. McKnight, III, Esquire, Counsel for Mother Karl E. Rominger, Esquire, Counsel for Father S C^Py FROM RECORD la ;c;tic,:,?y ,hereof, I here unto set my hand and ih?, Kcal cf said ourt a Carlisle Pa. Prot notary. KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-5240 CIVIL TERM CIVIL ACTION - LAW li IN CUSTODY AN 2 9 2002 PRIOR JUDGE: Kevin A. Hess IRWIN, WVNIGIIT 9 HUGHES 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Elizabeth Nickerson September 18, 1993 Mother and Father Cheyenne Nicole Nickerson January12, 1996 Mother and Father 2. A Conciliation Conference was held in this matter on January 16, 2002, with the following individuals in attendance: The Mother, Karla A. Nickerson, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Van C. Nickerson, with his counsel, Karl E. Rominger, Esquire, 3. The Honorable Kevin A. Hess previously entered two Orders of Court, dated November 17, 1999 and July 13, 2000. At the Conciliation Conference held on January 16, 2002, Mother requested a modification to the prior Order of Court dated July 13,2002. 4. The parties agreed to entry of an Order in the form as attached. Date JJcqu ine M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of thir action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. KA LA A. NICKERSON Date: August 8, 2002 KARLA A. NICKERSON, Plaintiff/Petitioner V. VAN C. NICKERSON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 99-5240 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 By: IRWIN, McKNIGHT & 60 West Pomfret greet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: August 8, 2002 J LJ I. ?. 1. U CJ r O l ap, J 1k5'Af `y ., f e± ? , . ? 0 FNF ? W! y .M rn. I O F H O N W N 0 U .YV ?'`' s ?%'xuxin. .'lYc •?/Ivn9?/ Lt; /J/r??fiJ ti u f I &tE4 '`4 !!..,? ? ?tt yyyyyyNNNNNNryryryryryry''''''??,??, ' filYh,1 pyV 1 }?r;FYI 5 iri'rvs,`ry1?M 5fN ?m a;. n :4 r+'.°?? 1 s zaoz? r ? MAY 2 8 200'l.? KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 1999-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 7W day of n 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . The prior Orders of Court dated July 13, 2000 and January 25, 2002 shall remain in full force and effect with the following modifications and additional provisions: 2. Father shall have partial physical custody of the children on alternating weekends from Friday after school at 3:45 p.m. or from the babysitter's at 3:45 p.m. to Sunday at 7:00 p.m. 3. Father shall be entitled to three non-consecutive weeks in the summer provided he give Mother 30 days prior notice thereof. 4. Father shall be responsible for all transportation unless otherwise agreed by the parties. In the event third parties are necessary to transport the children on behalf of a parent, the third parties shall not communicate with the other parent. 5. Transfer of custody shall occur at the North Middleton Township Police Department. 6. Neither parent shall do or say anything nor permit any third party from doing or saying anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. .,. ,,- . , ? _ ?.; ,,_ . , . BY THE ,4 Kevin.Hess, J. cc: Marcus A. McKnight, III, Esquire, Counsel for Mother Karl E. Rominger, Esquire, Counsel for Father ct ptl ? ?.e X 5• o>' 9 9 KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant PRIOR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :99-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Elizabeth Nickerson September 18, 1993 Mother Cheyenne Nicole Nickerson January 12, 1996 Mother 2. A Conciliation Conference was held in this matter on May 24, 2002 with the following individuals in attendance: The Mother, Karla A. Nickerson, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Van C. Nickerson, with his counsel, Karl E. Rominger, Esquire. 3. The Honorable Kevin A. Hess previously entered two Orders of Court, dated July 13, 2000 and January 25, 2002. Mother filed for a modification of the prior Order of Court dated July 13, 2002. 4. The parties agreed to entry of an Order in the form as attached. Date acq line M. VCustody Conciliator era.. , KARLA A. NICKERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-5240 CIVIL ACTION LAW VAN C. NICKERSON DEFENDANT IN CUSTODY AND NOW, Tuesday, April 09, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on Thursday, April 25, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney- Esqk?ln Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KARLA A. NICKERSON, : IN THE COURT OF COM.NION PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM VAN C. NICKERSON, Respondent IN CUSTODY ORDER OF COURT' AND NOW, this day of 2002 upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, on the day of 2002 at M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KARLA A. NICKERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM VAN C. NICKERSON, Respondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this Ist of April 2002, comes the Petitioner, Karla A. Nickerson, by her attorneys, Irvin, McKnight and Hughes, and presents the following Petition for Custody. The Petitioner is Karla A. Nickerson, an adult individual residing at 21 "H" Street, Carlisle, Cumberland County, Pennsylvania 17013. The Respondent is Van C. Nickerson, an adult individual residing at 374 Creek Road, Shermans Dale, Perry County, Pennsylvania 17090. 3. The parties are the natural parents of two minor children, namely, Kayla Elizabeth Nickerson, born September 13, 1993, and Cheyenne Nicole Nickerson, born January 12, 1996. 4. The Order of Court dated July 13, 2000, provides that the parties submit to a Custody Evaluation with Stanley Schneider, Ph.D. The Petitioner has completed her sessions with the children and Dr. Schneider. The Respondent has failed to schedule any sessions with Dr. Schneider. A copy of the Order is enclosed and marked as Exhibit "A". 5. The Respondent has moved to Perry County and there have been increasing difficulties with the pick up and delivery of the children. 6. The Petitioner desires that these issues be resolved by the Custody Conciliator. 7 The parties met with the Conciliator and a brief report was issued dated January 25, 2002, a copy of which is marked as Exhibit "B". WHEREFORE, petitioner respectfully seeks the entry of an Order of Court setting a Conciliation Conference and that the Respondent be required to complete his session with Dr. Schneider. Respectfully IRWIN, iy{EK NIGK & HUGHES By: Marcu. A. McKni III, Esquire 60 West Pomfret tr et Carlisle, Pennsylvania 17013 (717) 249-2353 Date: April 1, 2002 Supreme Court I. D. No. 25476 EXHIBIT A VAN NICKERSON, . IN THE COURT CF COMMON PLEAS or.?;• Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5240 CIVIL TERM KARLA NICKERSON, CIVIL ACTION - LAW Respondent IN CUSTODY ORDER OF COURT AND NOW, this 13 t1w - day of 2000, upon consideration of the attached Custody Co it ation Report, it is ordered and directed as follows: 1. The prior order of this Court dated November 17, 1999 shall continue in effect with the. exception of paragraphs 3 and 5 which are vacated and replaced by the provisions in this order. 2. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, PhD. or other professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information concerning the parties or the Children. The parties shall equally share the cost of the evaluation with the exception that the Mother shall be solely responsible to pay for any sessions with the mother's boyfriend. 3. Pending further Order of Court or agreement of the parties, the parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children during alternating weeks from Thursday at 3:00 p.m., when the Father shall pick up the Children from the babysitter through the following Tuesday at 7:00 a.m., when the Father shall transport the Children back to the babysitter. The Father's periods of custody under this provision shall begin on Thursday, July 6, 2000. B. The Mother shall have custody of the Children at all times not otherwise specified for the Father. After the Father's periods of custody ending on alternating Tuesdays, the Mother shall pick up the Children at the babysitter. 4. Both parties shall encourage the Children to contact the non-custodial parent by telephone. P: 5. Upon completion of the custody evaluation, in the event the parties. are not at that time able to reach an agreement as to ongoing custody arrangements, counsel for either party may contact the Conciliator within 3 months of receipt of the evaluator's recommendations, to schedule an additional Custody Conciliation Conference. BY THE COURT, e in A. Hess, J. cc: Jane Adams, Esquire - Counsel for Father James J. Kayer, Esquire - Counsel for Mother TRUE COPY FROM RECORD In Testimony whereof, I heac unto set my hand .i and the seal of said Court at Carlisle, Pa. This .. . lZ. `....... day of. . u.4 2qv? Prothonofary?`' VAN NICKERSON, Petitioner Vs. KARLA NICKERSON, Respondent PRIOR JUDGE: Kevin A. Uess : IN THE COURT OP COMMON PLEAS OF CUMBERLAND CCUNTY, PENNSYLVANIA NO. 99-5290 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITB CEMBERUM =W Y 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OP Kayla E. Nickerson September 18, 1993 Mother/Father Cheyenne N. Nickerson January 12, 1996 Mother/Father 2. A Conciliation Conference was held on July 5, 2000, with the following individuals in attendance: The Father, Van Nickerson, with his counsel, Jane Adams, Esquire, and the Mother, Karla Nickerson, with her counsel, James J. Kayer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date -T?' Dawn S. Sunday, Esquire Custody Conciliator EXHIBIT B KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1999-5240 CIVIL TERM : CIVIL ACTION - LAW„ jt IN CUSTODY ORDER OF COURT R1 11 {) IIIN. Ali, ?i r!1 I i?' AND NOW, this - day of Ql 1 (l 2002, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. The prior Orders of Court dated November 17, 1999 and July 13, 2000 shall remain in full force and effect with the following additional provision: 2. In the event that the one or both of the children contract head lice one more time, Father's partial physical custody shall be suspended until Father provides proof that his home has been disinfected. BY THE COURT, S 1H/rl /il aL Kevin A. Hess J. cc: Marcus A. McKnight, III, Esquire, Counsel for Mother Karl E. Rominger, Esquire, Counsel for Father < azfl .j c pr rnO.M PD, ri T st',r•. aY v, ,Eraof, I here unto set my hand aitcl I'ris• Baal cf said ourt a Carlislo Pa. Prot notary VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. KAR A A. NICKERSON Date: April I, 2002 KARLA A. NICKERSON, : IN THE COURT OF CONINION PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM VAN C. NICKERSON, Respondent IN CUSTODY CERTIFICATE OF SERVICE 1, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Modification of Custody was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Karl E. Rominger, Esq. Rominger Law Offices 155 South Hanover Street Carlisle, PA 17013 IRWIN, NIcKWHT & By: Marcus A. blcKn(*, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: April 2, 2002 r r? - aed`F 1,4 dd-t !?. L i23An K r f ?°W?} pR?P. kµ ? a Y. J ?'frr ^b' Y dt", ,It CK A ' y f ? A s ,? eapy", ?e4• a' o?I .. !qf 9.4 ! ' 'S ? ?h ?,gqf a r ? ? PE Dv t3k?{?,. '{ py r. • ,?; Sys oN•IO G7 [ 1 Y ? f r ?ti^ s? o1sY? N' 4 Yf 1 t 2 ? ?e ury S ? ' 'N?•YA•i? p a x `? jE y \f > 3'T .??' i'4 ?Y1 r? ? M i v h'v;'?k a? 7- aya , an S ?c F•? j " le a ry Y. - ---------- ------ LAW OFFICES z ... w J/•J/7yii??I (x: it/ai hJ KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Z S day of ti,W 2002, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: 1. The prior Orders of Court dated November 17, 1999 and July 13, 2000 shall remain in full force and effect with the following additional provision: 2. In the event that the one or both of the children contract head lice one more time, Father's partial physical custody shall be suspended until Father provides proof that his home has been disinfected. BY THE COURT, Kevin A. ess, J. s A. McKnight, III, Esquire, Counsel for Mother , e apAAD arl E. Rominger, Esquire, Counsel for Father 0 1 -.2-5 -OR AXS cur ?)- .uNTY ,'J, KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :99-5240 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE. OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I . The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH 1 CURRENTLY IN C USTODY OF Kayla Elizabeth Nickerson September 18, 1993 Mother and Father Cheyenne Nicole Nickerson January 12, 1996 Mother and Father 2. A Conciliation Conference was held in this matter on January 16, 2002, with the following individuals in attendance: The Mother, Karla A. Nickerson, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Van C. Nickerson, with his counsel, Karl E. Rominger, Esquire. 3. The Honorable Kevin A. 1-less previously entered two Orders of'Court, dated November 17, 1999 and July 13, 2000. At the Conciliation Conference held on January 16, 2002, Mother requested a modification to the prior Order of Court dated July 13, 2002. 4. The parties agreed to entry of an Order in the form as attached. 1 Date Jacqu line M. Verney, Esquire Custody Conciliator %1 j 1e, V KARLA A. NICKERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-5240 CIVIL. ACTION LAW VAN C. NICKERSON DEFENDANT IN CUSTODY AND NOW, Monday, November 26 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Vernev Esq, the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on Tuesday, December 18, 2001 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ facqueline Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i f ?- - •ila a ? r V Nov z 0 2001 LD KARLA A. NICKERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM VAN C. NICKERSON, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of 2001 upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, on the _ day of 2001 at M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue (717) 249-3166 1-800-990-9108 KARLA A. NICKERSON, Petitioner V. VAN C. NICKERSON, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this 14th of November 2001, comes the Petitioner, Karla A. Nickerson, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. The Petitioner is Karla A. Nickerson, an adult individual residing at 21 "H" Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Van C. Nickerson, an adult individual residing at 1400 Newville Road, Carlisle, Pennsylvania 17013. 3. The parties are the natural parents of two minor children, namely, Kayla Elizabeth Nickerson, born September 18, 1993, and Cheyenne Nicole Nickerson, born January 12, 1996. 4. The Order of Court dated July 13, 2001, provides that the parties submit to a Custody Evaluation with Stanley Schneider, Ph.D. The Petitioner has completed her sessions with the children and Dr. Schneider. The Respondent has failed to schedule any sessions with Dr. Schneider. 5. The children were infected with head lice twelve times in 2001. The Respondent was notified on October 10, 2001, of his problem. On November It, 2001, the children returned full of head lice. 6. Petitioner desires primary physical custody of the children and the suspension of temporary custody by Respondent until the Respondent provides proof that the head lice have been removed from his property. 7. The best interest of the children requires that the court suspend the periods of temporary custody of the children until he provides proof that he has removed all head lice from his property and scheduled his initial appointment with Dr. Schneider. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court suspending Respondent's periods of temporary custody of the children until he provides proof that he has removed all head lice from his property and scheduled his initial appointment with Dr. Schneider. By: Respectfully submitted, IRWIN, McKNIGHT & HUGHES Marcu4A. McFhighq`IT u Attorney for etit' er, Karla A. Nickerson 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: November 14, 2001 EXHIBIT A VAN NICKERSON, : IN THE COURT OF COMMON PLEAS OF` Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5240 CIVIL TERM KARLA NICKERSON, CIVIL ACTION - LAW Respondent IN CUSTODY ORDER of COURT AND NCSV, this 13- day of ?, , 2000, upon consideration of the attached Custody Con it ation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 17, 1999 shall continue in effect with the exception of paragraphs 3 and 5 which are vacated and replaced by the provisions in this Order. 2• The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, PhD. or other professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information concerning the parties or the Children. The parties shall equally share the cost of the evaluation with the exception that the Mother shall be solely responsible to pay for any sessions with the Mother's boyfriend. 3. Pending further Order of Court or agreement of the parties, the parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children during alternating weeks from Thursday at 3:00 p.m., when the Father shall pick up the Children from the babysitter through the following Tuesday at 7:00 a.m., when the Father shall transport the Children back to the babysitter. The Father's periods of custody under this provision shall begin on Thursday, July 6, 2000. B. The Mother shall have custody of the Children at all times not otherwise specified for the Father. After the Father's periods of custody ending on alternating Tuesdays, the Mother shall pick up the Children at the babysitter. 4. Both parties shall encourage the Children to contact the non-custodial parent by telephone. ?;. 5. Upon completion of the custody evaluation, in the event the parties, are not at that time able to reach an agreement as to ongoing custody arrangements, counsel for either party may contact the Conciliator within 3 months of receipt of the evaluator's recommendations, to schedule an additional Custody Conciliation Conference. BY THE CURT, [JI /L[CKC? U • /V«G/J 'Kevin A. Hess, J. cc: Jane Adams, Esquire - Counsel for Father James J. Kayer, Esquire - Counsel for Mother TRUE COPY FROM RECORD In Testimony whereof, f We unto set my hand .? and the seal of said Court at Carlisle, Pa. This .../ -? . ..... day ofigup........... alma) ...Q. ?4x?cu....h?i"p,...` .' Nothonetary VAN NICKERSON, Petitioner Vs. KARLA NICKERSON, Respondent PRIOR JUDGE: Kevin A. fleas : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 1'. NO. 99-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTCDY CONCILIATION SUMMARY RENT IN ACCORDANCE WITH CUMBW"ND O=?1Y 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 subjects of this litigation is as follows: NM1E DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla E. Nickerson September 18, 1993 Mother/Father Cheyenne N. Nickerson January 12, 1996 Mother/Father 2. A Conciliation Conference was held on July 5, 2000, with the following individuals in attendance: The Father, Van Nickerson, with his counsel, Jane Adams, Esquire, and the Mother, Karla Nickerson, with her counsel, James J. Kayer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. , J-em o Date I Dawn 5. Sunday, Esquire Custody Conciliator Kayer and Brown Attorneys At Law A Professional Corporation Liberty Loft 4 E. Liberty Avenue Carlisle, Pennsylvania 17013 e-mail: jkayer®epix.net Telephone: (717) 243-7922 July 18, 2000 Stanley Schneider, Ed. D. Guidance Associates 412 Erford Road Camp Hill PA 17055 RE: Nickerson vs. Nickerson - In Custody Dear Dr. Schneider: FAX: (717) 243-0946 I am writing this letter to you to advise you that my client, Karla Nickerson will be contacting your office shortly to arrange for a custody evaluation to be performed in her case. I am enclosing a copy of the Court's Order confirming the arrangements for such an evaluation. Ms. Nickerson is currently enjoying primary physical custody and shared legal custody. The father, Van Nickerson, enjoys partial physical custody on a schedule that commences on alternating Thursday's at 3:00 p.m. until the following Tuesday until 7:00 a.m. This matter is currently before the court as the mother has filed a petition to modify the previous existing custody arrangement as she has perceived that the children encounter difficulties during the periods of time that the have remained with their father. Neither attorney, Jane Adams, who represent the father nor myself, felt that it would be necessary to present you with a detailed case history; however, I urge you to contact both counsel, should you believe it would be most appropriate. Thank you for your assistance in this matter. Very truly yours, i Jary' ?s?ayer? t. JJK/vjg cc: Karla Nickerson I Jane Adams, Esq. EXHIBIT B LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER R IRW/S .NARCUSA_1/,K11'/G//T. /II J4N£S D. HUGHES REBECCA R. HUGHES MARK D. SCHB: IRTZ DOL'GLASG MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013.3222 (717) 249-2353 FAX (717) 2496354 E MA/L: IMHLA W@SUPERNET. COM October 10, 2001 Karl E. Rominger, Esquire Rominger Law Offices 155 South Hanover Street Carlisle, PA 17013 Re: Van Nickerson v. Karla Nickerson No. 99-5240 Dear Karl: I am writing to you regarding the two issues I raised at the Custody Conciliation Conference. With regard to the custody evaluation by Stanley Schneider, Ph.D., I have enclosed a copy of the Order of Court dated July 13, 2001. Paragraph two (2) of the Order requires the custody evaluation. My client has nearly completed her sessions. I understand that your client has not yet made any arrangements to see Dr. Schneider. With regard to the head lice problem, my client indicates that the children have returned from a weekend with your client with infestation of head lice twelve (12) times in 2001. 1 have enclosed the list of dates. Your client has been repeatedly told that he must clean up his home and remove the head lice. If there is one more infestation following a visit with your client, we will move for emergency relief. Please review these issues with your client. Very truly yours, IRWIN, McKMGHT & HUGHES MAM/min Encl. cc: Ms. Karla A. Nickerson L/ McKn' II IIAROLDS IRO''/.V (19:54971) HIRMOS IRIVIN..JK 1199.1996) /Ril'I1', /R{Vlh'@1RII'/,1' (1956-1996) /RII'I1: /RIVLV A Ah KA G/R H986.19491 IRO'IV AIrKAIGHT,4 HUG11ES (1994. ) VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. ,V ?tJrW? KA A A. NICKERSON Date: November 14, 2001 r r" (, c? cv ;- - ? i.r, .? C? ii `_?-? [ L l J a .: f'? 1' O `Q ,;.. J ?? U .? C? W AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. r , 1. x , %0 Vill JF `?t I 4 ? _ ? C 2?P.? ifs v f 5 r I ? ,. rds y, 165 AV: T rind x Tom` 1 `' Yh R; w r ?t c r' ..??ti>iCu ,f? i tlt'r ? c ? p ?F>,{ rod'+i?'4 6 f sdFl Y /1 H A .. v Y f N Y If toot s I z's"I SL T+ qWq H O SEE wo,(y.? StC tw. ,t t`« .Acs^„+? iit hay"' ?SAN 2 i ?,? 7s,?Fy S!? All " R K ?? ann "Y L•yy t tl u twC > ?r 1?' 7 rKWO?FICEB ;* TPi ryi v??+ d? s '•'I l fl Mll/[92 r h'/C /I7[/ryaR? LK. ?(f1//!R1 X ryry"?.Y Wt Y 1 F f{{ LY `? 1 r' !? Y/ Y rtnY f'?9t lkkr 'mow 00 01 Sw VAN NICKERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KARLA A. NICKERSON DEFENDANT 99-5240 CIVIL ACTION LAW . IN CUSTODY AND NOW, Wednesday, August 01, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 29, 2001 at 9:30 A.M for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline_,_Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 CUPl:ar.? ., , FErJnrsYL ANA wx-- g d •O/ o i i 155 South Hanover Street Carlisle, Pennsylvania 17013 1/7I[fI[(?BY Q61w 0101 IC1 1 North Main Street 717.241.6070 - 800.734.0490 • FAX: 717,241.6878 Chambersburg, Pennsylvania 17201 w ,ranppeftw. - krog m i0MOW. / JUL 3 0 200 i i, j :r? VAN NICKERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION -LAW V. NO. 99- 5240 KARLA A. NICKERSON. Defendant IN CUSTODY ORDER OF COURT AND NOW, 2001. upon consideration of the attached Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2001_, at o'clock, _.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute: or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIIIS PAPER 1'0 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 FIELD. Office of the Court Administrator Cumberland County Court House, Fourth Floor Carlisle. PA 17013 (717) 240-6200 VAN NICKERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99- 5240 V. KARLA A. NICKERSON. Defendant IN CUSTODY PETITION TO MODIFY CUSTODY Petitioner is Van Nickerson, who resides at 209 East Main street. Landisburg, Perry County, Pennsylvania 17040. 2. Respondent is Karla A. Nickerson, who resides at 21 North Street, Carlisle, Cumberland County. Pennsylvania 17013. 3. On January 18. 2001, the parties entered into a Stipulation and Agreement for Custody and Partial Visitation and Order as attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: (a) The parties can't abide by the Order signed by the Court. (b) Plaintiff has moved back into Central Pennsylvania. (c) The Petitioner has not see the children since July 6. 2001. (d) The best interests of the children will be served by the Court in modifying said Order. WHEREFORE. Petitioner prays this Court to grant the modification of the custody Order as follows: Primary physical custody in the father with supervised visitation in the mother, schedule to be negotiated between the parties. Date: Van Nickerson. Petitioner VAN NICKERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99- 5240 V. KARLA A. NICKERSON. Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger. Esquire, attorney for Plaintiff. do hereby certify that 1 this day served a copy of Petition to Modify Custody the upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle. Pennsylvania, addressed as follows: Karla Nickerson 21 North Street Carlisle, PA 17013 Karl E. Rominger. Esquire Attorney for Plaintff Dated: July 27, 2001 VAN NICKERSON, Plaintiff vs. KARLA A. NICKERSON, Defendant INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY AND PARTIAL CUSTODY COMES NOW, KARLA A. NICKERSON, and through her attorney, James J. Kayer, Esquire, and VAN C. NICKERSON, representing himselfpro se, who do stipulate and agree upon the following: 1. Karla A. Nickerson and Van C. Nickerson are the natural parents of two (2) minor child, Kayla E. Nickerson, born September 18, 1993 and Chyenne N. Nickerson, born January 12, 1996. 2. Primary physical custody of the minor children shall be placed in the mother, Karla A. Nickerson. 3. The parties shall have shared legal custody of the minor children. 4. The father, Van C. Nickerson shall have certain rights of partial physical custody of the minor children. The father shall have the children every other weekend commencrhg on Friday's after school until the following Sunday at 7:00 p.m. He shall have the minor children on alternating weekends thereafter for the same days and hours. 5. The father shall have partial physical custody of the minor children on holidays as the parties may agree. 6. Each parent may take vacations with the children as the parties may mutually agree. 7. The parties shall share transportation responsibilities for periods of custody as they may mutually agree. 8. The father shall have partial physical custody of the minor children at other times that as may be mutually agreed upon between the parties. 9. Mother shall not unreasonably withhold rights of visitation or temporary physical custody. 10. The parties agree and anticipate that this agreement for custody and partial physical custody may be entered as an order of court in tha Court of Common Pleas of Cumberland County, Pennsylvania. 11. The parties do hereby stipulate and agree that they waive their respective rights to be present in court at the time an order is made pursuant to this agreement for custody and partial physical custody. IN WITNESS WHEREOF, the parties hereto and each of them have hereunto set their hands and seals intending to be legally bound hereby this 16'h day of January, 2001. fitness RL A C Witness VAN C. NICKERSON JAN a' 7 nm bo VAN NICKERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION . LAW NO. 99-5240 CIVIL TERM KARLA A. NICKERSON, Defendant : M CUSTODY ORDER OF COURT AND NOW, this /S" day of?Id_- 2000 it is decreed that the Stipulation and Agreement for Custody and Partial Custody that has been executed by the parties named above shall be made an Order of this Court. The Court of Common Pleas of Cumberland County shall maintain jurisdiction in this matter. cc: James J. Kayer, Esquire Attorney for Plaintiff Van C. Nickerson, Pro Se BY THE COURT, C ot' ? ? sr,t;trY r, 4tsm Pe ?? ?:: ?'? ? s ? ? o?? - . ?. VAN NICKERSON, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5240 CIVIL TERM KARLA NICKERSON, : CIVIL ACTION - LAW Respondent IN CUSTODY ORDER OF COURT AND NOW, this /:? ` day of 01.A , 2000, upon consideration of the attached custody Conci is ion Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 17, 1999 shall continue in effect with the exception of paragraphs 3 and 5 which are vacated and replaced by the provisions in this Order. 2. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, PhD. or other professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information concerning the parties or the Children. The parties shall equally share the cost of the evaluation with the exception that the Mother shall be solely responsible to pay for any sessions with the Mother's boyfriend. 3. Pending further order of Court or agreement of the parties, the parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children during alternating weeks from Thursday at 3:00 p.m., when the Father shall pick up the Children from the babysitter through the following Tuesday at 7:00 a.m., when the Father shall transport the Children back to the babysitter. The Father's periods of custody under this provision shall begin on Thursday, July 6, 2000. B. The Mother shall have custody of the Children at all times not otherwise specified for the Father. After the Father's periods of custody ending on alternating Tuesdays, the Mother shall pick up the Children at the babysitter. 4. Both parties shall encourage the Children to contact the non-custodial parent by telephone. 5. Upon completion of the custody evaluation, in the event the parties are not at that time able to reach an agreement as to ongoing custody arrangements, counsel for either party may contact the Conciliator within 3 months of receipt of the evaluator's recommendations, to schedule an additional Custody Conciliation Conference. BY THE COURT, K- evin Hess, J. cc: Jane Adams, Esquire - Counsel for Father 1 James J. Kayer, Esquire - Counsel for Mother VAN NICKERSON, Petitioner VS. KARLA NICKERSON, Respondent PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 subjects of this litigation is as follows: DATE OF BIRTH Kayla E. Nickerson Cheyenne N. Nickerson September 18, 1993 January 12, 1996 CURRENTLY IN CUSTODY OF Mother/Father mother/Father 2. A Conciliation Conference was held on July 5, 2000, with the following individuals in attendance: The Father, Van Nickerson, with his counsel, Jane Adams, Esquire, and the Mother, Karla Nickerson, with her counsel, James J. Kayer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date- Dawn S. Sunday, Esquire Custody Conciliator W x ii 1 ? ayy? ? y ? W> a $4 41 'd E? E ~ a ? p ? g ?O r) $ C N ? -1 N y oU V ` V ?H d v u Q N ,nazi W a u? N C ,r_ Q ?3`? H Z U l yy al .a 0 JUL j 120 J JAN 17 Torn P VAN NICKERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM KARLA A. NICKERSON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /9" day of2000 it is decreed that the Stipulation and Agreement for Custody and Partial Custody that has been executed by the parties named above shall be made an Order of this Court. The Court of Common Pleas of Cumberland County shall maintain jurisdiction in this matter. BY THE COURT, cc: James J. Kayer, Esquire Attorney for Plaintiff Van C. Nickerson, Pro Se t0? C ?°,.1ot?5 C! !A" ! y AN lo: ?.7 curdatkl?.?o COUNTY PFj"! & K VAN NICKERSON, Plaintiff vs. KARLA A. NICKERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM : IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY AND PARTIAL CUSTODY COMES NOW, KARLA A. NICKERSON, and through her attorney, James J. Kayer, Esquire, and VAN C. NICKERSON, representing himself pro se, who do stipulate and agree upon the following: 1. Karla A. Nickerson and Van C. Nickerson are the natural parents of two (2) minor child, Kayla E. Nickerson, born September 18, 1993 and Chyenne N. Nickerson, bom January 12, 1996. 2. Primary physical custody of the minor children shall be placed in the mother, Karla A. Nickerson. 3. The parties shall have shared legal custody of the minor children. 4. The father, Van C. Nickerson shall have certain rights of partial physical custody of the minor children. The father shall have the children every other weekend commencing on Friday's after school until the following Sunday at 7:00 p.m. He shall have the minor children on alternating weekends thereafter for the same days and hours. 5. The father shall have partial physical custody of the minor children on holidays as the parties may agree. 6. Each parent may take vacations with the children as the parties may mutually agree. 7. The parties shall share transportation responsibilities for periods of custody as they may mutually agree. 8. The father shall have partial physical custody of the minor children at other times that as may be mutually agreed upon between the parties. 9. Mother shall not unreasonably withhold rights of visitation or temporary physical custody. 10. The parties agree and anticipate that this agreement for custody and partial physical custody may be entered as an order of court in the Court of Common Pleas of Cumberland County, Pennsylvania. 11. The parties do hereby stipulate and agree that they waive their respective rights to be present in court at the time an order is made pursuant to this agreement for custody and partial physical custody. IN WITNESS WHEREOF, the parties hereto and each of them have hereunto set their hands and seals intending to be legally bound hereby this 16'h day of January, 2001. Witness RL A L? Witness VAN C. NICKERSON r Om ?Z > x r CD 0 p S ID 0 y' A ? N 7 W IS . ID _ . a Do) Er. o N N d O W ?4 @ c C C O O W ? 7 C fD i t KARLA A. (NICKERSON) SILVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-5240 CIVIL ACTION LAW VAN C. NICKERSON DETENDANT IN CUSTODY ORDER OF COURT AND NO W, Wednesday, January 05, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _Thursday, February 03, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: ls/ Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or (tearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?F Thl_ f T' 13 K,3? Xi; G as ?m t f, V C?J . r (UJ4 KARLA A. (NICKERSON) SILVIS, Plaintiff/Petitioner V. VAN C. NICKERSON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of , 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 at . M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 1-800.990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KARLA A. (NICKERSON) SILVIS, Plaintiff/Petitioner V. VAN C. NICKERSON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5240 CIVIL TERM IN CUSTODY COMPLAINT FOR MODIFICATION OF CUSTODY AND NOW, this 291h of December, 2004, comes the Plaintiff/Petitioner, Karla A. (Nickerson) Silvis, by her attorneys, Irwin & McKnight, and presents the following Complaint for Modification of Custody. The Plaintiff/Petitioner is Karla A. (Nickerson) Silvis, an adult individual residing at 21 "H" Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant/Respondent is Van C. Nickerson, an adult individual residing at 374 Creek Road, Shermans Dale, Perry County, Pennsylvania 17090. 3. The parties are the natural parents of two minor children, namely, Kayla Elizabeth Nickerson, born September 18, 1993, and Cheyenne Nicole Nickerson, bom January 12, 1996. 4. On September 26, 2002, a Custody Conciliation Report was issued in the above- captioned case. A copy of the Order of Court dated September 30, 2002, is attached hereto and marked as Exhibit "A". 5. The Respondent has repeatedly failed to exercise his periods of custody with the children. 6. The Custody Orders provide that the parties have joint legal custody of both children. Kayla need eye surgery which the Respondent initially approved. Eye surgery was scheduled for December 2, 2004, at Susquehanna Valley Surgery Center. The Respondent has dropped insurance coverage on the children. They are now covered by the Petitioner's insurance. On the date of the surgery, the Respondent withheld his consent for the surgery and it was cancelled. 7. The Respondent called the Petitioner prior to the scheduled surgery and told her that he planned to make her life a living hell for eight more years. 8. The Petitioner seeks permission to have the minor child's eye surgery performed at Susquehanna Valley Surgery Center. In the alternative, she seeks primary legal custody of the children in order to avoid further problems in the future. WHEREFORE, Plaintiff/Petitioner respectfully seeks the entry of an Order of Court setting a Conciliation Conference and that the Defendant/Respondent be required to attend said conference and that the Plaintiff/Petitioner be awarded primary physical and legal custody of said minor children. Respectfully submitted, IRWIN By: A. Zr g ht, III, Esquire Po Street Pe vania 17013 Date: December 29, 2004 -Supreme Court I.D. No. 2547 EXHIBIT A KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant PRIOR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :99-5240 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Elizabeth Nickerson September 18, 1993 Mother Cheyenne Nicole Nickerson January 12, 1996 Mother 2. A Conciliation Conference was held in this matter on September 25, 2002 with the following individuals in attendance: The Mother, Karla A. Nickerson, with her counsel, Marcus A. McKnight, III, L•squire, and the Father, Van C. Nickerson, with his counsel, Karl E. Rominger, Esquire. 3. The Honorable Kevin A. Hess previously entered three Orders of Court, dated November 17, 1999, July 13, 2000 and January 25, 2002. Mother tiled for a modification of the most recent Order due to the children contracting head lice again. 4. The parties agreed to entry of an Order in the form as attached. Date Jitcq -Iine NI. Verney, Esquire Custody Conciliator ',r4' 7 h -11f1i KARLA A. NICKERSON, : IN THE COURT OF CONINION PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 1999-5240 CIVIL TERINI VAN C. NICKERSON, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3u r day of fTMI. 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated November 17, 1999, July 13, 2000 and January 25, 2002 are hereby vacated. 2. •rhe Mother, Karla A. Nickerson, and the Father, Van C. Nickerson, shall have shared legal custody of Kayla Elizabeth Nickerson, born September 18, 1993, and Cheyenne Nicole Nickerson, born January 12, 1996. Each parent shall have alt equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Mother shall have primary physical custody of the Children. 4. Beginning October 4, 2002, Father shall have partial physical custody of the Children on alternating weekends from Friday after school at 3:45 p.m. or from the babysitter's at 3:45 p.m. to Sunday at 7:00 p.m, 5. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be perl'ornted by Stanley Schneider, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information concerning the parties or the Children. The parties shall cooperate in getting the Children to appointments for the evaluation. Each party shall be responsible for transportation of the Children for their respective appointments. 6. Father shall be entitled to three non-consecutive weeks in the stunner provided he give Mother 30 days prior notice thereof'. 7. Father shall be responsible for picking up the Children after school. In the event third parties are necessary to transport the children on behalf of a parent, the third parties shall not communicate with the other parent. Transfer of custody on Sunday shall occur at the North Middleton Township Police Department. 8. Neither parent shall do or say anything nor permit any third party from doing or saying anything that may estrange the Children front the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 9. Both parties shall be entitled to liberal telephone contact with the Children. 10. In the event one or both ofthe Children contract head lice, Father's partial physical custody shall be suspended until Father provides proof that his home or the home of relatives where the Children stay has been disinfected. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Upon completion of the custody evaluation, in the event the parties are not at that time able to reach an agreement as to ongoing custody arrangements, counsel for either party may contact the Conciliator within 3 months of receipt of the evaluator's recommendation, to schedule an additional Custody Conciliation Conference. BY THE COURT, ISl C. Kevin A. Hess, J. cc: Marcus A. McKnight, Ill, Esquire, Counsel for Mother Karl E. Rominger, Esquire, Counsel for Father le f) VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. KA LA A. (NICKERSON) SILVIS Date: DECEMBER 29, 2004 cr% t z W CJ r !1/ r N `? SFP 2 6 Jllili KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 1999-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ?o' day of -L.-, , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated November 17, 1999, July 13, 2000 and January 25, 2002 are hereby vacated. 2. The Mother, Karla A. Nickerson, and the Father, Van C. Nickerson, shall have shared legal custody of Kayla Elizabeth Nickerson, bom September 18, 1993, and Cheyenne Nicole Nickerson, bom January 12, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Mother shall have primary physical custody of the Children. 4. Beginning October 4, 2002, Father shall have partial physical custody of the Children on alternating weekends from Friday after school at 3:45 p.m. or from the babysitter's at 3:45 p.m. to Sunday at 7:00 p.m. 5. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information concerning the parties or the Children. The parties shall cooperate in getting the Children to appointments for the evaluation. Each party shall be responsible for transportation of the Children for their respective appointments. 6. Father shall be entitled to three non-consecutive weeks in the summer provided he give Mother 30 days prior notice thereof. -?f.4Y 7. Father shall be responsible for picking up the Children after school. In the event third parties are necessary to transport the children on behalf of a parent, the third parties shall not communicate with the other parent. Transfer of custody on Sunday shall occur at the North Middleton Township Police Department. 8. Neither parent shall do or say anything nor permit any third party from doing or saying anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 9. Both parties shall be entitled to liberal telephone contact with the Children. 10. In the event one or both of the Children contract head lice, Father's partial physical custody shall be suspended until Father provides proof that his home or the home of relatives where the Children stay has been disinfected. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terns of this Order shall control. Upon completion of the custody evaluation, in the event the parties are not at that time able to reach an agreement as to ongoing custody arrangements, counsel for either party may contact the Conciliator within 3 months of receipt of the evaluator's recommendation, to schedule an additional Custody Conciliation Conference. BY THE COURT, Kevin cc: Marcus A. McKnight, 111, Esquire, Counsel for Mother oz Karl E. Rominger, Esquire, Counsel for Father KARLA A. NICKERSON, Plaintiff V. VAN C. NICKERSON, Defendant PRIOR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :99-5240 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Elizabeth Nickerson September 18, 1993 Mother Cheyenne Nicole Nickerson January 12. 1996 Mother 2. A Conciliation Conference was held in this matter on September 25, 200with the following individuals in attendance: The Mother, Karla A. Nickerson, with her- counsel, Marcus A. McKnight, III, Esquire, and the Father, Van C. Nickerson, with his counsel, Karl E. Rominger, Esquire. 3. The Honorable Kevin A. Hess previously entered three Orders of Court, dated November 17, 1999, July 13, 2000 and January 25, 2002. Mother filed for a modification of the most recent Order due to the children contracting head lice again. 4. The parties agreed to entry of an Order in the form as attached. Date JScq line M. Verney, Esquire Custody Conciliator FEB 1 4 2011?/ KARLA A. (NICKERSON) SILVIS,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. VAN C. NICKERSON, Defendant NO. 1999-5240 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this _?'' day of 4t 2005, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: I . The prior Order of Court dated September 30, 2002 shall remain in full force and effect with the following modification: 2. Mother and Father hereby authorize Kayla to have eye surgery. Mother shall notify her counsel as to the date of the surgery. Mother's counsel shall notify Father by letter as to the date of the surgery. Father is responsible for calling the surgeon's office to determine the time of the surgery. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cce-Marcus A. McKnight, III, Esquire, Coun '''van C. Nickerson, pro se 374 Creek Road J Shennansdale, PA 17090 BY THE C URT??// / Kevin .Hess, for Mother 0 2-09 -0S 1 1 ? ?i ?' .. FMS -9 ???i I FES U 4 2005 f'(-? KARLA A. (NICKERSON) SILVIS,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. VAN C. NICKERSON, Defendant PRIOR JUDGE: Kevin A. Hess :99-5240 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kayla Elizabeth Nickerson September 18, 1993 Mother Cheyenne Nicole Nickerson January 12, 1996 Mother 2. A Conciliation Conference was held in this matter on February 3, 2005 with the following individuals in attendance: The Mother, Karla A. Nickerson, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Van C. Nickerson, pro se. 3. The Honorable Kevin A. Hess previously entered an Order of Court, dated September 30, 2002. Mother filed for a modification of the most recent Order to secure Father's agreement for eye surgery for Kayla. 4. The parties agreed to entry of an Order in the form as attached. .2 -.3 -e)s I ,u Date a Custody Conciliator ?,